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Home My WebLink About061207 CC Agenda In 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 (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 12, 2007 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:30 P.M. - Closed Session of the City Council, instructions to real property negotiators pursuant to Government Code Section 54956.8 regarding the following real properties: a. Real property owned by Aquiport Amsdell, which is commonly known as 44618 Pechanga Parkway, Temecula, and identified as Riverside County Assessor's Parcel Number 961-010-009. City of Temecula negotiator, Carol Chiodo, Property Agent, regarding instructions to negotiators concerning price and terms. The City negotiator may negotiate with the property owner Aquiport Amsdell. b. Real property owned by Arthur and Julia Gaitan, which is unimproved land located on Pechanga Parkway, Temecula, and identified as Riverside County Assessor's Parcel Number 961-010-022. City of Temecula negotiator, Carol Chiodo, Property Agent, regarding instructions to negotiator concerning price and terms. City negotiator may negotiate with the property owners Arthur and Julia Gaitan. c. Real property owned by Temecula Creek RV Storage, which is commonly known as 44526 Pechanga Parkway, Temecula, and identified as Riverside County Assessor's Parcel Number 961-010-024. City of Temecula negotiator, Carol Chiodo, Property Agent, regarding instructions to negotiator concerning price and terms. City negotiator may negotiate with the property owner Temecula Creek RV Storage. d. Real property owned by Stephen Sweatt and Andrea Lovvorn, which is commonly known as 45009 Muirfield, Temecula, and identified as Riverside County Assessor's Parcel Number 961-042-001. City of Temecula negotiator, Carol Chiodo, Property Agent, regarding instructions to negotiator concerning price and terms. City negotiator may negotiate with the property owners Stephen Sweatt and Andrea Lovvorn. e. Real property owned by Mike and Beverly Siow, which is commonly known as 44975 Trotsdale Drive, Temecula, and identified as Riverside County Assessor's Parcel Number 961-042-004. City of Temecula negotiator, Carol Chiodo, Property Agent, regarding instructions to negotiator concerning price and terms. City negotiator may negotiate with the property owners Mike and Beverly Siow. f. Real property owned by Christopher and Tammy Mitchell, which is commonly known as 45024 Muirfield, Temecula, and identified as Riverside County Assessor's Parcel Number 961-043-011. City negotiator may negotiate with the property owners Christopher and Tammy Mitchell. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 07-07 Resolution: 07-40 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Lauren Arasim Invocation: Pastor Ed Benitez of House of Praise Flag Salute: Council Member EdlNards ROLL CALL: Comerchero, EdlNards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Certificates of Achievement to the Temecula Swim Club Junior Olvmpians Solar CuP 2007 Citv Council Trophv Presentation to Chaparral Hiqh School PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. 2 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to \Naive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 24, 2007; 2.2 Approve the minutes of May 8, 2007; 2.3 Approve the minutes of May 16, 2007 (Budget Workshop). 3 Resolution aoorovinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Reoort as of Aoril 30. 2007 RECOMMENDATION: 3 4.1 Approve and file the City Treasurer's Report as of April 30, 2007. 5 Resolution Adootinq FY 2007-2008 Solid Waste Rates RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2007-2008 6 Voter Aooroved Measure C Annual Soecial Tax Levv RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2007-2008 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 7 One-vear Ameement with Animal Friends of the Vallevs for Animal Control Services RECOMMENDATION: 7.1 Approve a one-year contract for Animal Control Services with Animal Friends of the Valleys not to exceed $156,000 per year; 7.2 Authorize the City Manager to approve additional service not to exceed $10,000 in contingency. 8 Ameement for Consultinq Services between the Citv of Temecula and Communitv Works Desiqn Grouo (Contract Extension) RECOMMENDATION: 8.1 Approve the Contract with Community Works Design Group to perform landscape plan check and inspection services in the amount of $100,000. 9 Tract Mao No. 33125 (located East of Pechanqa Park\Nav within the Wolf Creek Soecific Plan) RECOMMENDATION: 4 9.1 Approve Tract Map No. 33125 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 10 Acceotance of certain Public Streets into the Citv-Maintained Svstem within Tract Mao No. ~9639-1 (located southwest of the intersection of Date Street and Mamarita Road within the Harveston Subdivision) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29639-1) 11 Acceotance of certain Public Streets into the Citv-Maintained Svstem within Tract Mao No. 29639-2 - Harveston Drive and Date Street (located southwest of the intersection of Mamarita Road and Harveston Wav within the Harveston Subdivision\. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM - HARVESTON DRIVE AND DATE STREET (WITHIN TRACT NO. 29639-2) 12 Acceptance of certain Public Streets into the City-Maintained Svstem within Tract Map Nos. 29798-4 and 29798-8 !located northeasterlv of the intersection of Pechanqa Park\Nav and Wolf Vallev Road - within the Wolf Creek Subdivision) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA 5 ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 297984 AND 29798-8) 13 Acceotance of certain Public Streets into the Citv-Maintained Svstem within Tract Mao Nos. 30668. 30668-1. and 30668-2 !located southwest of the intersection of Harveston Drive and Lake House Road within the Harveston Subdivision) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30668, 30668-1 AND 30668-2) 14 Authorize Tem~orary Street Closure for the Street Paintinq Festival in Old Town (Main Street between Murrieta Creek and the easterlv terminus of Main Street at Interstate 15) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CLOSURE OF A PORTION OF A MAIN STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 15 First Amendments to Professional Services Ameements for Real Estate Aooraisal Services for Various Caoitallmorovement Proiects for FY2007-200~ RECOMMENDATION: 15.1 Approve the First Amendment to the agreement with Donahue & Company, Inc. in the amount of $50,000 to provide as needed real estate appraisal services for FY2007-2008; 15.2 Approve the First Amendment to the agreement with Lea Associates, Inc. in the amount of $50,000 to provide as needed real estate appraisal services for FY2007- 2008; 15.3 Approve the First Amendment to the agreement with Mason & Mason in the amount of $50,000 to provide as needed real estate appraisal services for FY2007-2008; 15.4 Approve the First Amendment to the agreement with Robert Shea Perdue in the amount of $50,000 to provide as needed real estate appraisal services for FY2007 2008; 6 15.5 Approve the First Amendment to the agreement with Riggs & Riggs, Inc. in the amount of $50,000 to provide as needed real estate appraisal services for FY2007- 2008; 15.6 Authorize the Mayor to execute the agreements. 16 First Amendments to the Professional Services Ameements for Survev Services for Various Caoitallmorovement Proiects for FY2007-2008 RECOMMENDATION: 16.1 Approve the agreement with Cozad & Fox, Inc. in the amount of $100,000.00 to provide as needed engineering and construction survey services for FY2007 -2008; 16.2 Approve the agreement with Nolte Associates, Inc. in the amount of $100,000.00 to provide as needed engineering and construction survey services for FY2007 -2008; 16.3 Authorize the Mayor to execute the agreements. 17 First Amendments to Professional Ameements for Geotechnical & Material Testinq Services for Various Caoitallmorovement Proiects for FY2007-200~ RECOMMENDATION: 17.1 Approve the First Amendment to the agreement with Converse Consultants in the amount of $100,000.00 to provide as needed geotechnical and materials testing services for FY2007-2008; 17.2 Approve the First Amendment to the agreement with Ninyo & Moore in the amount of $100,000.00 to provide as needed geotechnical and materials testing services for FY2007-2008; 17.3 Approve the First Amendment to the agreement with Petra Geotechnical, Inc. in the amount of $100,000.00 to provide as needed geotechnical and materials testing services for FY2007-2008; 17.4 Authorize the Mayor to execute the agreements. 18 Professional Services Ameement for Enqineerinq Desiqn Services for the Temecula Park and Ride 179 South). Proiect No. PW06-09 RECOMMENDATION: 18.1 Approve the agreement with ME, Inc. in the amount of $109,085.00 to provide Professional Engineering design services for the Temecula Park and Ride (79 South) - Project No. PW06-09 - and authorize the Mayor to execute the agreement; 7 18.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $10,909.00, which is equal to 10% of the agreement amount. 19 Annual Purchase Ameement for FY2007 -2008 for the Purchase of Street Stencilinq Paint RECOMMENDATION: 19.1 Approve the purchase agreement for Fiscal Year 2007-2008 with Pervo Paint Company for the purchase of street stenciling paint for painting street stencils/legends and curbs Citywide in the amount of $50,000.00 and authorize the mayor to execute the agreement. 20 Purchase of Street Stencil Thermoolastic Aoolicator and Trailer RECOMMENDATION: 20.1 Approve the purchase of a Street Stencil Thermoplastic Applicator and Trailer in the amount of $34,486.04 from Line Master Engineering, Inc. for the Public Works Maintenance Division. 21 A\Nard the Construction Contract for Proiect No. PW07-06 - Citvwide Concrete Reoairs- Phase II Fiscal Year 2006-2007 RECOMMENDATION: 21.1 A\Nard a construction contract for Project No. PW07-06 - Citywide Concrete Repairs - Phase II Fiscal Year 2006-2007 - to Del Rio Enterprise, Inc. in the amount of $138,392.82 and authorize the Mayor to execute the contract; 21.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $13,839.28, which is equal to 10% of the contract amount. 22 Ameement for plan review services with Esqil Corooration RECOMMENDATION: 22.1 Approve an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2007/2008 in the amount of $200,000. 23 Ameement for Contract Insoection Services with P & D Consultants RECOMMENDATION: 23.1 Approve an Agreement for Consultant Services with P&D Consultants for FY2007- 2008 in an amount not to exceed $156,000. 24 Ameement for Plan Review Services with Interwest Consultinq RECOMMENDATION: 8 24.1 Approve an Agreement for Consultant Services for Plan Check Review for FY2007- 2008 with Interwest Consultants in an amount not to exceed $50,000. 25 Local Aqencv Formation Commission Sphere of Influence Review Response Letter RECOMMENDATION: 25.1 Approve the Sphere of Influence response letter to the Riverside County Local Agency Formation Commission. 26 Annual Recruitment Advertisinq Purchasinq Authorization of $30.000 with the San Dieqo Union- Tribune RECOMMENDATION: 26.1 Approve the purchasing authorization of $30,000 annually for recruitment advertising with the San Diego Union-Tribune. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 27 Minutes RECOMMENDATION: 27.1 Approve the minutes of May 22,2007. g 28 Temecula Communitv Services District Fiscal Year 2007-2008 Annual Maintenance Ameements RECOMMENDATION: 28.1 Approve the minor annual maintenance and construction contracts for FY2007-2008 with: 1. Rizzo Construction, for an amount not to exceed $200,000.00 2. Moore Fence, for an amount not to exceed $150,000.00 3. Park Specialties, for an amount not to exceed $150,000.00 4. Alexander Pacific, for an amount not to exceed $100,000.00 5. N.P.G. Inc. for an amount not to exceed $100,000.00 6. Imperial Paving Company, Inc. for an amount not to exceed $100,000.00 7. Strong Painting, for an amount not to exceed $100,000.00 8. Craftsmen Plumbing, for an amount not to exceed $75,000.00 9. Power Distributors Inc. for an amount not to exceed $50,000.00 10. Monteleone Contractor's, Inc. for an amount not to exceed $50,000.00 11. Tiger Equipment, Inc. for an amount not to exceed $50,000.00 29 Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year 2007-2008 RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2007-2008 29.2 Adopt a resolution entitled: RESOLUTION NO. CSD 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING CERTAIN TRACTS INTO SERVICE LEVEL C BEGINNING FISCAL YEAR 2007- 2008 30 Third Amendment to the Heatinq and Air Conditioninq Service Ameement with Southcoast Heatinq and Air Conditioninq for FY2007-2008 RECOMMENDATION: 10 30.1 Approve the Third Amendment with Southcoast Heating and Air Conditioning for $45,000.00, to provide Heating and Air Conditioning Maintenance Services and extend the Agreement to June 30, 2008. 31 Ameement with Environmental Cleaninq Solution & Services. Inc. for Park Restroom and Picnic Shelter Janitorial Maintenance Services RECOMMENDATION: 31.1 Approve the Agreement with Environmental Cleaning Solutions & Services, Inc. in the amount of $70,548.00 plus a 10% contingency in the amount of $7,054.80 for Janitorial Maintenance Services for FY2007-2008. 32 Patricia H. Birdsall Soorts Comolex. Proiect No. PW01-17CSD - Concession Buildinq Tenant Imorovements. Comoletion and Acceotance RECOMMENDATION: 32.1 Accept the Concession Building Tenant Improvements work done by Rizzo Construction, Inc. as complete; 32.2 Direct the City Clerk to file a Notice of Completion. 33 Patricia H. Birdsall Soorts Comolex. Proiect No. PW01-17CSD - Proiect Acceotance and Filinq of the Notice of Comoletion RECOMMENDATION: 33.1 Approve an appropriation of $221 ,000.00 from Development Impact Fees (DIF) - Quimby to cover final contract and budget costs for the Patricia H. Birdsall Sports Complex -Project No. PW01-17CSD; 33.2 Approve Construction Contract Change Order No. 25 in the amount of $94,419.00; 33.3 Accept the Patricia H. Birdsall Sports Complex Project - Project No. PW01-17CSD - as complete; 33.4 File the Notice of Completion, release the Performance Bond, and accept a one- year Maintenance Bond; 33.5 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 34 Amendment NO.1 to the Ameement with Maroarita Officials Association RECOMMENDATION: 34.1 Approve Amendment NO.1 to the Agreement with Margarita Officials Association in the amount of $6,000 for adult softball officiating. 11 CSD PUBLIC HEARING Any person may submit written comments to the Community Services District before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 35 Review and Adootion of the FY 2007-08 Annual Ooeratinq Budqet RECOMMENDATION: 35.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2007-08 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 36 TCSD Prooosed Rates and Charoes for Fiscal Year 2007-200l:! RECOMMENDATION: 36.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - PERIMETER LANDSCAPING AND SERVICE LEVEL D - REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2007 -2008 36.2 Adopt a resolution entitled: RESOLUTION NO. CSD 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R - ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2007 -2008 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS 12 CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RDA CONSENT CALENDAR 37 Minutes Aoorove the minutes of Mav 22. 2007. RDA BUSINESS 38 Review and Adootion of the FY 2007-08 Annual Ooeratinq Budqet RECOMMENDATION: 38.1 Adopt a resolution entitled: RESOLUTION NO. RDA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2007-08 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 39 Review and Adootion of the FY 2008-12 Caoitallmorovement Budqet for the Redevelooment Aqencv (RDA) RECOMMENDATION: 39.1 Adopt a resolution entitled: 13 RESOLUTION NO. RDA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2008-12 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2007-08 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. COUNCIL BUSINESS 40 Review and Adootion of the FY 2007-08 Annual Ooeratinq Budqet RECOMMENDATION: 40.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2007-08 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 40.2 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 40.3 Adopt a resolution entitled: RESOLUTION NO. 07-_ 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2007-08 41 Brief Review and Adootion of the FY 2008-12 Caoitallmorovement Promam RECOMMENDATION: 41.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2008-12 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2007-08 42 Amendment to the Temecula Municioal Code to Imolement Chanqes in Purchasinq Suoolies and Equioment RECOMMENDATION: 42.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.28.130, 3.28.250, and 3.28.290 OF THE TEMECULA MUNICIPAL CODE CONCERNING PURCHASES OF SUPPLIES AND EQUIPMENT TO BE MADE BY FORMAL BID ABOVE A MINIMUM AMOUNT TO BE SET BY CITY COUNCIL RESOLUTION CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, June 26, 2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 15 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Garrett Ballreich We join with the citizens of the City ofTemecula in congratulating Garrett on his accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Garrett has worked diligently to meet his goals in order qualifY for this special event. Weare proud of Garrett's dedication and talent to the sport of swimming and to the Temecula Triton Swim Club. We wish him continued success in this sport and with his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and officiat seat this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Amanda Buxbaum We join with the citizens of the City ofTemecula in congratulating Amanda on her accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Amanda has worked diligently to meet her goals in order qualifY for this special event. Weare proud of Amanda's dedication and talent to the sport of swimming and to the Temecula Triton Swim Club. We wish her continued success in this sport and with her future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Lauren Chamberlain We join with the citizens of the City ofTemecula in congratulating Lauren on her accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Lauren has worked diligently to meet her goals in order qualifY for this special event. Weare proud of Lauren' s dedication and talent to the sport of swimming and to the Temecula Triton Swim Club. We wish her continued success in this sport and with her future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Alexander Mareda We join with the citizens of the City ofTemecula in congratulating Alexander on his accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Alexander has worked diligently to meet his goals in order qualifY for this special event. Weare proud of Alexander's dedication and talent to the sport of swimming and to the T emecula Triton Swim Club. We wish him continued success in this sport and with his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Kate Santilena We join with the citizens of the City of Temecula in congratulating Kate on her accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Kate has worked diligently to meet her goals in order qualifY for this special event. We are proud of Kate' s dedication and talent to the sport of swimming and to the Temecula Triton Swim Club. We wish her continued success in this sport and with her future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Mika Thompson We join with the citizens of the City of Temecula in congratulating Mika on her accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Mika has worked diligently to meet her goals in order qualifY for this special event. Weare proud ofMika's dedication and talent to the sport of swimming and to the Temecula Triton Swim Club. We wish her continued success in this sport and with her future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Kristynn Thorne We join with the citizens of the City ofTemecula in congratulating Kristynn on her accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Kristynn has worked diligently to meet her goals in order qualifY for this special event. Weare proud of Kristynn' s dedication and talent to the sport of swimming and to the Temecula Triton Swim Club. We wish her continued success in this sport and with her future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Ashley Wacker We join with the citizens of the City ofTemecula in congratulating Ashley on her accomplishments and efforts competing at the Spring 2007 Junior Olympics representing the Temecula Triton Swim Club. Ashley has worked diligently to meet her goals in order qualifY for this special event. Weare proud of Ashley's dedication and talent to the sport of swimming and to the Temecula Triton Swim Club. We wish her continued success in this sport and with her future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this l2,h day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends Bryan Davis, Coach of the Temecula Triton Swim Club and joins with the citizens of the City ofTemecula in congratulating Coach Davis on his accomplishments and efforts leading the Temecula Triton Swim Club to the Junior Olympics. Coach Davis has been a leader and mentor to the Swim Club athletes for over six years. He is a USA Swimming Coach and a member of the American Swim Coaches Association Level 3 and the American Red Cross WSI. Coach Davis has received certificates for CPR, First Aid, and Coaches Safety Training as well as serving as a CPR, First Aid, and AED instructor. We thank Coach Davis for his leadership and contributions to the youth of our City and we wish him success in his future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 12''' day of June, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of" Great Oak High School for competing in the Fifth Annual Solar Cup 2007 Event IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this lZth day of June, Z007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR I~-- . , II ITEM NO.1 II , II - . . . I I II II __. . I I~-- . , II ITEM NO.2 II , II - . . . I I II II __. . I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 24,2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, April 24, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Ed\Nards, Naggar, Roberts and Mayor Washington. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music \NaS provided Anthony Savitt and his father, Ron Savitt. INVOCATION The invocation \NaS given by Reverend Larry Kroger of Hope Lutheran Church. PLEDGE OF ALLEGIANCE AND FLAG CEREMONY The pledge of allegiance \NaS presented by Arrow of Light Pack No. 367. PRESENTA TIONS/PROCLAMA TIONS Arrow of Liqht Certificates Mayor Washington commended the following students for their outstanding achievement of the Arrow of Light Award. o Oliver Abbey o Grant Allington o Alec Bodemer o Brandon Farkas o Sam Harnett o Parker Kelliher o Prithipal Khalsa o Kyle Kitley o Anthony Pena o Grant Salts o Alec Shaw o Blaise Wopperer R:\Minutes\042407 Proclamation for Teacher Aooreciation Week On behalf of the City Council, Mayor Washington honored the following teachers for Teacher Appreciation Week: o Ms. Susan Elliott, President of the Temecula Valley Council PTA o Ms. Carol Leighty, Temecula Valley Unified School District Superintendent o Mr. Ed Sibby, President of the Teachers' Union o Mr. Brian Wixom, Physical Education Teacher, Vail Elementary School o Ms. Dana Miller, Fourth Grade Teacher, Sparkman Elementary o Mr. Ste\Nart Morris, Temecula Valley Unified School District, President Accepting on behalf of the group and the 1500 teachers that work in the Temecula Valley Unified School District, Mr. Sibby thanked the City Council for the recognition. Ms. Leighty also thanked the City Council for the recognition. Sister Citv Presentation The 2007 Cultural Exchange Students that traveled to Nakayama-Daisen, Japan, thanked the City Council for its continued support of the program and on behalf of the Mayor of Daisen, presented the City Council with a gift. Speaking on behalf of the exchange group, Chaperones Mr. and Mrs. Jones thanked the City Council for its ongoing support. PUBLIC COMMENTS A. Ms. Rebecca Weersing, Temecula Valley Rose Society, invited the City Council and public to The 13'h Annual Rose Festival to be held at the Community Recreation Center (CRC) from May 5-6, 2007. Ms. Weersing presented City Clerk Jones with a bouquet of roses. B. Ms. Carol Leighty, representing Temecula Valley Unified School District, recognized Temecula's outstanding Police Department; noting that Chief Aim's proactive stance \NaS very much appreciated during the week of the Virginia Tech Masacre; and on behalf of the TVUSD, students, and parents, publicly thanked the Council, Chief Aim, Sergeant Adams, Lieutenant Pino, and all officers and staff who helped to ensure the safety for high school students of Temecula. CITY COUNCIL REPORTS No reports at this time. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to \Naive the reading of the text of all ordinances and resolutions included in the agenda. R:\Minutes\042407 2 2 Resolution aoorovinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 07 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Tract Mao No. 33891 (located northwest of Maroarita Road and Dartolo Road) RECOMMENDATION: 3.1 Approve Tract Map NO.33891 in conformance with the Conditions of Approval; 3.2 Approve the Subdivision Improvement Agreement and accept the Bonds as security for the agreement; 3.3 Approve the Subdivision Monument Agreement and accept the Bond as security for the agreement. 4 Acceotance of certain Public Streets into the Citv-Maintained Svstem within Tract Mao No. 29305 (located east of Pechanqa Park\Nav and south of Wolf Vallev Road within the Wolf Creek Subdivision) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 07 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29305) 5 Pavement Rehabilitation - STPL Proiect No. PW06-14 Professional Enqineerinq Desiqn Services Ameement RECOMMENDATION: 5.1 Approve an agreement with Harris and Associates in an amount of $136,764 to provide professional engineering design services for Project No. PW06-14, and authorize the Mayor to execute the agreement; 5.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,676, which is equal to 10% of the agreement amount. R:\Minutes\042407 3 6 Suooort for 2007 Air Qualitv Manaqement Plan (AQMP) - at the request of Mavor Washinqton RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 07 -33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE DEVELOPMENT OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S DRAFT 2007 AIR QUALITY MANAGEMENT PLAN (AQMP) FOCUSING ON MOBILE SOURCE CONTROLS 7 Acceptance of Grant Deed for Lot 21 of Tract 29305 RECOMMENDATION: 7.1 Authorize acceptance of the Grant Deed for Lot 21 of Tract 29305 and direct staff to proceed with the necessary actions to cause to deed to be recorded. 8 Contract for the Installation of Additional Liqhtinq for the Temecula Public Librarv - Proiect No. PWOO-07 RECOMMENDATION: 8.1 Approve a contract for additional lighting for the Temecula Public Library - Project No. PWOO-07 with Tri-Citi Electric - in the amount of $33,683.14 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,368.31, which is equal to 10% of the contract amount. 9 Establishment and Aooointment of Militarv Ad-Hoc Subcommittee (at the request of Mavor Washinqton and Council Member Ed\Nards) RECOMMENDATION: 9.1 Establish an ad-hoc subcommittee to enhance the relationship between the City and the military community; 9.2 Appoint Mayor Washington and Council Member Ed\Nards to this ad hoc subcommittee. (Item No.9 was pulled for separate discussion; see page 5.) R:\Minutes\042407 4 10 Second Readinq of Ordinance No. 07-02 RECOMMENDATION: 10.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.36 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE NON-PERMITTED USE, STORAGE, MANUFACTURING, AND SALE OF FIREWORKS Consent calendar Item No. 10 was removed from the consent calendar MOTION: Council Member Ed\Nards moved to approve Consent Calendar Item Nos. 1-8 (Item No.9 was considered under separate discussion and Item No. 10 was removed from the Consent Calendar.) Council Member Roberts seconded the motion and electronic vote reflected unanimous aooroval. 9 Establishment and Aooointment of Militarv Ad-Hoc Subcommittee (at the request of Mavor Washinqton and Council Member Ed\Nards) RECOMMENDATION: 9.3 Establish an ad-hoc subcommittee to enhance the relationship between the City and the military community; 9.4 Appoint Mayor Washington and Council Member Ed\Nards to this ad hoc subcommittee. Mayor Washington relayed the history behind the proposal of this item. A. Mr. Mike Heisinger, representing Veterans of Foreign War Temecula Post 4089, relayed full support to the formation of this subcommittee to enhance the relationship between the City and Military community. At this time, the public hearing \NaS closed. MOTION: Council Member Ed\Nards moved to approve Consent Calendar Item NO.9. Council Member Roberts seconded the motion and electronic vote reflected unanimous aooroval. At 7:33 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:35 p.m., the City Council resumed with regular business. R:\Minutes\042407 5 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 17 Prooosed Zoninq Ordinances addinq Chaoter 30 to Title 17 of the Temecula Municioal Code Establishinq Non-Smokinq Units in Multi-Familv Housinq: and addinq Chaoter 36 to Title 8 of the Temecula Municioal Code Prohibitinq Smokinq in Public Places and the Workolace - at the request of Mavor Washinqton and Mavor Pro Tem Naqqar RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES 17.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING Senior Planner Papp provided a staff report, noting the following: o That second-hand smoke would be responsible for an estimated 38,000 deaths among non-smokers o That there would be detectable levels of cotinine (a metabolite of nicotine) in 88% of non-smokers o That second-hand smoke would be known to contribute to respiratory tract infection and acute chronic ear infections in young children o That second-hand smoke would be known to infiltrate common areas o That State Law prohibits smoking in indoor work areas; and that State Law would consider any activities that interfere with the enjoyment of life or property to be a nuisance o That the State empowers local jurisdictions to declare second-hand smoke a nuisance; and therefore, the City would be considering the two ordinances to deal with second- hand smoke issues o That there are many cities that have already adopted regulations regarding smoking in the work place and the public, which would include Murrieta, Calabasas, Solana Beach, Santa Monica, and San Clemente o That the City of Temecula would be the first in Riverside County and the first in California to adopt an ordinance that would regulate smoking in multi-family housing o That the City of Belmont will be considering a similar ordinance for multi-family housing R:\Minutes\042407 6 o That the Ordinance for multi-family housing would regulate smoking in for-lease or for- rent units only, not for-sale units; that it would establish smoke free buffer zones and require grouping of the units that would be designated as non-smoking; that these would apply to all new construction projects having 10 or more units; that it would require that a minimum of 25% of those units be designated as non-smoking at the time they are rented out (including: private yard areas, balconies, patios, and decks associated with the units) o That compliance would be required six months after the effective date of the Ordinance; that there would not be language in the Ordinance that would prevent a landlord from requiring that more than 25% of the units be deemed non-smoking units o That for the existing housing projects, landlords of senior housing units would have five- years to comply; that all other type of multi-family housing units would have eight years to comply; and that there would be exceptions that allow up to three, one-year extensions of time if a landlord were not able to get their units identified as non-smoking o That failure to comply within the guidelines would result in administrative citations, nuisance abatement or civil penalties under the Temecula Municipal Code o That the Ordinance regulating smoking in public places such as restaurants, theaters, employment, including indoor work areas which are already governed by the State, and outdoor areas that would be accessible to employees or the public, including covered patios, stair rails, and hall\NaYs, and any areas outside that would be adjacent to enclosed areas having common ventilation o That the Ordinance would also cover unenclosed places such as public parks and playgrounds, \Naiting areas, places of employment including outdoor work areas, dining and \Naiting areas for restaurants, and service areas or transit depots o That exceptions would apply for businesses that deal in smoking tobacco products, paraphernalia, and theatrical productions where smoking would be an integral part of the production o That smoking would be permitted on private residential property and up to 25% of motel and guest rooms that are designated as smoking units o That the State of California identifies reasonable space as 25 feet; that within 25 feet of any entrance opening, vent, or crack into an enclosed area smoking would be prohibited and also within 25 feet of any unenclosed area o That the effective date for the Ordinances would be 30 days after the adoption by City Council and that failure to comply with the Ordinances would result in administrative citations, nuisances abatement or civil penalties o That at the February 27, 2007, Planning Commission meeting, the Planning Commission considered the Ordinances and unanimously agreed with the intent of the Ordinances; however, there \NaS concern with enforcement, reasonable distance requirement, and the definition of smoking o That with regard to enforcement, staff, and the City Attorney explained that the intent of enforcement would be educate the public about which areas of smoking would be acceptable and which areas would not be acceptable o That the Police Department, Code Enforcement, and Park Rangers would enforce the Ordinance based on responding to complaints o That the City accepted the State's requirement with regard to reasonable distance (25') o That the intent of the Ordinances would be to deal with smoking, not chewing tobacco R:\Minutes\042407 7 o That the City Council Subcommittee met with staff and City Attorney and made minor changes to the Ordinances such as: shopping centers were added to the definition of public place; a new definition \NaS added for public plaza areas; public plazas were added into unenclosed places where smoking is prohibited; that smoking would be permitted in areas such as outdoor bar areas; that there were no revisions to Chapter 17.30 which would be the multi-family housing o That the Ordinances would be exempt from review under the California Environmental Quality Act (CEQA) o That the Planning Commission unanimously recommended that the City Council adopt both Ordinances. Having received a letter from the City Attorney's Office with regard to the intent of the Ordinances, Mayor Washington stated that smoking will be allowed in numerous places under the new Ordinances, relaying the following: 1. That smoking will be allowed in all private residential property exceot for the 25% of the rental units and multi-familv buildinqs that must be desiqnated non-smokinq; that smoking will be allowed in all single-family homes, all condominiums, and a large majority of lease residential units 2. That smoking will be allowed in certain commercial establishments including cigar and tobacco shops and the outdoor dining areas of restaurants and bars that must exclude minors, pursuant to State Law 3. That smoking will be allowed in all outdoor locations public or private that would not be places of employment, parks, \Naiting areas, or public plazas; and that smoking will be allowed on side\Nalks, parking lots, and in private vehicles. Council Member Comerchero relayed that he would be in full support of the intent of the Ordinances but did request clarification on the definition of "premises". In responses to Council Member Comerchero, Senior Planner Papp relayed the following: o That under the proposed Ordinance a landlord of the property will be required to submit a floor plan to the City showing which of the units would be designated as non-smoking within five years or apply for an extension of time o That there would be no language in the proposed Ordinances that would require a landlord to approach the City prior to the five-year deadline. Council Member Comerchero relayed his concern with expecting a landlord to submit a plan after 5 or 8 years and immediately requesting the landlord to comply; therefore, suggested that the landlord by given an opportunity to rent vacated units as non-smoking units become available. Council Member Comerchero queried on the following: o If there has been discussion regarding condo conversions o Have economic impacts been studied on apartment owners or businesses that would be affected with the proposed Ordinances. Senior Planner Papp advised that after a discussion with two different property owners, it \NaS mentioned by one property owner that it would be an economic benefit for property owners because of the cost involved with having to maintain a smoking unit. R:\Minutes\042407 8 Offering more information, City Attorney Thorson noted that only 25% of the units would be designated non-smoking; that 75% of the City's population do not smoke and coupled with the five-year implementation period, it would be enough time to determine if there were going to be any unforeseen economic impacts that would arise; and advised that no study \NaS performed but it would be his opinion and staff; that there would be potential economic factors. Council Member Comerchero queried on the possibility of amending the Ordinance to prohibit a differential between smoking and non-smoking units. For Council Member Comerchero, City Attorney Thorson noted that he will amend the Ordinance, prohibiting a differential between smoking and non-smoking units. Mayor Washington stated that it would be his opinion that the market will drive smoking and non-smoking units; relayed that the intent would be to craft an Ordinance that would create a small section of apartment units that would provide an opportunity to protect health and safety. City Attorney Thorson noted that if the Council were desirous of amending the Ordinance to prohibit a differential between smoking and non-smoking units, more research would need to be made as well as findings to make necessary to invoke the City's police power to impose that type of restriction. In response to Council Member Comerchero's query with regard to bufferslcommon \Nalls, Senior Planner Papp relayed the following: o That buffers and common \Nalls were discussed at a Planning Commission meeting; that it \NaS suggested that an entire building be designated non-smoking, but that it could potentially cause the complex to exceed the 25% minimum and that a landlord may not \Nant to exceed the 25% minimum o That in accordance with the proposed Ordinance, non-smokers would be grouped either horizontally andlor vertically to minimize the impacts to adjacent units o That although it may not be 100% feasible to remove the second-hand smoke from encroaching onto adjacent units. Council Member Comerchero thanked Mr. Papp for his comments. For Council Member Ed\Nards, Mr. Papp relayed that in accordance with the Ordinance, if there were an outdoor area (bar) where one would need to be 21 years of age to enter, smoking would be permitted in that area, demarcated by tables, bar area, railing, or some other buffer that would indicate For Smoking Only. Adding more information, City Attorney Thorson relayed that separation would be required by the Alcohol Beverage Control (ABC); that there would be well-defined \NaYs to separate where adults are allowed and children would not be allowed, requiring some type of \Nail or physical barrier between the two. Senior Planner Papp noted that the six-month period will allow staff to distribute the Ordinance to property owners, restaurant owners, and other business owners to have an opportunity to read and understand the Ordinance, advising that staff would be available to help and answer questions. R:\Minutes\042407 9 City Attorney Thorson recommended that multiple workshops be scheduled to answer questions for the public. In response to Council Member Ed\Nards, Senior Planner Papp stated that the Police Department, Code Enforcement, and Park Rangers would have jurisdiction. Council Member Roberts relayed that after reading the proposed Ordinances several times, it would be his opinion that the language would need to be solidified and written in a more concise manner, making it easier to read and understand; relayed that violations of misdemeanors and infractions would be similar; and queried how the citing officer will differentiate infraction from misdemeanor. For Council Member Roberts, City Attorney Thorson relayed the following: o That infractions and misdemeanors would be different o That misdemeanors would have a much more severe criminal penalty o That the decision as to whether it would be a misdemeanor or an infraction would depend on the facts of the case and whether the arresting officer could make a case that the person intimidated or harassed and met that burden o That if a business were encouraging patrons to smoke they would be cited with an infraction. Council Member Roberts relayed that it would be his opinion that being cited should be based on a sliding scale and that the first offense should receive an infraction and any more than that should result in a misdemeanor. Referencing fines, City Attorney Thorson advised that criminal infractions would be set by the court; that civil and administrative citations would have a maximum penalty, this would be the sliding scale; that the Ordinance has been set up to encompass the maximum type of enforcement needed; that the section pertaining to misdemeanor and infraction would be left to the discretion of the citing officer to review at the time of the violation; relayed that the Code would have a provision that would allow civil and administrative penalties up to $2,500 per day; that criminal infractions would be $50, $100 for the second offense, and $150 for the third; that a maximum fine for a misdemeanor would be $1,000 and a maximum of six months in jail; and that the City would have existing Ordinances for the administrative citations in the civil penalties as well as for misdemeanors. At this time, the public hearing \NaS opened. A. Ms. Donna Newton, representing In the Zone Tobacco-Free Project, congratulated and thanked the City Council for moving ahead with such a visionary issue at a City level; and relayed her experience with apartment managers expressing willingness to turn some of their complexes into non-smoking units. B. Mr. Robert Oder, Temecula, relayed that although he would support the intent of the City Council with regard to health and well being, he expressed his concern with the proposed Ordinance creating no-end to potential litigation for landlords; that the Ordinance would need more revision before adoption; relaying that condominiums should be included; and that the Ordinance should apply to all multi-family housing and single-family housing. R:\Minutes\042407 10 In response to Council Member Comerchero's question, Mr. Oder noted that of his 30 years of apartment rental experience, he has only had a dozen renters stay in their apartments over an eight-year period. C. Ms. Monica Oder, Temecula, expressed her appreciation for the intent of the proposed Ordinance; relayed that from a business perspective, she would be of the opinion that several issues have not been adequately addressed; noted that there will be an economic impact with the proposed Ordinance; requested that single-family homes and condominiums be applied; and relayed her concern with litigation issues arising from the Ordinances if adopted. City Attorney Thorson advised that from a legal standpoint, extensive research has been placed on the proposed Ordinance; relayed that he would not be concerned with potential litigation; that there has not been any litigation that has established a smoker's right to smoke in a particular environment; and reiterated that he would not have any concerns with regard to litigation. At this time, the public hearing \NaS closed. In response to Council Member Roberts' request, City Attorney Thorson referenced the following: Page 6, Section 17.30.090 Enforcement subparagraph B; that the language: Violation of this subsection shall constitute a misdemeanor, be deleted; that subparagraph C, causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute an infraction - be reolaced by the language prohibited; that an infraction, misdemeanor, or civil penalties would be established in the Temecula Municipal Code. Council Member Roberts thanked City Attorney Thorson for requesting the changes to the Ordinances and relayed his full support. Speaking in favor of the two proposed Ordinances, Mayor Pro Tem Naggar noted that the Ordinances would be enforceable and would create less of a burden on property owners as well as tenants; stated that it would be his opinion that that the Ordinance will police itself; and advised that he would be in favor of approving the two Ordinances as written subject to the requested changes by Council Member Roberts. Although he would be in support of the intent of the proposed Ordinances, Council Member Comerchero suggested the following: o Stronger language requiring the imposition, where possible and feasible of an entire building being designated as smoke-free building, and stated that such imposition be a mandate rule for new construction o That an apartment owner has one year from the effective date of the Ordinance to submit a plan o That if the 5 and 8 year time frame were adopted, he would recommend adding a provision imposing that if there \NaS a non-smoker or smoker within the grid that they remain until the unit turns; or eliminate the 5 and 8 time frame and impose that when units turn over they must become non-smoking. R:\Minutes\042407 11 City Attorney Thorson relayed that the language in the Ordinance states that non-smoking units must be grouped together e.g. horizontally andlor vertically and physically separated from smoking units to the maximum extent of practical; and stated that the language could be revised to impose Council Member Comerchero's request. Council Member Comerchero applauded the subcommittee and staff for it3lfforts with regard to the proposed Ordinance. Relaying her support of the proposed Ordinances, Council Member Ed\Nards concurred with the requested changes per Council Member Comerchero. Relaying the history behind proposing the Ordinances, Mayor Washington reviewed that the proposal would not be about desiring to be the first City to implement such an Ordinance, but rather it would be the Council's intent to provide a better quality of life for all its residents; that he would be of the opinion that the Ordinance will be self policing; and stated that he would fully endorse changes made by Mayor Pro Tem Naggar, Council Member Comerchero, and Council Member Roberts. City Attorney Thorson relayed the following changes to the two proposed ordinances: o That Section17.30.050 would require that 25% of non-smoking units be grouped in a building o That Section 17.30.060 would require that a plan be submitted within one year of the adoption of the Ordinances; and that the 5 to 8 year period be deleted, but to allow tenants renting a smoking unitto remain until they chose to leave the unit o That Section 17.30.090 Band C to eliminate the distinction between misdemeanors and infractions. At this time, City Attorney Thorson introduced and read by only Ordinance No. 07-04. MOTION: Council Member Comerchero moved to approve Ordinance No. 07-04 subject to the detailed changes as stated above by City Attorney Thorson. Council Member Ed\Nards seconded the motion and electronic vote reflected unanimous aooroval. City Attorney Thorson advised that the revised changes to the Ordinance will be fOrlNarded to the City Council for review and consideration at the next City Council meeting. At this time, City Attorney Thorson introduced and read by Ordinance No. 07-05. MOTION: Council Member moved to approve Ordinance No. 07-05 subject to the detailed changes as stated by City Attorney Thorson. Council Member Roberts seconded the motion and electronic vote reflected unanimous aooroval. With respect to Ordinance Nos. 07-04 and 07-05, City Attorney Thorson reiterated that staff and the City Attorney's office will continue to provide guidance to the business community as to benefits of the approved Ordinances, and advised that staff would be sensitive to all comments voiced by the public. R:\Minutes\042407 12 18 Adiustment of the Transoortation Uniform Mitiqation Fee (TUMF) RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 07 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA Director of Public Works Hughes provided a brief staff report (of written record). City Attorney Thorson advised that a revised resolution \NaS placed on the dais for the City Council to review. At this time, the public hearing \NaS opened and due to no speakers, it \NaS closed. MOTION: Council Member Roberts moved to approve Item No. 18.1. Council Member Ed\Nards seconded the motion and electronic vote reflected unanimous aooroval. COUNCIL BUSINESS 19 Amendment of the Temecula Municipal Code to Imolement Chanqes in State Law Concerninq Biddinq for Public Works Proiects RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.32.010 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS Director of Public Works Hughes provided a staff report (of record). At this time, the public hearing \NaS opened and due to no speakers, it \NaS closed. At this time, City Attorney Thorson introduced and read by only Ordinance No. 07-06. MOTION: Council Member Comerchero moved to approve staff recommendation. Council Member Ed\Nards seconded the motion and electronic vote reflected unanimous aooroval. R:\Minutes\042407 13 20 Reqional Medical Facilitv Studv - at the request of Mavor Pro Tem Naqqar RECOMMENDATION: 20.1 Appoint Mayor Pro Tem Naggar to serve on this regional task force; 20.2 Authorize the City Manager to contact the County and the Cities in Southwest California to invite them to participate in the task force. Deputy City Manager Yates provided a staff report (of written record). Relaying the history of the proposed Regional Medical Facility Study, Mayor Pro Tem Naggar advised that Temecula region would be the 3'd to 5th fastest growing region in the Nation; and reiterated the importance of providing a hospital for the community to support the growing demand of residents. At this time, the public hearing \NaS opened. Mr. Bruce Barton, representing Riverside County Emergency Medical Services Agency, relayed the Agency's support to a Regional Medical Facility Study. At this time, the public hearing \NaS closed. MOTION: Council Member Comerchero moved to approve staff recommendation. Mayor Washington seconded the motion and electronic vote reflected unanimous aooroval. Mayor Washington advised that he, along with Mayor Pro Tem Naggar, will be hosting a Town Hall meeting at City Hall Council Chambers on Thursday, May 3, 2007, at 7:00 p.m.; advising that the following Town Hall meetings will be held on Thursday, August 9, 2007 at the Temecula Public Library, and Thursday, November 8, 2007, at the Harveston Club House; and advised that more information could be found on the City's website. DEPARTMENTAL REPORTS 21 Citv Council TravellConference Reoort - March 2007 22 Planninq Deoartment Monthlv Reoort 23 Police Deoartment Monthlv Reoort 24 Public Works Deoartment Monthlv Reoort CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there \NaS no formal action to report under the Brown Act. R:\Minutes\042407 14 ADJOURNMENT At 9:05 p.m., the City Council meeting formally adjourned to Tuesday, May 8, 2007, at 5:30 p.m., for a Closed Session with the regular session commencing at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk R:\Minutes\042407 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 8,2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, May 8, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Ed\Nards, Naggar, Roberts and Mayor Washington. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music \NaS provided by Sienna Naggar. INVOCATION The invocation \NaS given by Associate Pastor Jay Cartwright of True Vine Pentecostal Church. PLEDGE OF ALLEGIANCE AND FLAG CEREMONY The pledge of allegiance \NaS presented by Boy Scout Troop No. 148. PRESENTA TIONSIPROCLAMA TIONS Certificate of Achievement oresented to Soencer Lee for attaininq the rank of Eaqle Scout Presenting a Certificate of Achievement, Mayor Washington commended Spencer Lee for attaining the rank of Eagle Scout. Spencer Lee thanked the City Council for its recognition. Mental Health Month Proclamation Advising that the Riverside County Board of Supervisors has made a commitment to community- based mental health care for all residents, Mayor Washington proclaimed the month of May, 2007, to be Mental Health Month in Riverside County. Accepting on behalf of the County of Mental Health, Board Member Milliken thanked the City Council for its recognition. National Public Works Week Proclamation Recognizing the contributions which public works officials make every day to our health, safety, comfort, and quality of life, Mayor Washington proclaimed May 20 through May 26, 2007, National Public Works Week. R:\Minutes\050B07 Director of Public Works Hughes accepted the proclamation on behalf of the Public Works Department and thanked the City Council for its recognition. PUBLIC COMMENTS A. Representing Rancho California Water District, Metropolitan Water District, and Eastern Municipal Water District, Ms. Liselle DeGrave invited the City Council to attend its Metropolitan Solar Cup Event to be held May 18 and 19, 2007, at Lake Skinner from 9:00 a.m. 5:00 p.m. B. Participants of the Chaparral High School Solar Cup Challenge Team thanked the City Council, Rancho California Water District, Metropolitan Water District, and Eastern Municipal Water District for its ongoing support of the program. AT THIS TIME. CONSENT CALENDAR ITEM NOS. 12 AND 13 WERE CONSIDERED OUT OF ORDER 12,second Readinq of Ordinance No. 07-04 RECOMMENDATION: 12.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES 13 Second Readinq of Ordinance No. 07-05 RECOMMENDATION: 13.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING Referencing Ordinance No. 07-04 and 07-05, Mr. Jacob Miller spoke in opposition and stated that the facts presented at a previous City Council meeting would be a fabrication by the manipulation of the data. Mr. Miller, Temecula, expressed his opposition to Consent Calendar Item Nos. 12 and 13. R:\Minutes\050B07 2 Ms. Susan York, representing the Apartment Association of Greater Inland Empire, respectfully requested that the multi-family smoking ordinance be continued, noting that the association would request an opportunity to discuss successful programs that have been instituted with non- smoking coalitions. Representing the Apartment Association of Greater Inland Empire, Ms. Karen Kricke, also requested that the smoking ordinance regarding multi-families be continued, advising that the mandate to set aside 25% of rental units for non-smokers would be unreasonable and would be impossible to enforce. COUNCIL DISCUSSION In response to the comments made with regard to Item Nos. 12 and 13, Council Member Roberts stated that the item had been previously discussed by the City Council and that he would not be supportive at this time to reopen the matter for discussion. Echoing Council Member Roberts' comment, Council Member Comerchero thanked the speakers for their comments and welcomed any ideas on how to help enforce the ordinances. Advising that the City would not be eliminating the right to smoke, but rather would be segregating the non-smokers from second-hand smoke, Mayor Pro Tem Naggar noted that it would be his opinion that the ordinance would police itself; and relayed that this matter has been in discussion by the Planning Commission and City Council for the past few months. Council Member Ed\Nards advised that the intent of these ordinances would be to provide safety for those who not desirous of being exposed to second-hand smoke. ForMs. Fricke, Mayor Washington stated that the Council would be more than amenable to listen to her thoughts and ideas regarding this issue. MOTION: Council Member Comerchero moved to approve Item No. 12 and 13. Council Member Roberts seconded the motion and electronic vote reflected unanimous aooroval. CITY COUNCIL REPORTS A. Mayor Pro Tem Naggar advised that he, along with Mayor Washington and the Steering Committee, conducted a joint meeting regarding the Youth Master Plan; relayed that the Committee spent over two hours with 30 to 35 people in attendance scoping the process for the Youth Master Plan; and advised that the next meeting will be at Margarita Middle School and invited the residents to participate. Mayor Pro Tem Naggar also informed that the Community Action Patrol (CAP) would be recruiting new volunteers to join the team. B. Council Member Roberts stated that he had an opportunity to attend a Riverside County Transportation Committee Commission meeting; advised that a Bill \NaS passed that would help with the new Perris Valley Branch line (Metro Link line); noted that the Federal Transportation Committee would be interested in trying a new concept to design and build the Metro Link but noted that more information with regard to the new concept will be determined in the following year. R:\Minutes\050B07 3 Council Member Roberts also noted that he will be attending the National League of Cites Transportation Steering Committee in Bloomington, Minnesota, and advised that this committee will be creating policies for all cities in the United States. C. Referencing Economic Development, Mayor Washington requested that City Manager Nelson direct staff to draft a report formulating a framework that would allow staff an opportunity to review both business retention and business attraction efforts. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to \Naive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 1 0, 2007. 3 Resolution aoorovinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Reoort as of March 31. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2007 5 A~oointment to the San Dieqo State Universitv Visitor's Center Ad Hoc Sub-Committee - at the request of Council Member Roberts RECOMMENDATION: 5.1 Appoint City Council Member Roberts to the San Diego State University (SDSU) Visitor's Center Ad Hoc Subcommittee as well as the appointment of Mayor Pro Tem Naggar to the SDSU Visitor's Center Ad Hoc Subcommittee. R:\Minutes\050B07 4 6 Transoortation Uniform Mitiqation Fee (TUMF) Reimbursement Ameement RECOMMENDATION: 6.1 Approve the Agreement in the amount $4,078,000 for the Funding of TUMF Zone Arterial Network Improvements between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the Winchester Road/l-15 Interchange Improvement Project; 6.2 Authorize the City Manager to execute the agreement. 7 Contract for Bridqe Fencinq Architectural Enhancements on the Southerlv Side of the Overland Bridqe over Interstate 15 - Proiect No. PW05-09 RECOMMENDATION: 7.1 A\Nard a contract to Howe Welding & Fabrication to furnish & install architectural enhancements on the bridge fence on the southerly side of the Overland Drive Overcrossing, Project No. PW05- 09, in the amount of $168,281.80; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $16,828.18, which is equal to 10% of the contract amount; 7.3 Approve an appropriation of Development Impact Fees - Public Art in the amount of $155,500 to cover the administrative and furnish & installation costs for this project. 8 A\Nard the Construction Contract for the Slurrv Seal Proiect FY2006-20070 - Meadowview area - Proiect No. PW07-03 RECOMMENDATION: 8.1 A\Nard a construction contract for the Slurry Seal Project FY 2006-2007, Meadowview Area, Project No. PW07-03, to American Asphalt South, Inc. for the base bid amount of $842,570.00 plus the additive bid amount of $88,400.00 for a total contract amount of $930,970.00 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $93,097.00, which is equal to 10% of the contract amount. (Mayor Washington and Council Member Roberts abstained for this item.) 9 A~oroval of the Plans and Soecifications and Authorization to Solicit Construction Bids for the Citvwide Concrete Reoairs Phase II - FY2006-07 - Proiect No. PW07-06 RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs Phase II - FY 2006-07 - Project No. PW07-06. R:\Minutes\050B07 5 10 Temecula Public Librarv Technoloqv Maintenance Ameement RECOMMENDATION: 10.1 Authorize the purchase of a four year maintenance support agreement for the Vernon Library Systems book return sorter, security gates, self check stations, staff stations, and inventory \Nand for an annual amount of $18,384 and a four year total amount of $73,536. 11 Second Readinq of Ordinance No. 07-03 RECOMMENDATION: 11.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO- 11) AND ADOPTING SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON CONDOMINIUM LOTS ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060-006) CONSENT CALENDAR ITEM NOS. 12 AND 13 WERE PREVIOUSLY ADDRESSED ON PAGES 2 AND 3. 12,second Readinq of Ordinance No. 07-04 RECOMMENDATION: 12.2 Adopt an Ordinance entitled: ORDINANCE NO. 07-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES R:\Minutes\050B07 6 13 Second Readinq of Ordinance No. 07-05 RECOMMENDATION: 13.2 Adopt an Ordinance entitled: ORDINANCE NO. 07-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING 14 Second Readinq of Ordinance No. 07-06 RECOMMENDATION: 14.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.32.010 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS MOTION: Council Member Comerchero moved to approve Consent Calendar Item Nos. 1-11 and 14 (12 and 13 were previously discussed; see pages 2 and 3). Council Member Ed\Nards seconded the motion and electronic vote reflected approval with the exceotion of Mayor Whington and Council Member Roberts who abstained from Item NO.8. At 7:44 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:47 p.m., the City Council resumed with regular business. CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there \NaS no formal action to report under the Brown Act. R:\Minutes\050B07 7 ADJOURNMENT At 7:47 p.m., the City Council meeting formally adjourned to Tuesday, May 22, 2007, at 5:30 p.m., for a Closed Session with the regular session commencing at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk R:\Minutes\050B07 8 MINUTES OF A BUDGET WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL MAY 16,2007 The City Council convened in a budget workshop meeting at 10:00 AM., on Thursday, May 16, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. There were no Closed Session items. Present: Council Members: Comerchero, Ed\Nards, Naggar, Washington, Roberts Absent: Council Member: None FLAG SALUTE;, The flag ceremony \NaS presented by Council Member Comerchero. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS No comments. COUNCIL BUSINESS 1 Review of the proposed FY 2007-08 Preliminarv Ooeratinq Budqet RECOMMENDATION: 1.1 Review and discuss the Proposed FY 2007-08 Preliminary Operating Budget, and provide direction to staff as appropriate. By \NaY of PowerPoint presentation, City Manager Nelson reviewed the proposed Operating Budget, highlighting main components such as the following: D Total Projected Proposed Revenues $65,664,620 o 1.2% Increase D Total Proposed Expenditures $62,501,885 o 1.1 % Increase D Fund Balance Designated for Economic Uncertainty o Increase Undesignated Reserve Fund to $12.5 million which equates to 20% of the General Fund Expenditure Budget D Public Safety o $2.87 million increase o Ten additional sworn officers for a total of 111 sworn officers, exceeding the City's one officer per every 1,000 residents at (1 :882) o Three additional Community Service Officers - higher level of visual police presence o Temecula Citizens Corps (TCC) Program o Citizens Action Patrol (CAP) Program o Wolf Creek Fire Station will be opened August, 2007 RIMinutesl051607 o 4.0 staffing level on all City Fire engine teams will continue being funded D Revenue Excess Sharing in Temecula (REST) o Contribution will increase to $8 million D City's contribution to supplement the Measure C Special Tax D Additional Budget Highlights o One new Authorized Human ServiceslTeen Manager o Conversion of one fulltime Park Ranger oRe-classified five positions o Temecula Outreach Program - Town Hall meetings, Television Broadcasts, and Newsletters o Commit $1 ,327,364 for Capital Improvement Projects (CIP) D Five-Year General Fund Project o Projecting revenues will balance with City's expenditures in five-years City Manager Nelson thanked the Departments for their team effort and efficiency of completing these budget documents. In response to Council Member Comerchero, City Manager Nelson relayed that ever year staff has been able to improve the level of analysis for the five-year General Fund Projection; that revenues are projected conservatively; that based upon revenues, staff identifies what department needs would be for the next five-years; that if revenues come in higher than expected, staff would have the ability to adjust accordingly on the expenditure side; and stated that staff's goal would be look out 60 months ahead. Offering more information, Director of Finance Roberts stated that staff does conservative budgeting as the years go out, noting that there would be less information as it would pertain to sales tax and potential hotels; and that more information would be available as the year approaches. Director of Finance Roberts also advised that due to the slow down of incoming fees, staff had to reduce the revenues for user fees mid year and will keep them constant for the following year; advising that staff's intent would be to fund the vacancies in the budget in the following year. For Council Member Comerchero, Director of Finance Roberts advised that staff would not have an analysis with revenues with regard to the addition of room rates that were added to hotels. Referencing increased Transient Occupancy Tax (TOT), Mayor Washington relayed that it would be appropriate that the City share a percentage with the Convention of Visitor's Bureau for its portion of increased tax. Appreciating staff for their conservative approach with regard to the five-year General Fund Projection, Mayor Pro Tem Naggar commended staff for their efforts and noted that his intent would be to maintain a conservative approach. City Manager Nelson advised that every operation and maintenance impact for the Capital Improvement Program (CIP) over the next five-years would be incorporated within the five-year projection plan; noting that this has been the process for several years. Mr. Nelson also relayed that there would be outstanding projects in the Capital Improvement Program including the ice- rink feasibility study. Director of Finance Roberts noted that staff is working on accruing the highest rate possible on all reserve accounts. RIMinutesl051607 2 Explaining the Revenue Excess Sharing in Temecula (REST) Program, Council Member Ed\Nards thanked the City Council for making it a priority. For Council Member Roberts, City Manager Nelson relayed that the Indian Gaming monies will fund officers for the area adjacent to Pechanga; and that as far as the extension of hours for the library, it \NaS noted that this item has been included in the budget. Mayor Washington stated that it would be appropriate to expand the hours of the library on Sunday and Saturdays by three hours. Relaying the importance of Economic Development, Mayor Washington advised that Temecula businesses should be part of the Temecula Outreach effort; suggested that a strategic plan effort to target Business Retention and Business Attraction be reevaluated; noted that it would be his opinion, as well as Council Member Roberts' opinion, that staff bring Business Retention and Business Attraction efforts in-house; and that combined efforts with The Chamber of Commerce and the Convention of Visitors Bureau would benefit Temecula Valley as a whole. Echoing comments made by Mayor Washington, Council Member Roberts stated that he has noticed a decline with Business Attraction and Business Retention efforts; noting that it would be his opinion that having an in-house effort would benefit the City more than what is currently proposed. Mr. Roberts also relayed the importance of the City's business community knowing that the City stands behind them and advised that he would be available to help in any \NaY. Mayor Washington queried if it would be in the City's best interest to allocate the $60,000 intended for Southwest Economic Alliance to an in-house effort. Referencing Southwest California Economic Alliance, Assistant City Manger Adams advised that the Alliance would fall under the umbrella of the Economic Development Corporation (EDC) of Southwest California; that if the City were to withdraw from the Alliance, the City would also be withdrawing from the EDC, advising that they are one entity; and that if the Alliance were to incorporate by the end of the fiscal year, it would not longer be part of the EDC. In response to Council Member Ed\Nards' question, Mayor Washington noted that it would be necessary to budget for an in-house person to fill the position if it were the desire of the Council to move for\Nard with an in-house effort with regard to Business Retention and Business Attraction. At this time, City Manager Nelson advised that currently $20,000 is set aside in the budget to create an economic strategic plan with regard to Business Retention and Business Attraction; that if it were the desire of the Council, a proposal could be fOrlNarded to the City Council as to how an in-house effort program would be brought in-house with regard to staffing; and advised that currently $66,250 would be allocated to the Alliance and EDC. Because the largest employers are a part of the Economic Development Corporation (EDC), Council Member Ed\Nards proposed that the City, at the minimum, remain as a member of the EDC. Assistant City Manager Adams relayed that electives that attend EDC Board meetings would not have the ability to retain a vote. RIMinutesl051607 3 Echoing comments made by Council Member Ed\Nards, Council Member Comerchero concurred that withdrawing completely from the EDC would send a negative message to the business community, but noted that he would be in favor of the City being a dues paying member; agreed that an in-house retention effort could be better assessed in-house, but did express concern with losing the talents of Executive Board Member Field with regard to Business Attraction; and noted that more discussion with this regard would need to be made. Understanding the concern of Council Member Comerchero, Mayor Washington noted that it would be his opinion that due to Southwest California Economic Alliance's responsibility to Temecula, Murrieta, Lake Elsinore, and Riverside County, it has been restrained in its efforts to focus specifically on Temecula's needs. For the following year's budget, Council Member Comerchero requested that summary details for revenue and expenditures reflect the percentage change from year to year - line item by line item. Referencing the EDC meetings, Mayor Pro Tem Naggar noted that staff should al\NaYs attend its meetings, but that if there would be no benefit to having a partnership that there would be no reason to insert City funds; and agreed that dues should be paid to remain a member. Mr. Naggar also noted that he would agree with Mayor Washington that Temecula Outreach should be to the City's current businesses and relayed his full support in bringing Business Retention and Business Attraction efforts in-house. Relaying his support of providing an in-house representative to work for the City, Council Member Roberts expressed concern with completely withdrawing from the Alliance and preferred retaining the Alliance membership for another year. Concurring with Council Member Roberts, Council Member Ed\Nards would be of the opinion that maintaining the Alliance membership for one more year would allow staff an opportunity to recruit an individual to fill the position, but reiterated her desire to be a dues paying member with the Economic Development Corporation. To gain a full understanding as to whether or not the Alliance will continue to be viable, Mayor Pro Tem Naggar suggested that the Council not allocate the $60,000, but rather retain it as a place holder and discuss with Executive Board Member Field as to what the future of the Alliance will hold in the next year; that if the Alliance were to continue to be viable, the City could fund it for the fiscal year; that at this time next year, a strategic plan be available for Council to implement and allocate a position for an in-house representative; that if it were not going to be viable, the $60,000 should not be funded for this fiscal year. Referencing the Economic Development Corporation (EDC), Mr. Naggar noted that he would be willing to attend meetings, but would not be desirous of continuing a partnership with the Economic Development Corporation. Advising that the Alliance has been in existence for the last 7 to 8 years, Assistant City Manager Adams advised that there has been a transition in Directors over the course of 8 years. Not knowing what the ramifications would be by completely withdrawing from the Economic Development Corporation (EDC), Council Member Comerchero would be in full support of Mayor Pro Tem Naggar's comments; and noted that it would be his opinion that if the City were to decide to no longer be a partner and fund the EDC, it would be important to be a dues paying member, as stated by Council Member Ed\Nards. RIMinutesl051607 4 Council Member Comerchero relayed the importance of the business community knowing that the City would be in full support of its businesses; that although he would be in support of bringing the position in-house, it would be important to continue working with other Cities. City Manager Nelson suggested that $30,000 be provided to the Alliance, (leaving the remaining $30,000 in the budget); that staff proceed with the economic study returning to the Council for direction, noting that this will allow an opportunity to determine whether or not the City would bring the position in-house or not; and that this will allow Council an opportunity to discuss minimum membership opportunities with the EDC. In response to City Manger Nelson's suggestion, Mayor Pro Tem Naggar noted that he would not be desirous of funding the Alliance if it were not going to remain viable; suggested that before funding any monies, he would suggest discussing the viability of the Alliance with Executive Board Member Fields; reiterating that he would be supportive of the Alliance if they were to remain viable, if not, he would not be in support of funding the Alliance. Assistant City Manager Adams advised that a formal strategic plan has not been assessed since 1997 to 1999; advising that a new strategic plan would focus on Business Attraction, Business Retention, Workforce Development, and the Airport. At this time, Mayor Washington provided background information as to the inception of the Alliance. For the Council, Assistant City Manager Adams noted that he is not a\Nare that the City of Murrieta officially withdrew from the Alliance. Council Member Ed\Nards reiterated that it would be important to maintain a presence in the EDC as a member in order to maintain a relationship with the City's largest employers, and would be supportive of bringing the Alliance efforts in-house. While supporting the consensus of the Council, Mayor Washington relayed that it would be his opinion that Business Retention and Business Attraction would be better served in-house. Although Mayor Pro Tem Naggar noted that he would not be desirous of maintaining a relationship with the EDC, he would be agreeable with the City Council's decision to maintain a relationship with the EDC but requested monitoring of its progress. Showing Temecula businesses that the City would be in full support of its businesses, Council Member Comerchero relayed that at a minimum, the City continue as a dues paying member of the EDC. Wittthe consensus of the Council ,City Manager Nelson will implement the following: o That staff check with the Alliance to ensure its viability o That membership with the EDC be maintained (regular membership) o Proceed with the economic strategic study and return to City Council in 90 days for further direction. The City Council concurred with City Manager Nelson's implementation. Communitv Services District D Total Proposed Revenues D Total Proposed Expenditures $21,653,533 $22,058,176 RIMinutesl051607 5 D RESTISpecial Tax - Rate per Household D Park & Recreation Facility Increases o Patricia H. Birdsall Sports Park - full year operations o Temecula Public Library - full year operations o Roripaugh Ranch Open Space and Trails o Wolf Creek Park - 6 acre Neighborhood Park - September 2007 D Park & Recreation Programs o Summer Months Activities and Recreation in Temecula S.M.A.R.T o Free Skateboarding and Swimming o Moonlight Movies in the Park o Temecula Fitness in Temecula (FIT) Program o Cultural Arts Program o Park Ranger program - 2 Rangers. For Director of Community Services Parker, Mayor Washington requested that staff explore the possibility of implementing a Balloon Glow in the City's parks for future summer events. In response to Mayor Washington's request, Director of Community Services Parker noted that his request has been incorporated into the budget. The City Council thanked Mr. Parker and staff for their efforts with regard to the budget. Temecula Redevelooment Aqencv D Total Proposed Revenues D Total Proposed Expenditures o Facade Improvements ($80,000) o Debt Service Increase of $1.2 M due to issuance of 2006 RDA Tax Allocation Bonds o Old Town Specific Plan Implementation ($200,000). $16,192,529 $13,657,287 In response to Mayor Pro Tem Naggar's query, Director of Redevelopment Meyer noted that the City would be meeting its affordable housing requirements. Mayor Pro Tem Naggar requested that over the next fiscal year staff provide a report on exploring redevelopment opportunities for the Jefferson Avenue Corridor. Referencing Mayor Washington's question with regard to the property at the north end of Diaz Road (former education complex), City Manager Nelson advised that 100% of the proceeds will be reinvested into the 20% affordable housing budget. City Manager Nelson also advised that in the near future, staff will be for\Narding an item to the City Council requesting authorization to proceed with a request for information proposal on the former education center property. 2 Review of the proposed FY 2008-12 Caoitallmorovement Promam RECOMMENDATION: 2.1 Review and discuss the proposed FY 2008-12 Capital Improvement Program (CIP), and provide direction to staff as appropriate. By \NaY of PowerPoint presentation, City Manager Nelson reviewed the proposed 2008-12 CIP Budget, noting the following: D 80 project s = $407,194,323 RIMinutesl051607 6 o Approximately $399,279,197 million are funded for traffic circulation improvement project o French Valley Interchange o Interim Southbound Off ramp o Auxiliary Lane o Santa Gertrudis Creek Bridge Widening o 1-15/79 South Ultimate Interchange o Pechanga ParklNay Improvements - Phase II o Rancho California Road Widening, Old Town Front Street Interstate 15 o Diaz Road Alignment o Other Notable Circulation Projects . Pavement Management Program . Main Street Bridge . Overland Drive Extension . Winchester Road Median Beautification Project D Public Facilities Projects o Fire Stations - Wolf Creek and Roripaugh o Maintenance Facility ExpansionlField Operations Center o Civic Center Phase II D Parks & Recreation o Redhawk Community Park Improvements o Temecula Community Center (TCC) Expansion o Margarita Dog Park o Roller Hockey Rink D Redevelopment Agency o Old Town Infrastructure Street Improvements o Old Town Mixed-Use (Dalton II & III) o Habitat For Humanity II o Old Town Sixth Street Bollards. City Manager Nelson also advised that the proposed CIP will be reviewed by the Planning Commission, Public Traffic Safety Commission, and Community Services Commission. Speaking on behalf of the Wolf Valley and Rainbow Canyon Homeowners Association, Mayor Pro Tem Naggar queried on the possibility of expediting the construction of the bridge over Temecula Creek. Mayor Pro Tem Naggar requested the restriping of the eight lane configuration on High\NaY 79 South (La Paz west to the free\NaY) be expedited. For the City Council, Director of Public Works Hughes informed of the following: D That staff will explore the possibility of adding more capacity onto High\NaY 79 South, noting that staff has been holding off on the lane configuration until the median project is completed D That the completion of the double right movements from 79 South to Pechanga Park\NaY will help relieve traffic congestion D That although the planning of the eight-lane configuration can be made, it would need to be coordinated properly with the widening of Pechanga Park\NaY D That the bids of the all-purpose bike trail from Rancho California Road to Winchester are anticipated to open August, 2007 D That staff would be hopeful of implementing the remaining improvements on Pechanga Park\NaY at the end of 2007 D That the improvements on Pechanga Park\NaY will provide adequate capacity in the corridor. RIMinutesl051607 7 Mayor Washington concurred with Mayor Pro Tem Naggar's comment with regard to expediting the completion of the bridge over Temecula Creek. Council Member Comerchero echoed Mayor Washington and Mayor Pro Tem Naggar's request of expediting the bridge over Temecula Creek. Mr. Comerchero also relayed the importance of the Teen Center. Council Member Roberts relayed the importance of identifying funding for the bridge over Temecula Creek. Council Member Roberts advised of the upcoming MOU discussions with Pechanga Tribe and noted that funding would be requested. Mayor Washington commended Chief Aim and Lieutenant Pino for their efforts with regard to criminal activity in the Redhawk area and requested continued police presence in the area. Advising that staff is working diligently to improve public safety on the south side of town, City Manager Nelson advised that additional funding has been requested in order to provide additional police presence on the south side of town. For Chief Aim, Mayor Pro Tem Naggar requested police presence not only be provided on Pechanga ParklNay but in the residential community as well. For the City Council, City Manager Nelson will incorporate the City Council's comments into the final document and would suggest setting aside $100,000 to $150,000 for the preliminary study of the Avenida De Missions Bridge over Temecula Creek; and that he would be in agreement of Council Member Roberts' suggestion to exploring future funding during the MOU discussions with the Tribe. Mayor Washington reiterated the importance of the Teen Center and congregating a number of youth activities for the center. CITY MANAGER'S REPORT City Manager Nelson thanked the Departments for their team effort and efficiency of completing these budget documents and commended the City Council for its leadership. RIMinutesl051607 8 ADJOURNMENT At 11 :50 A.M., the City Council meeting \NaS formally adjourned to Tuesday, May 22, 2007, at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RIMinutesl051607 g I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V !1!2- (JG,.... CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: June 12,2007 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,457,379.05 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of June , 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 05/17/2007 TOTAL CHECK RUN: OS/24/2007 TOTAL CHECK RUN: 05/31/2007 TOTAL CHECK RUN: 05/17/2007 TOTAL PAYROLL RUN: 05/31/2007 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 06/12/07 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 120 165 190 192 193 194 195 196 197 210 280 300 310 320 330 340 001 165 190 192 193 194 196 280 300 320 330 340 GENERAL FUND DEVELOPMENT IMPACT FUND RDA LOW /MOD - 20"10 SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL "B" STREET LIGHTS TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "D" REFUSEiRECYCLING TCSD SERVICE LEVEL "R" STREETiROAD MAINT TCSD SERVICE LEVEL "L" LAKE PARK MAINT. TEMECULA LIBRARY FUND CAPITAL IMPROVEMENT PROJ FUND REDEVELOPMENT AGENCY - CIP INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES GENERAL FUND RDA LOW /MOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKE PARK MAINT. REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: $ 1,947,455.59 26,150.20 37,855.91 507,150.50 63,860.27 91,394.00 1,435.51 1,080.00 9,950.02 3,896.56 1,552,863.57 15,668.50 4,766.19 130,390.58 95,396.11 13,857.27 14,887.67 $ 622,352.71 10,445.00 204,135.60 233.72 10,142.66 1,713.65 1,131.52 6,700.18 2,488.41 55,196.82 7,070.76 17,709.57 $ 1,127,722.08 1,451,608.40 1,938,727.97 464,638.42 474,682.18 $ 5,457,379.05 $ 4,518,058.45 939,320.60 $ 5,457,379.05 apChkLst Final Check List Page: 1 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 861 05/17/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 3,251.96 3,251.96 NATIONWIDE RETIREMENT 862 05/17/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 116,369.28 116,369.28 RETIREMENT) 863 05/17/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 81,511.30 81,511.30 864 05/17/2007 000444 INSTATAX (EDD) State Disability Ins Payment 20,084.93 20,084.93 865 05/17/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,761.81 19,761.81 SOLUTION 115885 05/17/2007 001700 A PLUS TEACHING MATERIALS Misc supplies:parent & me class 62.53 62.53 115886 05/17/2007 000434 ACCELA.COM User Cf 8/6-9 Garden Grove:MC/JG 1,398.00 1,398.00 115887 05/17/2007 009787 AL TEC INDUSTRIES INC Purchase:Utility Vehicle w/lift 127,466.11 127,466.11 115888 05/1712007 004240 AMERICAN FORENSIC NURSES June stand by fee:Police 700.00 700.00 115889 05/17/2007 000936 AMERICAN RED CROSS Training materials:aquatics pgrm 1,574.40 Training materials:aquatics pgrm 112.00 1,686.40 115890 05/17/2007 008279 AMERICOMP IN FOSYSTEMS INC POS sys thermal printers: Library 3,544.98 Computer Supplies: Info Sys 210.11 3,755.09 115891 05/17/2007 000101 APPLE ON E INC Temp help ppe 4/21 Jepsen, L 300.40 Temp help ppe 4/28 Jepsen, L 210.28 510.68 115892 05/17/2007 002648 AUTO CLUB OF SOUTHERN New Membership: Zara Smith 67.00 CALIF Membership: Eric Rodecker 47.00 114.00 115893 05/17/2007 011007 BARNETT, KIRK Reimb:Fire vehicle inspections 150.00 150.00 115894 05/17/2007 002541 BECKER CONSTRUCTION SRVS Citywide saw cutting svcs:PW 17,380.00 17,380.00 INC 115895 05/1712007 004380 BOY SCOUTS OF AMERICA Refund:Security Dep CRC 4/24 150.00 150.00 115896 05/17/2007 005103 BUCKLEY, TIM refreshm ents:"Dinner w/Fire Fighters" 95.62 95.62 Page:1 apChkLst Final Check List Page: 2 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115897 05/17/2007 010731 CAS A COURT APPOINTED, FY 06/07 Comm Svc Funding Grant 1,000.00 1,000.00 SPECIAL ADVOCATES FOR 115898 05/17/2007 005063 CELSOC Shipping: 07 Subdivision Maps 3.50 3.50 115899 05/1712007 003138 CAL MAT PW patch truck materials 280.43 PW patch truck materials 249.81 530.24 115900 05/17/2007 005321 CALIF ASSOC OF CODE Mb:07 CACEO Parker, Marianne 75.00 75.00 115901 05/17/2007 005321 CALIF ASSOC OF CODE Mb:07 CACEO Ching, Maria 75.00 75.00 115902 05/17/2007 005384 CALIF BAGEL BAKERY & DELI Refreshments: IS Maint Mtg 251.87 Refreshments: CPR Training 134.69 386.56 115903 05/17/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # OF099118 25.00 25.00 115904 05/1712007 007146 CALIFORNIA SENSOR CORP maint supplies:Harveston park 62.00 62.00 115905 05/17/2007 011016 CALVILLO-CISNEROS, ELVIA Refund:Rental CRC 6/23 694.00 694.00 115906 05/17/2007 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSO 39.40 39.40 115907 05/17/2007 000131 CARL WARREN & COMPANY INC Claim adjuster services #1442691 842.16 842.16 115908 05/17/2007 010884 CENTER FOR NATURAL LANDS consulting depositroripaugh rnch 4,000.00 4,000.00 MGMT 115909 05/17/2007 009640 CERTIFION CORPORATION Apr investigative dbase svc:PO 150.00 150.00 115910 05/17/2007 000137 CHEVRON USA INC City vehicles fuel: Police 872.74 City vehicles fuel: CM & PO 396.48 1,269.22 115911 05/17/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW 197.84 197.84 115912 05/1712007 010847 CLARK SECURITY PRODUCTS von duprin parts for doors: CRC 469.16 469.16 INC 115913 05/17/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05 Page2 apChkLst Final Check List Page: 3 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115914 05/17/2007 004414 COMMUNITY WORKS DESIGN Jan-Feb Lndscp/lnspect svcs:PW 350.50 350.50 GROUP 115915 05/17/2007 009905 COMPRISE TECHNOLOGIES INC SAM Visitor Access Cards:Library 5,550.00 5,550.00 115916 05/17/2007 000447 COMTRONIX OF HEMET Vehicle radio equip: pw traffic 1,772.32 1,772.32 115917 05/17/2007 003986 COZAD & FOX INC Mar parcel map svc:rda property 18,364.00 Apr prgss pymt:79S/Pechanga 3,370.00 21,734.00 115918 05/17/2007 010066 EMPIRE SALES & DISTRIBUTORS Recreation supplies:cultural arts 1,691.67 1,691.67 115919 05/1712007 005115 ENTERPRISE RENT A CAR INC Vehicle rental:sister cities pgrm 1,270.58 Vehicle rental: fire explorer pgrm 600.00 vehicle rental for stafftrng:Plng 107.74 1,978.32 115920 05/17/2007 009953 FEDERAL CLEANING May cleaning svcs:pd mall storefront 400.00 400.00 CONTRACTORS 115921 05/17/2007 000165 FEDERAL EXPRESS INC 4/23-5/1 express mail services 77.56 77.56 115922 05/17/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 115923 05/1712007 011017 FRANZ, MONIQUE Refund:Security Dep CRC 4/14 150.00 150.00 115924 05/17/2007 010326 G E 10NICS INC MaintlSvc:Reverse Osmosis Washer 58.88 58.88 115925 05/17/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire 4,759.18 INC Office Supplies: Planning 1,456.56 Office supplies: Public Works 808.84 Office Supplies: B&S 611.98 Office supplies: HR 364.19 Office Supplies: Info Sys 235.60 Office Supplies: Records Mgmt 148.38 Office Supplies: Finance 104.23 Office Supplies: Fire TCC 75.83 Office Supplies: City Clerk 33.76 8,598.55 115926 05/17/2007 005947 GOLDEN STATE OVERNIGHT 4/4-4/13 express mail svc:Fire 24.81 4/16-23 express mail svc:Fire 14.89 39.70 Page:3 apChkLst Final Check List Page: 4 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115927 05/17/2007 003792 GRAINGER water pump parts:ch museum 164.30 water pump parts:ch museum 96.56 return: water pump parts -164.30 96.56 115928 05/1712007 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 266.00 CLUB TCSD instructor earnings 138.60 TCSD instructor earnings 59.50 TCSD instructor earnings 59.50 TCSD instructor earnings 59.50 TCSD instructor earnings 56.00 639.10 115929 05/17/2007 000711 GRAPHICS UNLIMITED Printing svcs:Eco Dev brochures 1,797.27 1,797.27 LITHOGRAPHY 115930 05/17/2007 000520 H D L COREN & CONE INC Apr-Jun property tax svc:Finance 5,000.00 5,000.00 115931 05/17/2007 005311 H20 CERTIFIED POOL WATER May pool svcs/supplies:CRCfTES 900.00 900.00 SPCL. 115932 05/17/2007 000378 HAFELI, THOMAS Reimb:Ntl Broadcasters Cf:4/17-18:LV 503.28 dry contact bridge: Library 253.46 756.74 115933 05/17/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals 95.00 GROUP INC pre-employment physicals 63.00 158.00 115934 05/17/2007 011018 HERNANDEZ, OLIVIA Refund:Security Dep CRC 4/15 150.00 150.00 115935 05/17/2007 004811 HEWLETT PACKARD H P design jet svc kit: Info Sys 2,191.00 HP LaserJet printer/cable: IS 844.76 3,035.76 115936 05/1712007 005748 HODSON, CHERYL A. Support Payment 26.17 26.17 115937 05/17/2007 010550 HOME DEPOT, THE maintenance supplies: parks 77.42 77.42 115938 05/17/2007 001517 HORIZON HEALTH May Employee Assistance Pgm 888.80 888.80 115939 05/17/2007 004217 HYDRO TEK COMPANY Equipment repairs: pw maint 27.50 27.50 115940 05/17/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,462.45 11,462.45 303355 115941 05/17/2007 007981 I D EDGE INC Identification cards: crc 94.28 94.28 Page:4 apChkLst Final Check List Page: 5 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115942 05/17/2007 009135 IMPACT MARKETING & DESIGN uniform supplies:cultural arts pgrm 1,537.16 1,537.16 INC 115943 05/17/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crc/tes 229.15 INC Pool sanitizing chemicals:crc/tes 185.33 414.48 115944 05/17/2007 010119 IRS-OIC Sup Pmt Offer #1 000497587 452379267 140.11 140.11 115945 05/1712007 001091 KEYSER MARSTON ASSOCIATES Mar-Apr consulting svcs:RDA 1,503.75 1 ,503.75 INC 115946 05/17/2007 011019 KIDS CARE CLUB Refund:Security Dep CRC 4/12 150.00 150.00 115947 05/1712007 010922 KITTENS 'N' PUPS K-9 food supplies: Police 300.53 300.53 CORPORATION 115948 05/17/2007 010965 KODIMER, CHARLES Refund:depositlUnit 203,41934 Main St 387.50 387.50 115949 05/17/2007 009336 KOPIE SHOP LLC Printing svcs: theater 90.51 Printing svcs: theater 66.35 156.86 115950 05/17/2007 007321 KOPP, JON R. (RANDY) test/repair sound sys:old town 1,000.00 Audio Svc: Rod Run Old Town 600.00 1,600.00 115951 05/17/2007 004377 L 0 LYNCH WELLS & PUMP, INC pump seal kit: harveston park 160.82 160.82 115952 05/17/2007 007188 LAERDAL MEDICAL CORP. Training materials:paramedics 1,993.47 1,993.47 115953 05/17/2007 006744 LAMAR CORPORATION, THE May billboard advertising: RDA 3,130.00 3,130.00 115954 05/1712007 004412 LEANDER, KERRY D. TCSD instructor earnings 204.75 TCSD instructor earnings 197.75 TCSD instructor earnings 131.25 533.75 115955 05/17/2007 011014 LECOMTE, KATIE Reimb:Ntl APA Cf:4/13-17:Phil, PA 429.70 429.70 115956 05/1712007 009388 LETS GET PERSONAL Recognition shirts: Planning 1,049.31 1,049.31 115957 05/17/2007 010106 LIBRARY DESIGN GROUP Furniture: Library 4,949.83 4,949.83 115958 05/17/2007 003726 LIFE ASSIST INC Medical supplies: paramedics 1,003.71 returned medical equipment -142.D2 861.69 PageS apChkLst Final Check List Page: 6 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115959 05/17/2007 002634 L1TELlNES INC Light poles/fixtures: old town 2,451.31 2,451.31 115960 05/17/2007 006897 LORY, SUSAN, J. TCSD instructor earnings 415.80 TCSD instructor earnings 415.80 TCSD instructor earnings 403.20 TCSD instructor earnings 336.00 TCSD instructor earnings 308.00 TCSD instructor earnings 280.00 TCSD instructor earnings 280.00 TCSD instructor earnings 220.50 TCSD instructor earnings 201.60 TCSD instructor earnings 196.00 TCSD instructor earnings 126.00 TCSD instructor earnings 126.00 3,308.90 115961 05/1712007 010987 LUDWIG, PERRY Reimb:DMV Class A License Fee 64.00 64.00 115962 05/17/2007 008610 M C R STAMPS DJ srvcs:high hopes pgrm 5/4/07 25.00 DJ srvcs:high hopes pgrm 10/20/06 25.00 50.00 115963 05/17/2007 003782 MAIN STREET SIGNS misc sign supplies:PW Maint 343.72 343.72 115964 05/17/2007 004141 MAINTEX INC custodial supplies: library 287.15 custodial supplies: library 132.80 custodial supplies:West \/\ling 132.80 custodial supplies:MPSC 132.80 685.55 115965 05/17/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 392.00 TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 308.00 TCSD Instructor Earnings 248.50 TCSD Instructor Earnings 164.50 TCSD Instructor Earnings 84.00 1,533.00 115966 05/17/2007 001967 MANPOWER TEMPORARY temp help PPE 04/29 SW/JAlAC/DC 1,521.29 1,521.29 SERVICES 115967 05/17/2007 000217 MARGARITA OFFICIALS ASSN Apr softball umpire srvcsTCSD sprts 3,990.00 3,990.00 115968 05/17/2007 005806 MATTHEWS, CATHERINE J. Mar-Apr street addressing svcs:B&S Dept 487.50 487.50 115969 05/17/2007 009541 MEYER AND ASSOCIATES Apr architectural svcs: TCC expansion 885.00 885.00 115970 05/17/2007 007210 MIDORI GARDENS irrigation repairs:Vail Ranch Park 501.88 irrigation repairs:WoIf Creek Linear 102.20 604.08 Page:6 apChkLst Final Check List Page: 7 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115971 05/17/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 100.00 City vehicle detailing svcs:B&S Dept 25.00 125.00 115972 05/17/2007 001384 MINUTEMAN PRESS Business cards:S.W1l1iams/G.Formoe 86.74 86.74 115973 05/17/2007 000883 MONTELEONE EXCAVATING Grading dirt roads:Liefer/Santiago 1,080.00 1,080.00 115974 05/17/2007 004490 MUSCO SPORTS LIGHTING INC May '07-May '08 control link srvcs:TCSD 1,400.00 1,400.00 115975 05/17/2007 002925 NAPA AUTO PARTS misc parts & supplies:PW Maint 44.75 44.75 115976 05/17/2007 008528 NICHOLS, MELBURG & ROSETTO Mar dsgn:old town infrastructure prjts 57,171.47 57,171.47 115977 05/17/2007 002139 NORTH COUNTY TIMES Apr recruitment ads:PWfTCSD 1,042.74 Apr display advertising:spring egg hunt 195.38 1,238.12 115978 05/1712007 002292 OASIS VENDING coffee/kitchen supplies:City Hall 704.09 coffee/kitchen supplies:West Wing 129.30 833.39 115979 05/17/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:PoIice Mall Stn 85.23 DIV misc office supplies:Police Mall stn 33.83 119.06 115980 05/17/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:PoIice 85.05 85.05 DIV 115981 05/17/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 455.38 City Vehicle Repair/Maint SVcs 257.35 City Vehicle Repair/Maint SVcs 222.84 935.57 115982 05/17/2007 009712 P S JOBS LLC recruitment ad:Asst Eng 4/5/07 119.00 119.00 115983 05/17/2007 011012 PALM SPRINGS ART MUSEUM Deposit:exhibition rentalfT. Museum 4,000.00 4,000.00 115984 05/17/2007 004805 PEACOCK ENTERPRISES INC Ink Cartridges for Computer Printers 172.40 172.40 115985 05/17/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 220.12 220.12 PROGRAM 115986 05/17/2007 000249 PETTY CASH Petty Cash Reimbursement 887.82 887.82 115987 05/17/2007 000580 PHOTO WORKS OF TEMECULA camera battery:TCSD 13.46 13.46 Page:? apChkLst Final Check List Page: 8 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115988 05/17/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplies/chemicals:CRCfTES pools 184.72 184.72 INC 115989 05/17/2007 000253 POSTMASTER Express Mail & Postal Svcs 62.10 62.10 115990 05/1712007 002185 POSTMASTER-TEMECULA postage/SVc L\II C election ballots 11,258.60 11,258.60 115991 05/17/2007 003697 PROJECT DESIGN 02/5-03/4/07 Svcs:Murr CrklO\fflnd Dr 7,833.58 CONSULTANTS credit:add'l back-up documentation req. -105.00 7,728.58 115992 05/17/2007 010664 R W SMITH & COMPANY kitchen appliances:PBSP concession 4,471.63 4,471.63 115993 05/1712007 011020 RAGLAND, JACK refund:sec.deposit/l'v1PSC 3/3/07 150.00 150.00 115994 05/17/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 10,226.36 May 01-24-02988-2 RC Road 1,063.25 May 01-31-61232-2 La Serena Wy 417.77 May 01-02-02001-0 Rancho Vista 397.81 Various PWWater Meters 396.56 May 01-31-61233-2 La Serena Wy 178.38 May 01-24-03986-1 Bttrfld 146.25 May 01-24-03990-2 Meadows Prkwy 87.00 Various Water Meters 62.84 May 01-24-03991-1 R.Vista 53.84 Apr 01-06-59000-3 41934 Main St. 45.37 May 01-06-99000-14 Pujol St. 7.02 13,082.45 115995 05/17/2007 007122 REDHAWK COMMUNTIES, INC. Refund:appl. fees/apn 909-370-018 21,232.00 21,232.00 115996 05/17/2007 002412 RICHARDS WATSON & GERSHON Mar 2007 legal services 97,320.74 97,320.74 115997 05/17/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: W. & S. Bogdanski 11.00 11.00 RECORDER 115998 05/17/2007 010301 RIVERSIDE CO DISTRICT refund:sec.depositlAmphitheater 4/23/07 150.00 150.00 ATTORNEY 115999 05/17/2007 000268 RIVERSIDE CO HABITAT April 2007 K-Rat payment 6,400.00 6,400.00 116000 05/1712007 000271 ROBERT BEIN VVM FROST & Mar prof svcs:old town infrastructure 21,671.83 21,671.83 ASSOC Page:8 apChkLst Final Check List Page: 9 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116001 05/17/2007 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 644.00 TCSD Instructor Earnings 420.00 1,064.00 116002 05/17/2007 004598 S T KARCHITECTURE INC Apr dsgn svcs:Wolf Creek Fire stn 7,455.00 7,455.00 116003 05/17/2007 009196 SACRAMENTO THEATRICAL misc supplies:Theater 243.43 243.43 LIGHTING 116004 05/1712007 005329 SAFE ALTERNATIVE FOR community support funding agrmnt pmt 15,000.00 15,000.00 EVERYONE 116005 05/17/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 116006 05/1712007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005033893 150.00 150.00 116007 05/17/2007 004609 SHREDFORCE INC rolls of plans/file boxes:Rcrds Mgmt 1,597.32 qty 62 file boxes:Rcrds Mgmt 246.14 Apr doc. shredding svcs:Rcrds Mgmt 110.00 Apr doc. shredding svcs:Police OT stn 32.50 1,985.96 116008 05/1712007 000645 SMART & FINAL INC supplies:Team PACE event 513/07 171.17 misc rec supplies:TCC 126.76 297.93 116009 05/17/2007 000537 SO CALIF EDISON May 2-01-202-7330 various mtrs 63,652.71 May 2-01-202-7603 arterial st lights 23,040.02 May 2-02-351-5281 CRC 3,705.89 Apr 2-29-224-0173 Fire Stn 2,173.96 May 2-26-887-0789 various mtrs 1,206.56 Apr 2-10-331-2153 TCC 707.19 May 2-28-171-2620 Police Mall Stn 404.49 94,890.82 116010 05/1712007 007851 SOUTH COAST HEATING & AIR HVAC repair & maint:City Facilities 3,927.00 Apr HVAC prey maint:Fire Stn 84 165.00 HVAC repair & maint:City Hall 165.00 Apr HVAC prey maint:Fire Stn 73 145.00 Apr HVAC prey maint:Fire Stn 92 95.00 4,497.00 116011 05/17/2007 004282 SOUTHWEST TRAFFIC SYSTEMS City vehicle equipment:PW Traffic Div 625.00 625.00 116012 05/17/2007 000293 STADIUM PIZZA INC refreshments:Town Hall mtg 513/07 67.48 67.48 116013 05/17/2007 010895 STATON, STEVE reimb:Gang Invest.Cf, S.D.,CA 4/30-5/4 60.06 60.06 Page:9 apChkLst Final Check List Page: 10 05/1712007 2:29:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116014 05/17/2007 000305 TARGET BANK BUS CARD SRVCS misc supplies:aquatics pgrm 278.60 mother/son date night supplies 188.60 Hospitality supplies:Theater 99.86 567.06 116015 05/17/2007 009500 TEMEC ELECTRONICS, INC misc tools & equip:PWTraffic Div 714.59 714.59 116016 05/17/2007 006914 TEMECULA COPIERS INC. Apr copier maintlusage:City Facilities 3,240.99 Apr copiers maintlusage:Library 529.30 3,770.29 116017 05/17/2007 006305 TEMECULA SISTER CITY ASSN Community Srvcs Grant Award 1,000.00 1,000.00 116018 05/17/2007 000307 TEMECULA TROPHY COMPANY Additional Signage:Library 6,627.35 recogition plaque:Marjorie Gregory 72.14 6,699.49 116019 05/17/2007 000515 TEMECULA VALLEY CHAMBER Economic Forecast mtg G.Wolnick 6/28 40.00 40.00 OF 116020 05/17/2007 004274 TEMECULA VALLEY SECURITY locksmith services:MPSC/Skate Park 63.81 63.81 CENTR 116021 05/17/2007 003849 TERRYBERRY COMPANY recognition pins:human resources 570.28 recognition pins:human resources 266.72 837.00 116022 05/17/2007 010276 TIME WARNER CABLE 5/10-6/9 high speed internet City Hall 156.02 156.02 116023 05/17/2007 010013 TOP DAWG TERMITE COMPANY cover & fumigate for termites:CRC 21,560.00 INC fumigate drywood termites:T. Museum 9,080.00 30,640.00 116024 05/17/2007 004308 TOWNE & COUNTRY AUTO & Towing srvcs:Police 210.00 210.00 TOWING 116025 05/17/2007 010558 TRADE IN.COM INC Office furniture:Fire Stn 84 1,087.63 1,087.63 116026 05/17/2007 008517 UNITED SITE SERVICES OF 4/26-5/23/07 fence rental:Main St Bridge 26.40 26.40 CA,INC 116027 05/17/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00 116028 05/17/2007 006807 VANIR CONSTRUCTION Mar constr mgmt:Wolf Creek Fire Stn 19,108.25 19,108.25 Page:10 apChkLst Final Check List Page: 11 05/1712007 2:29:09PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116029 05/17/2007 004261 VERIZON May xxx-5072 general usage 4,731.97 Apr xxx-8900 GIS Library 771.48 Apr xxx-7530 GIS Library 530.29 Mayxxx-1341 Theater 410.85 Apr xxx-1540 Old TOVvTl Prk Lot 89.75 Mayxxx-1941 PTACD TTACSD 67.16 Apr xxx-6620 general usage 31.97 6,633.47 116030 05/17/2007 004279 VERIZON CALIFORNIA INC. Apr access-(EQN) C. Mus.phone line 660.59 Apr access-(E05) CRC phone line 357.44 1,018.03 116031 05/17/2007 004848 VERIZON SELECT SERVICES INC May long distance phone svcs 695.51 695.51 116032 05/17/2007 003730 WEST COAST ARBORISTS INC 4/1-15/07 Citywide Tree Maint Svcs 449.50 449.50 116033 05/1712007 000621 WESTERN RIVERSIDE COUNCil April 2007 TUMF Payment 142,805.76 142,805.76 OF 116034 05/17/2007 008402 WESTERN RIVERSIDE COUNTY April 2007 MSHCP payment 21,612.00 21,612.00 116035 05/17/2007 010818 WOODWORK STORE INC, THE Admin workstation:Fire Stn 84 2,266.00 2,266.00 116036 05/17/2007 011026 ZEITLER, WilLIAM performance: C. Museum 5/19/07 800.00 800.00 116037 05/1712007 000348 ZIGLER, GAil reimb:Team PACElYouth Master Plan 309.79 309.79 116038 05/17/2007 007715 ZOOMERANG 5/4/07-5/4/08 zPro Subscr:lnfo Sys 350.00 350.00 Grand total for UNION BANK OF CALIFORNIA: 1,127,722.08 Page:11 apChkLst 05/1712007 2:29:09PM Final Check List CITY OF TEMECULA Page: 12 159 checks in this report. Grand Total All Checks: 1,127,722.08 Page:12 apChkLst Final Check List Page: 1 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 116039 OS/21/2007 002185 POSTMASTER Postage/Svc Lvi C Election Ballots 11,258.60 11,258.60 116040 OS/2212007 001158 HOLIDAY INN Safety Conf:5/23-24 Dakin/Fulcher 243.96 243.96 116041 OS/24/2007 004594 2 HOT ACTIVEWEAR sewing svc:volunteer pd uniforms 70.04 sewing svc:volunteer pd uniforms 15.09 sewing svc:volunteer pd uniforms 14.01 99.14 116042 OS/24/2007 000434 ACCELA.COM (3) custom accela reports 5,550.00 5,550.00 116043 OS/24/2007 000106 ALFAX WHOLESALE FURNITURE beige folding chairs: TCC 1,756.01 1,756.01 116044 OS/24/2007 003859 ALL ABOUT SELF STORAGE Units G702 & C332 rental:TCSD 319.00 319.00 116045 OS/24/2007 008714 ALPHA CORP SIRE Agenda plus user upgrade 3,570.93 3,570.93 116046 OS/24/2007 004240 AMERICAN FORENSIC NURSES DUI & Drug Screening: Police 324.00 DUI & Drug Screening: Police 180.00 504.00 116047 OS/24/2007 002187 ANIMAL FRIENDS OF THE Apr animal control services 12,500.00 12,500.00 VALLEYS 116048 OS/24/2007 000101 APPLE ON E INC temp help w/e 05/05 L.Jepsen 300.40 300.40 116049 OS/24/2007 003203 ARTISTIC EMBROIDERY Staff Shirts: City Clerk 272.61 272.61 116050 OS/24/2007 009908 BEADOR CONSTRUCTION CO Apr Prgss: 79s Medians 3,396.60 3,396.60 INC 116051 OS/24/2007 003221 BEAL, KELLI airiareNXT Trng Cool Springs, TN 527.80 527.80 116052 OS/24/2007 011028 BENTLEY, AMY Refund:Logan-Kids Love Soccer 81.00 81.00 116053 OS/24/2007 002377 BEST BUY COMPANY INC Sony 900W 5.1 theater system 349.06 349.06 116054 OS/24/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 700.00 TCSD instructor earnings 315.00 1,015.00 116055 OS/24/2007 010232 BLOOMFIELD, CARL Blacksmith Demo & Exhibit 224.00 224.00 Page:1 apChkLst Final Check List Page: 2 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116056 OS/24/2007 008605 BONTERRA CONSULTING Mar-Apr silt removal:RRSP channel 3,600.00 3,600.00 116057 OS/24/2007 004126 BROOKS, JIM roping entertainment:5/19-20 600.00 600.00 116058 OS/24/2007 000128 BROWN & BROWN OF CALIF INC Bond renewal:G.Roberts 5/07-08 675.00 675.00 116059 OS/24/2007 003138 CAL MAT PW patch truck materials 759.77 PW patch truck materials 752.89 PW patch truck materials 742.89 PW patch truck materials 254.18 PW patch truck materials 37.72 2,547.45 116060 OS/24/2007 004248 CALIF DEPT OF JUSTICE- Apr fingerprinting svc: HR/PD 4,750.00 4,750.00 ACCTING 116061 OS/24/2007 002520 CALIF T'S SCREEN PRINTING T-Shirts: Every 15 Minute Program 1,763.62 Recognition Shirts:Bob Johnson 170.24 1,933.86 116062 OS/24/2007 008644 CANTRELL, ROGER, AlA, AICP Apr architectural plan review 8,178.00 8,178.00 116063 OS/24/2007 004006 CARROLL, JOSEPH Photography: Mike Naggar 371.74 371.74 116064 OS/24/2007 008534 CASTILLO, RYAN employee computer purchase prgrm 1,986.27 1,986.27 116065 OS/24/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies:recreation pgm 496.98 First aid supplies: PW 385.89 First aid supplies: PW 305.67 1,188.54 116066 OS/24/2007 004414 COMMUNITY WORKS DESIGN Jan-Feb Indscp planck svcs:Pln 11,670.00 GROUP Jan-Feb Lndscp/lnsp Svcs:79s 755.50 12,425.50 116067 OS/24/2007 001923 CONVERSE CONSULTANTS Mar Geotech Svcs:R. Calif Rd Widening 500.00 500.00 116068 OS/24/2007 001264 COSTCO WHOLESALE Equipment:fire stn 73 1,648.88 Misc supplies:recreation pgrm 16.23 1,665.11 116069 OS/24/2007 003845 CUTTING EDGE MARKETING Ad/display design svcs:eco dev 1,214.20 1,214.20 116070 OS/24/2007 004123 D L PHARES & ASSOCIATES Jun lease chg:Police Old Town 2,556.79 2,556.79 116071 OS/24/2007 003272 DAISYWHEEL RIBBON Plotter Paper and Ink: GIS 761.20 761.20 COMPANY INC Page2 apChkLst Final Check List Page: 3 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116072 OS/24/2007 001393 DATA TICKET INC Apr parking citation svcs: police 3,297.90 3,297.90 116073 OS/24/2007 003511 DELL COMPUTER CORPORATION MultiSync LCD 24" Monitor 793.82 793.82 116074 OS/24/2007 003945 DIAMOND ENVIRONMENTAL clean grease interceptor:mpsc 282.90 SRVCS clean grease interceptor: TCC 282.90 565.80 116075 OS/24/2007 004417 DISCOUNT SCHOOL SUPPLY Recreation Supplies: Ch Museum 369.68 369.68 116076 OS/24/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,937.08 INC Fuel for City vehicles: PW Maint 1,464.74 Fuel for City vehicles: PW Lnd Dv 642.26 Fuel for City vehicles: B&S 551.59 Fuel for City vehicles: Planning 400.50 Fuel for City vehicles: PWCIP 266.53 Fuel for City vehicles:cclis/cs/pw 157.26 5,419.96 116077 OS/24/2007 002390 EASTERN MUNICIPAL WATER May 95366-02 Diego Dr Ldscp 331.11 331.11 DIST 116078 OS/24/2007 000395 ECONOMIC DEVELOPMENT EDC qtrly luncheon 4/26/07 M.Edwards 45.00 45.00 CORP 116079 OS/24/2007 000161 EDEN SYSTEMS INC Eden training svcs: HR 4,391.55 4,391.55 116080 OS/24/2007 004592 ELITE BOBCAT SERVICE INC Apr const:diaz rd realign phase II 557,694.90 557,694.90 116081 OS/24/2007 001056 EXCEL LANDSCAPE Apr Indscp maint:sprts pks 44,371.22 Apr Indscp maint:south slopes 34,124.40 Apr Indscp maint:north slopes 29,372.80 Apr Indscp maint: medians 11,307.00 Apr Indscp maint:various city sites 8,336.11 Irrigation repair:slopes 1,262.55 irrigation repairs:slopes 627.73 Irrigation repairs:medians & parks 195.84 129,597.65 116082 OS/24/2007 000478 FAST SIGNS Vehicle maint: PW Traffic Div 207.64 207.64 116083 OS/24/2007 000165 FEDERAL EXPRESS INC 5/1-5/7 express mail svcs 104.09 104.09 116084 OS/24/2007 000166 FIRST AMERICAN TITLE Lot Bk Report:41900 Kaffirboom 75.00 COMPANY Lot Bk Report:31346 Enfield Ln 75.00 Lot Bk Report:41542 Big Sage Ct 75.00 225.00 Page:3 apChkLst OS/24/2007 2:00:06PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116085 OS/24/2007 003347 FIRST BANKCARD CENTER HGV DEP - ICSC SPRING CONF AA Hotel: LV Show 5/21-23/07 151.51 DINE IN DELIVERY SN Refreshments:City Attorney Mtg 143.06 CATERERS CAFE RJ Refreshments:R.Lewis MtgfTour 174.52 PAT & OSCARS RESTAURANT SJ Refreshments:Council Closed Session 152.34 SOUTHWEST AIRLINES TT Airiare:lnterop Conf:5/20-25 111.80 STADIUM PIZZA INC SN Refreshments:City Attorney Mtg 70.18 CLAIM JUMPER RESTAURANT SJ Phone/Palm charger 64.80 CLAIM JUMPER RESTAURANT SJ StaffMtg-Reimb expense 62.38 AMERICAN PUBLIC WORKS ASSN. INTL COUNCIL OF SHOPPING WH Ntl PW Week Poster 57.00 RJ Membership: Robert Johnson 50.00 PENFOLD, LADD L. SN Refreshments:Mtg w/Murrieta 47.55 HAPPY SUSHI RO BA TA SJ Meal:CCAC Conf:MB/CD 46.00 MICROTRANS INC WH Trip Generation v 5 software TT bank charges 35.00 35.00 PENFOLD'S CAFE AA Refreshments: Citizen Corps Mtg 30.00 CHillS RESTAURANT TT Refreshment:Lunch Mtg 29.69 CATERERS CAFE JM Refreshments:Business Mtg 17.89 VONS SJ Refreshments:Council Closed Session 4.49 PALA MESA RESORT SJ Call:Exec staff Retreat:4/19:Jones 4.00 INTEROP LAS VEGAS TT Regist:lnterop Conf:5/20-25:TT 2,290.00 ARTIST TOUCH STUDIO RJ Framing "Antique" Temecula 940.04 GES EXPOSITION SERVICES INC AA ChairfTable/equip rental: LV Show 921.50 DEEP SURPLUS CABLES TT Various computer cables:Ubrary 751.15 CONGRESS FOR THE NEW RJ Regist:CNU XV:5/16-17:Richardson URBANISM 745.00 CONGRESS FOR THE NEW RJ Membership: R. Johnson URBANISM 600.00 SOUTHWEST AIRLINES SN Airfare:ICSC Conf:5/2G-22:Adams 597.70 JVC SERVICE & ENGINEERING TT projector repair services CO 572.20 HILTON SJ Htl:'07 CCAC Cf:4/11-13:Flores 390.46 Page:4 apChkLst Final Check List Page: 5 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total NORTHWEST AIRLlNES/KLM RJ Airiare:CNU XV:5/16-17:Richardson 276.59 SOUTHWEST AIRLINES RJ Airiare:ICSC Conf:Johnson 242.80 RIVIERA HOTEL SN Htl:ICSC Conf:5/18-24Noland 215.82 PECHANGA BAND OF LUISENO WH Refreshments: PW Safety Mtg 195.73 SCARCELLAS ITALIAN GRILL SJ Refreshments:Council Closed Session 190.97 IRON WOK CHINA BISTRO SJ Refreshments: Council Closed Session 189.19 10,406.36 116086 OS/24/2007 003347 FIRST BANKCARD CENTER HGV DEP - ICSC SPRING CONF ME Htl:'07 ICSC Conf:5/20-22/07 184.21 TEMECULA VALLEY CHAMBER JM RegistBusiness/Eco Forecast 40.00 OF SOUTHWEST AIRLINES ME Airiare:'07 ICSC Conf:5120-22/07 116.80 HGV DEP - ICSC SPRING CONF JM Htl:'07 ICSC Conf:5/2G-22107 151.51 492.52 116087 OS/24/2007 000170 FRANKLIN QUEST COMPANY INC Office Supplies: Planning 26.44 26.44 116088 OS/24/2007 004514 G T S I CORP Docking stn Hardware: Fire 2,924.47 2,924.47 116089 OS/24/2007 011031 GOALWIN, PAMELA Refund:Security Dep CRC 4/27 150.00 150.00 116090 OS/24/2007 003792 GRAINGER water pump parts: ch museum 164.30 164.30 116091 OS/24/2007 010850 GRANDPAWS FARM pony rides/petting zoo 5/19-20 250.00 250.00 116092 OS/24/2007 011034 H M T JEFFERSON, LLC Refund:fee adj 27919 Jefferson 99.00 99.00 116093 OS/24/2007 000378 HAFELI, THOMAS airiareNXT Trng Cool Springs, TN 527.80 527.80 116094 OS/24/2007 003299 HAYES, BARNEY Musical Periormance: 5/19-20 600.00 600.00 116095 OS/24/2007 006250 HAZ MAT TRANS INC Apr site demolition:old town 7,000.00 7,000.00 116096 OS/24/2007 001135 HEALTH POINTE MEDICAL first aid care for employee 129.65 GROUP INC first aid care for employee 89.25 218.90 116097 OS/24/2007 004811 HEWLETT PACKARD HP Compaq notebook nc2400 1,973.52 Pick Up/Return SVc: Notebook 127.00 2,100.52 PageS apChkLst Final Check List Page: 6 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116098 OS/24/2007 003198 HOME DEPOT, THE hardware supplies: Library 42.99 42.99 116099 OS/24/2007 010550 HOME DEPOT, THE hardware supplies: TCSD parks 138.D7 hardware supplies: PW 124.22 262.29 116100 OS/24/2007 003624 HOWELL, ANN MARIE Photography: Eco Dev 1,099.05 1,099.05 116101 OS/24/2007 004406 IGOE & COMPANY INC May flex benefit plan pmt 400.00 400.00 116102 OS/24/2007 004833 IMPERIAL PAVING COMPANY INC asphalt repairs:overland bridge 20,959.00 20,959.00 116103 OS/24/2007 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:crcltes 194.70 194.70 INC 116104 OS/24/2007 000750 INTOXIMETERS INC intoximeter equip supplies: PD 54.57 54.57 116105 OS/24/2007 010779 JANAWAY PUBLISHING INC genealogy books: library 37.34 37.34 116106 OS/24/2007 000820 K R W & ASSOCIATES Apr engineering planck svcs: PVI/ 3,010.00 3,010.00 116107 OS/24/2007 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 623.70 TCSD instructor earnings 510.30 TCSD instructor earnings 425.25 TCSD instructor earnings 340.20 TCSD instructor earnings 283.50 TCSD instructor earnings 255.15 TCSD instructor earnings 255.15 TCSD instructor earnings 255.15 TCSD instructor earnings 226.80 TCSD instructor earnings 170.10 TCSD instructor earnings 113.40 TCSD instructor earnings 113.40 TCSD instructor earnings 113.40 TCSD instructor earnings 85.05 3,770.55 116108 OS/24/2007 002789 KIMCO STAFFING SERVICES INC Temp help ppe 5/6/07 Kodani, K 127.60 127.60 116109 OS/24/2007 003605 LAKE ELSINORE STORM High Hopes Excursion 6/8107 472.50 472.50 116110 OS/24/2007 000482 LEIGHTON CONSULTING INC Apr geotech svcs:education ctr 1,942.46 1,942.46 Page:6 apChkLst Final Check List Page: 7 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116111 OS/24/2007 009388 LETS GET PERSONAL Uniform shirts:b&s counter staff 682.90 682.90 116112 OS/24/2007 010656 LEUSCHEN, AI DEE TCSO Instructor Earnings 210.00 210.00 116113 OS/24/2007 004905 LIEBERT, CASSIDY & WHITMORE Apr HR legal svcs for TE06G-01 624.00 624.00 116114 OS/24/2007 011011 LIEBOWITZ, MARIAN Performance 6/1/07: Theater 1,000.00 1,000.00 116115 OS/24/2007 004174 LIGHT IMPRESSIONS photoguard storage: t. museum 145.97 145.97 116116 OS/24/2007 011030 MADISON SQUARE PROPERTIES, refund:ovrpmtl41707 \/\Iinchester Rd 99.00 99.00 INC 116117 OS/24/2007 004141 MAINTEX INC custodial supplies:Ubrary 231.67 custodial supplies:Park Sites 76.39 custodial supplies:City HalllWest \/\ling 34.16 342.22 116118 OS/24/2007 001967 MANPOWER TEMPORARY temp help w/e 05106 AC/OC 879.10 879.10 SERVICES 116119 OS/24/2007 004803 MAPLOGIC CORPORATION ArcGIS-30 Analyst- concurrent use 4,020.00 4,020.00 116120 OS/24/2007 000220 MAURICE PRINTERS INC "High Country" printing svcs:T. Museum 3,266.99 3,266.99 116121 OS/24/2007 000944 MCCAIN TRAFFIC SUPPLY INC supplies:pw traffic div 318.41 318.41 116122 OS/24/2007 005114 MCCARTHY, CATHY reimb:health permitlPBSP 74.00 74.00 116123 OS/24/2007 010945 MEDIA DISTRIBUTORS Audio Cases/SOL T Tapes:Council Mtgs 1,712.69 1,712.69 116124 OS/24/2007 010979 MEDIA STOP video production:every 15 min pgrm 760.00 760.00 116125 OS/24/2007 007210 MIDORI GARDENS Apr Idscp maint:Cityvvide Parks 67,139.28 irrigation repairs:Redhawk Park 4/5 277.63 irrigation repairs:Comm. Park 4/25 201.52 67,618.43 116126 OS/24/2007 008091 MILLMORE'S WAA CREW City vehicle detailing svcs:PI/V Oepts 100.00 100.00 116127 OS/24/2007 000973 MIRACLE RECREATION Playground Equip. Parts: Parks 897.09 897.09 EQUIPMENT Page:? apChkLst Final Check List Page: 8 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116128 OS/24/2007 001892 MOBILE MODULAR May modular bldg rental:Fire Stn 92 832.40 832.40 116129 OS/24/2007 010980 MONTIPOWER INC Misc Tools:Fire Stn 84 419.00 419.00 116130 OS/24/2007 003707 NAT'L ASSN OF PURCHASING Annl membership:MVollmuth 170.00 170.00 MGMT 116131 OS/24/2007 006087 NATURE WATCH Summer Camp supplies 137.83 137.83 116132 OS/24/2007 008820 NEIGHBORS NEWSPAPER Westem Day advertising: Old Town 250.00 250.00 116133 OS/24/2007 008528 NICHOLS, MELBURG & ROSETTO Sep Consulting:Civic Center 29,685.00 29,685.00 116134 OS/24/2007 002139 NORTH COUNTY TIMES Apr public ntc ads:Pln/City ClerklPW 1,618.98 1,618.98 116135 OS/24/2007 004401 NU VISION PRODUCTIONS photography/video srvcs:State/City Adr. 2,816.50 2,816.50 116136 OS/24/2007 003964 OFFICE DEPOT BUSINESS SVS office supplies:Police O.T.Storefront 307.63 307.63 DIV 116137 OS/24/2007 003964 OFFICE DEPOT BUSINESS SVS office supplies:Fire Stn 12 133.54 133.54 DIV 116138 OS/24/2007 006721 OFFICEMAX - A BOISE COMPANY office supplies:Finance 147.90 tackboard installed:Planning 145.65 credit:freight chrgslinV# 108533/Pln -90.00 203.55 116139 OS/24/2007 004473 OLD TOWN TEMECULA Westem Day performance 5/19-20/07 1,400.00 1,400.00 GUNFIGHTERS 116140 OS/24/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 34.27 City Vehicle Repair/Maint SVcs 34.27 68.54 116141 OS/24/2007 001171 ORIENTAL TRADING COMPANY misc supplies: 4th of July parade 145.42 145.42 INC 116142 OS/24/2007 008871 ORIGINAL LIFEGUARD INC Lifeguard uniforms:aquatics pgrm 2,479.55 2,479.55 116143 OS/24/2007 004389 OUT OF THE ORDINARY Deposit/Finance teambldg 6/13/07 1,400.00 1,400.00 116144 OS/24/2007 002256 P & D CONSULTANTS INC Apr inspection srvcs: B.Henderson 12,042.84 12,042.84 Page:8 apChkLst Final Check List Page: 9 OS/24/2007 2:00:06PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116145 OS/24/2007 004805 PEACOCK ENTERPRISES INC toner for Finance printer 521.51 521.51 116146 OS/24/2007 007517 PECHANGA RESORT & CASINO Deposit :facility rental/ee holiday event 1,000.00 1,000.00 116147 OS/24/2007 000249 PETTY CASH Petty Cash Reimbursement 582.09 582.09 116148 OS/24/2007 010801 PICTON PRESS Genealogy Books: Library 66.35 66.35 116149 OS/24/2007 001999 PITNEY BOWES Jun-Sep postage meter rental:Stn 84 105.55 105.55 116150 OS/24/2007 010274 PREMIER COMMERICAl BANK rei/escrow #2004398:79S Medians 377.40 377.40 116151 OS/24/2007 008856 PROFIT SYSTEMS, INC. 617/07-6/6/08 software protection plan 530.00 530.00 116152 OS/24/2007 009748 R K R MEDIA ASSOCIATES INC recognition shirts:H.R. Dept 138.80 138.80 116153 OS/24/2007 000728 RAMSEY BACKFlOW & backflow repair & test:medianslparks 890.00 890.00 PLUMBING 116154 OS/24/2007 002072 RANCHO CALIF WATER DIST- inspect fees:79S medians & 1-15/Btrfld 840.30 840.30 FEES 116155 OS/24/2007 000526 REGENTS OF UNIVERSITY OF Comm Redev in Ca:6/7-8/07 K.LeComte 370.00 370.00 CALIF 116156 OS/24/2007 002110 RENTAL SERVICE rental equip:PWMaint 43.10 43.10 CORPORATION 116157 OS/24/2007 004498 REPUBLIC INTELLIGENT add'l Apr street light maint:Citywide 888.50 add'l Apr traf sgnl call outslrepairs:pw 249.38 1,137.88 116158 OS/24/2007 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 122.50 458.50 116159 OS/24/2007 010982 RICHARDS, WALTER S. Westem Day performance 5/19/07 500.00 500.00 116160 OS/24/2007 000352 RIVERSIDE CO ASSESSOR Apr assessors maps:Bldg & Safety 87.00 87.00 116161 OS/24/2007 000411 RIVERSIDE CO FLOOD CONTROL planslPech.Pkwy ph I & II storm drain 119.10 119.10 Page:9 apChkLst Final Check List Page: 10 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116162 OS/24/2007 001365 RIVERSIDE COUNTY OF renew permit:TES pool 285.00 285.00 116163 OS/24/2007 001097 ROADLlNE PRODUCTS INC stencil truck supplies:pw maint 281.89 281.89 116164 OS/24/2007 010089 SECURITAS SECURITY SRVCS 4/27-513107 security svcs:Fire Stn 95 1,361.89 1,361.89 USA 116165 OS/24/2007 000645 SMART & FINAL INC misc supplies: F.I.T. pgrm 82.41 82.41 116166 OS/24/2007 000537 SO CALIF EDISON May 2-00-397-5059 various mtrs 12,375.88 May 2-25-393-4681 TES Pool 768.29 May 2-28-397-1315 Redhawk Pkwy 14.85 13,159.02 116167 OS/24/2007 001212 SO CALIF GAS COMPANY May 055-475-6169-5 PBSP 188.42 188.42 116168 OS/24/2007 000519 SOUTH COUNTY PEST CONTROL Apr pest Control svcs:City Facilities 451.00 INC May pest control svcs: library 90.00 541.00 116169 OS/24/2007 004282 SOUTHWEST TRAFFIC SYSTEMS vehicle equipmentpw traffic div 3,975.00 3,975.00 116170 OS/24/2007 000293 STADIUM PIZZA INC rfrshmnts:team bldg/C.Museum 52.82 52.82 116171 OS/24/2007 003840 STRONGS PAINTING painting svcs:Vail Rnch/monument walls 1,000.00 1,000.00 116172 OS/24/2007 002651 SUN BADGE COMPANY City badges:park rangers 229.23 229.23 116173 OS/24/2007 009937 SUPPLY CACHE, THE training supplies:fire explorer pgrm 300.75 300.75 116174 OS/24/2007 010924 T & D COMMUNICATIONS, INC. Cable/wires for \/\IIf Crk Fire Stn 9,713.32 9,713.32 116175 OS/24/2007 000305 TARGET BANK BUS CARD SRVCS misc supplies: Library 466.43 misc supplies:Parent & Me pgrm 72.01 misc supplies:park ranger's 12.26 550.70 116176 OS/24/2007 010191 TAYLOR, JUDY Westem Day performance 5/19-20/07 1,300.00 1,300.00 116177 OS/24/2007 010679 TEMECULA AUTO City Vehicle RepairlMaint:Fire Prey 77778 REPAIR/RADIATOR City Vehicle Repair/Maint:Fire Prey 150.27 928.05 116178 OS/24/2007 001919 TEMECULA SENIOR CTR & FOOD FY 06/07 community svc funding award 5,000.00 5,000.00 BNK Page:10 apChkLst Final Check List Page: 11 OS/24/2007 2:00:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116179 OS/24/2007 000307 TEMECULA TROPHY COMPANY Father/Daughter Date Nights supplies 21.55 21.55 116180 OS/24/2007 010046 TEMECULA VALLEY Mar '07 Bus. ImplY District Asmnts 52,720.84 CONVENTION & Feb '07 Bus. ImplY District Asmnts 44,310.79 97,031.63 116181 OS/24/2007 000312 TEMECULA VALLEY PLAYHOUSE B.L.W.H.in Texas prod. 4/27-5/13/07 13,902.52 13,902.52 116182 OS/24/2007 004274 TEMECULA VALLEY SECURITY locksmith svcs:Theater 145.00 CENTR walk thru to check alllocks:library 120.00 locksm ith svcs: Margarita Park 100.04 safe repair parts:skate park 90.00 455.04 116183 OS/24/2007 011029 TEMEUCULA'S ELITE, LLC refund:conditional use permit/28182 951.00 951.00 116184 OS/24/2007 010276 TIME WARNER CABLE Final pmt high speed internet theater 133.87 5/15-6/14 high speed internet stn 92 44.95 5/11-6/10 high speed internet RR 44.95 223.77 116185 OS/24/2007 007433 TOVEY SHULTZ CONSTRUCTION Apr prgs pmt #9:Field Operations Ctr 302,900.02 302,900.02 INC 116186 OS/24/2007 009523 TUTORWHIZ TCSD Instructor Earnings 102.90 TCSD Instructor Earnings 34.30 137.20 116187 OS/24/2007 007118 US TELPACIFIC CORPORATION May Intemet IP Addresses Block 1,566.19 1,566.19 116188 OS/24/2007 008517 UNITED SITE SERVICES OF 4/28-5/25/07 Sec.Fencing:Educ.Ctr 298.68 298.68 CA,INC 116189 OS/24/2007 004261 VERIZON May xxx-0073 general usage 249.10 May xxx-6812 General usage 89.93 May xxx-4723 Police Storefront 68.26 May xxx-391 0 1 st st Irrigation 36.30 May xxx-7562 irrigation controller 35.55 May xxx-2372 \/\IIf Crk Irrg Cntrl 33.07 May xxx-8573 general usage 33.07 May xxx-5473 Moraga Rd 33.07 578.35 116190 OS/24/2007 009101 VISION ONE INC Apr Showare ticketing sIYcs:theater 894.00 894.00 116191 OS/24/2007 001890 VORTEX DOORS Door MaintCity Hall 668.99 668.99 116192 OS/24/2007 003730 WEST COAST ARBORISTS INC 4/1-15/07 tree trimming seIY: slopes 588.75 4/16-30/07 Citywide tree maint svcs 157.50 746.25 Page:11 apChkLst OS/24/2007 2:00:06PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 116193 OS/24/2007 003776 ZOLL MEDICAL CORPORATION Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Page: 12 Check Total medical supplies:Paramedics 355.32 355.32 1,451,608.40 Grand total for UNION BANK OF CALIFORNIA: Page:12 apChkLst OS/24/2007 2:00:06PM Final Check List CITY OF TEMECULA Page: 13 155 checks in this report. Grand Total All Checks: 1.451,608.40 Page:13 apChkLst Final Check List Page: 1 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 866 05/31/2007 000444 INSTATAX (EDD) State Disability Ins Payment 20,790.77 20,790.77 867 05/31/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 82,888.91 82,888.91 868 05/31/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 117,231.95 117,231.95 RETIREMENT) 869 05/31/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,269.24 4,269.24 NATIONWIDE RETIREMENT 116194 05/30/2007 002185 POSTMASTER Postage:TCSD S/F '07 Brochures 6,013.10 6,013.10 116195 05/31/2007 008698 ADVANCED APPLIED Apr engltraffic surveys: PW 2,440.00 2,440.00 ENGINEERING 116196 05/31/2007 008595 AMERICAN INTL GROUP INC Worker's Camp May 2007 36,615.00 36,615.00 116197 05/31/2007 007280 AMERICAN MEDICAL RESPONSE- Heartsaver AED CPR cards:Fire 405.00 405.00 AMR 116198 05/31/2007 000101 APPLE ON E INC temp help w/e 05/12 L. Jepsen 300.40 300.40 116199 05/31/2007 003376 ARTS COUNCIL, THE Temecula Vlly Music Festival 5/18/07 1,668.40 1,668.40 116200 05/31/2007 002648 AUTO CLUB OF SOUTHERN mbrshp:Bill Taylor/Darrell Morelock 134.00 134.00 CALIF 116201 05/31/2007 004262 BIO-TOX LABORATORIES DUI drug & alcohol screening:Police 814.78 DUI drug & alcohol screening:Police 472.00 DUI drug & alcohol screening:Police 251.80 1,538.58 116202 05/31/2007 005716 BIRTH CHOICE OF TEMECULA Refund:Security Dep RRSP 4/29 150.00 150.00 116203 05/31/2007 004176 BROADWING Long distance & internet svcs 750.98 750.98 TELECOMMUNICATIONS 116204 05/31/2007 005063 CELSOC publication:subdivision map/index:PW 72.65 72.65 116205 05/31/2007 001178 C M S BUSINESS FORMS INC citation forms: park rangers 768.17 citation forms: park rangers 687.00 1,455.17 Page:1 apChkLst Final Check List Page: 2 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116206 05/31/2007 003138 CAL MAT PW patch truck materials 1,160.19 PW patch truck materials 645.96 PW patch truck materials 377.92 PW patch truck materials 281.05 PW patch truck materials 252.31 2,717.43 116207 05/31/2007 004248 CALIF DEPT OF JUSTICE- Mar DUI Drug & Alcohol Screening:Police 1,785.00 1,785.00 ACCTING 116208 05/31/2007 004971 CANON FINANCIAL SERVICES, Jun copier lease for City facilities 4,744.84 INC May copier lease agrmnt: stn 12 69.96 4,814.80 116209 05/31/2007 011056 CAREY, CARL ReimbNtl APA Conf:4/13-18:Phil,PA 744.96 744.96 116210 05/31/2007 010434 CATERERS CAFE Refreshments:Mother/Son Date Ngt 605.31 605.31 116211 05/31/2007 010214 CHILDRENS HOSPITAL- SAN exam services:Police 3/20/07 15.00 15.00 DIEGO 116212 05/31/2007 006380 CHURCH OF RELIGIOUS Refund:Security Dep Mrgta Pk 5/6 150.00 150.00 SCIENCE 116213 05/31/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 73.00 73.00 116214 05/31/2007 000442 COMPUTER ALERT SYSTEMS alarm system batteries:Maint Fac 108.19 108.19 116215 05/31/2007 011044 CRESS, GENDONG Refund: Brian-Tiny Tots 43.00 43.00 116216 05/31/2007 011045 CUNDALL, ARLENE Refund:CRC Rental 5/13/07 318.00 318.00 116217 05/31/2007 009831 D R HORTON AMERICA'S Refund:31074 Strawberry Tree Ln 252,386.83 BUILDER Refund:Permit Plex Changes 73,897.90 Refund:Permits B06-3109, 3110, 3111 6,638.61 332,923.34 116218 05/31/2007 003272 DAISYWHEEL RIBBON Plotter Paper & Ink: GIS 136.77 136.77 COMPANY INC 116219 05/31/2007 011046 DALTON, KRISTEN Refund:Security Dep TCC 4/28/07 150.00 150.00 116220 05/31/2007 002990 DAVID TURCH & ASSOCIATES Jun federal lobbyist svcs: CM 3,350.00 3,350.00 Page2 apChkLst Final Check List Page: 3 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116221 05/31/2007 003945 DIAMOND ENVIRONMENTAL Portable toilets:Bluegrass Festival 992.43 SRVCS June portable restrooms: Rdhwk Prk 59.02 June portable restrooms: Veterans Prk 57.98 June portable restrooms: Lng Cyn Prk 57.98 June portable restrooms: Riverton Prk 57.98 June portable restrooms: V. Ranch Prk 57.98 1,283.37 116222 05/31/2007 007782 DONAHOO, ANDREA Refund: Eric-Lifeguard Training 130.00 130.00 116223 05/31/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:Police 93.25 93.25 INC 116224 05/31/2007 001669 DUNN EDWARDS CORPORATION Graffiti removal supplies: PW 61.67 Graffiti removal supplies: PW 8.20 69.87 116225 05/31/2007 002390 EASTERN MUNICIPAL WATER May 95366-02 Diego Dr Ldscp 344.99 344.99 DIST 116226 05/31/2007 011047 ELLIOT, ALEXA Refund: Ballroom Dance Lessons 19.00 19.00 116227 05/31/2007 002939 ENVIRONMENTAL SYSTEMS ESRI Training: KB/JD/AM 950.00 950.00 RESEARCH 116228 05/31/2007 001056 EXCEL LANDSCAPE Irrigation repair: slopes 229.90 229.90 116229 05/31/2007 000206 FEDEX KINKOS INC paper/office supplies: Cntrl Svcs 71.38 71.38 116230 05/31/2007 004000 FENCING BY ACREY INC Res Imp Prgm: Reilly, Jeff and Christina 1,531.00 1,531.00 116231 05/31/2007 009632 FOG COAT CORPORATION Res Imp Pgm:Anderson,Jerry/Maria 2,650.00 2,650.00 116232 05/31/2007 010493 FOREST CITY COMMERCIAL Jun lease pmt:Police Mall Storefront 1,458.33 1,458.33 MGMT 116233 05/31/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 116234 05/31/2007 010028 G M BUSINESS INTERIORS Furniture and installation: Library 2,524.40 Office Equipment: Planning 1,477.79 4,002.19 116235 05/31/2007 007279 GAIL MATERIALS INC Hilltopper mound c1ay:Hrvstn Park 1,035.39 1,035.39 Page:3 apChklst Final Check List Page: 4 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116236 05/31/2007 004910 GLOBAL EQUIPMENT COMPANY Wet dry shop vac: Central Svcs 155.58 INC Steel hand truck: Central Svcs 96.69 252.27 116237 05/31/2007 005947 GOLDEN STATE OVERNIGHT 5/1-5/15 express mail svc:Fire 56.76 56.76 116238 05/31/2007 000711 GRAPHICS UNLIMITED Printed Vinyl labels: Library 1,468.63 LITHOGRAPHY Cert/Proclamations City Seal Stickers 1,065.65 2,534.28 116239 05/31/2007 011048 GROVE, BETTE Refund:Security Dep CRC 4/28/07 150.00 150.00 116240 05/31/2007 005157 GUERRIERO, RON ReimbNtl APA Conf:4/13-18:Phil,PA 981.32 981.32 116241 05/31/2007 010916 HARTER, STANLEY ReimbNtl APA Conf:4/13-18:Phil,PA 981.58 981.58 116242 05/31/2007 002126 HILL YARD FLOOR CARE SUPPLY cotton dust mops: CRC gym 71.68 71.68 116243 05/31/2007 005748 HODSON, CHERYL A. Support Payment 6.38 6.38 116244 05/31/2007 001158 HOLIDAY INN htl:Safety Cnf S.Dakin/D.Fulcher 270.60 270.60 116245 05/31/2007 003198 HOME DEPOT, THE Hardware Supplies: Library 259.11 259.11 116246 05/31/2007 010550 HOME DEPOT, THE hardware supplies: PW 559.44 hardware supplies: PW 111.89 671.33 116247 05/31/2007 011049 HOSPICE OF THE VALLEY Refund:Security Dep RRPS 4/28/07 150.00 150.00 116248 05/31/2007 001573 INLAND EMPIRE FILM 08-09 I.E. Film Production Guide 2,750.00 2,750.00 COMMISSION 116249 05/31/2007 006914 INNOVATIVE DOCUMENT Canon multi print servers:B&S 2,745.47 2,745.47 SOLUTIONS 116250 05/31/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crcltes 238.14 238.14 INC 116251 05/31/2007 011001 INTL HOTEL ASSOCIATES NO 5 htl:6/19-6/21 A.Matthews conference 461.90 htl:6/17-6120 J.DeGange conference 434.28 896.18 116252 05/31/2007 006766 INTL RIGHT OF WAY membership:C.Chiodo #142975 chpt 57 210.00 210.00 ASSOC(IRWA) Page:4 apChkLst Final Check List Page: 5 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116253 05/31/2007 003266 IRON MOUNTAIN OFFSITE IS backup tape storage:Records 374.00 374.00 116254 05/31/2007 001186 IRWIN, JOHN TCSD instructor earnings 516.60 TCSD instructor earnings 373.80 890.40 116255 05/31/2007 003861 JAM S ENDISPUTES Admin hearing officer:code enforce 3,950.00 Credit: 4/24 Admin Hearing canceled -1,800.00 2,150.00 116256 05/31/2007 011050 JACKS, CAROL Refund:Superstars of Country 72.00 72. 00 116257 05/31/2007 010779 JANAWAY PUBLISHING INC genealogy book collection:Library 47.14 47.14 116258 05/31/2007 010412 JOHNSON POWER SYSTEMS Preventative maint: generators xx049 200.00 Preventative maint: generators xx422 200.00 Preventative maint: generators xx769 200.00 600.00 116259 05/31/2007 005974 JUDGE NETTING INC ball field poles for netting:RRSP 23,700.00 23,700.00 116260 05/31/2007 003046 K FRO G 95.1 FM RADIO Broadcasting: Western Days 1,002.00 1,002.00 116261 05/31/2007 004481 KIMLEY HORN & ASSOCIATES Apr eng/design svc:Santiago Basin 19,945.00 19,945.00 INC 116262 05/31/2007 010965 KODIMER, CHARLES Old Town business relocation exp 11,084.82 11,084.82 116263 05/31/2007 010120 L G C INLAND INC Apr geotech/material testing: PW 6,464.46 6,464.46 116264 05/31/2007 011052 LARSON, KATEY Refund:lt's A Dog World Training 175.00 175.00 116265 05/31/2007 002863 LAWSON PRODUCTS INC hardware supplies: PW 1,363.32 1,363.32 116266 05/31/2007 008892 LIBERTY COLLISION CENTER INC Vehicle door repair: Code Enf 988.44 988.44 116267 05/31/2007 002634 L1TELlNES INC light fixture lens:Winchester Park 123.87 123.87 PageS apChkLst Final Check List Page: 6 05/3112007 3:30:17PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116268 05/31/2007 006897 lORY, SUSAN, J. TCSD instructor earnings 403.20 TCSD instructor earnings 382.20 TCSD instructor earnings 369.60 TCSD instructor earnings 364.00 TCSD instructor earnings 352.80 TCSD instructor earnings 315.00 TCSD instructor earnings 315.00 TCSD instructor earnings 315.00 TCSD instructor earnings 302.40 TCSD instructor earnings 196.00 TCSD instructor earnings 196.00 TCSD instructor earnings 175.00 TCSD instructor earnings 175.00 TCSD instructor earnings 140.00 TCSD instructor earnings 122.50 4,123.70 116269 05/31/2007 004087 LOWES INC Office equipment: Sports Prgm 329.72 hardware supplies: theater 105.30 hardware supplies: theater 29.67 464.69 116270 05/31/2007 011010 lUlA WASHINGTON Theater Periormances:6/15-6/16 14,500.00 14,500.00 CONTEMPORARY 116271 05/31/2007 010204 M T G l INC Apr geotech srvcs:Field Oper Ctr ph II 1,531.75 1,531.75 116272 05/31/2007 004141 MAINTEX INC custodial supplies:Park Sites 508.63 custodial supplies:West \/\ling 424.19 custodial supplies:MPSC 300.78 custodial supplies:City Hall 265.60 custodial supplies:T. Museum 219.03 1,718.23 116273 05/31/2007 011055 MAllARI, VERONICA refund:sec.depositlCRC 3/22/07 150.00 150.00 116274 05/31/2007 001967 MANPOWER TEMPORARY temp help w/e 05/13 Carpenter, A. 655.60 655.60 SERVICES 116275 05/31/2007 004307 MARINE BIOCHEMISTS May water maint:Harveston/Duck Pond 4,855.00 4,855.00 116276 05/31/2007 004929 MARK FISHER COMPANY, THE Full page display ad:Econ Dev 808.00 808.00 116277 05/31/2007 002693 MATROS, ANDREA TCSD Instructor Earnings 136.50 TCSD Instructor Earnings 87.50 224.00 116278 05/31/2007 011041 MillER, SCOTT C. Prince of Piano thtr peri. 5/17/07 653.30 653.30 Page:6 apChkLst Final Check List Page: 7 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116279 05/31/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 175.00 175.00 116280 05/31/2007 001384 MINUTEMAN PRESS business cards:PW Dept Staff 507.29 business cards/stationery:Bldg & Safety 223.48 business cards:L. Bahr 43.37 774.14 116281 05/31/2007 011051 MITCHELL, BURKE refund:crafty kids 5.00 refund:amazing chefs 5.00 10.00 116282 05/31/2007 011043 MUSIC MACHINE Every 15 Minutes Prgm CD's 300.00 300.00 116283 05/31/2007 001986 MUZAK -SOUTHERN CALIFORNIA Jun "on-hold" phone music:City Fac's 131.72 131.72 116284 05/31/2007 006087 NATURE WATCH Summer Camp Supplies:T. Museum 221.60 221.60 116285 05/31/2007 010167 ODYSSEY POWER UPS/HVAC PM maint. inspection:Library 1,794.00 CORPORATION Mar-Jun '07 UPS PM/HVAC inspections 225.00 2,019.00 116286 05/31/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 180.00 City Vehicle Repair/Maint SVcs 51.40 City Vehicle Repair/Maint SVcs 34.27 City Vehicle Repair/Maint SVcs 34.27 299.94 116287 05/31/2007 009694 ONSTAGE MUSICALS The Little Princess thtr prod. 5120/07 3,776.54 3,776.54 116288 05/31/2007 002652 PAT & OSCARS RESTAURANT rirshmnts:Every 15 Min Prgm 5/30-31/07 997.95 997.95 116289 05/31/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 220.12 220.12 PROGRAM 116290 05/31/2007 000249 PETTY CASH Petty Cash Reimbursement 297.57 297.57 116291 05/31/2007 010510 PFF BANK & TRUST retention/escrow #34-01 022:wc fire stn 46,050.59 46,050.59 116292 05/31/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplieslchemicals:CRCfTES 184.72 INC pool supplieslchemicals:CRCfTES 22.54 pool supplieslchemicals:CRCfTES 14.11 221.37 116293 05/31/2007 002354 POSITIVE PROMOTIONS misc supplies:FIT pgrm 2,355.95 2,355.95 116294 05/31/2007 000254 PRESS ENTERPRISE COMPANY Apr display ads:TCSD/Econ Dev 2,459.35 INC credit:price correction/Econ Dev -1,020.25 1,439.10 Page:? apChkLst Final Check List Page: 8 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116295 05/31/2007 009606 PUBLIC RESOURCE MGMT financial consulting srvcs:Finance 10,800.00 10,800.00 GROUP LLC 116296 05/31/2007 004519 PYRO SPECTACULARS INC Deposit:fireworks display:4th of July 15,750.00 15,750.00 116297 05/31/2007 002612 RADIO SHACK INC Computer Supplies:lnfo Sys. 42.41 42.41 116298 05/31/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 16,776.57 Various TCSD Water Meters 2,669.68 May 01-04-47210-0 T.E.S. Pool 981.67 Various Fire Water Meters 356.53 May 01-08-38009-0 Fire Stn 92 81.97 May 01-04-10033-2 Margarita Rd 46.76 Apr 01-06-58200-3 Main St. 7.46 20,920.64 116299 05/31/2007 010917 RICHARDSON, PATRICK Reimb:CNU XV Conf:5/15-20:Phil,PA 423.21 423.21 116300 05/31/2007 011040 RIDER, CHERYL C. Evening w/M.Goldstein:Thtr 5/16/07 4,843.19 4,843.19 116301 05/31/2007 000267 RIVERSIDE CO FIRE Oct - Dec 2006 fire services 641,953.48 641 ,953.48 DEPARTMENT 116302 05/31/2007 003587 RIZZO CONSTRUCTION INC repair entrylexit gate:West Wing 280.00 280.00 116303 05/31/2007 010203 ROBERT CLAPPER CONST Apr prgs pmt# 8:w.c.fire stn pw01-11 414,455.42 414,455.42 SRVCSINC 116304 05/31/2007 000873 ROBERTS, RONALD H. Reimb:NLC Trnprt Comm:5/1G-13:MN 10.00 10.00 116305 05/31/2007 011033 RUITER, ERIC M. MC periormancelYouth Film Fest.5/29-30 200.00 200.00 116306 05/31/2007 011054 SCHAEFER, JANET refund:sr excursion/S.J.C. Mission 5/16 25.00 25.00 116307 05/31/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005033893 150.00 150.00 116308 05/31/2007 000537 SO CALIF EDISON May 2-02-351-4946 MPSC 1,074.40 May 2-18-937-3152 T.Museum 569.50 May 2-28-331-4847 Pauba Rd 265.45 Apr 2-27-643-1046 Main st. 132.71 May 2-19-171-8568 Wedding Chpl 74.03 May 2-21-981-4720 Hwy 79S 54.15 2,170.24 Page:8 apChkLst Final Check List Page: 9 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116309 05/31/2007 001212 SO CALIF GAS COMPANY May 091-024-9300-5 CRC 2,579.07 May 125-244-2108-3 Library 332.20 May 095-167-7907-2 Fire Stn 84 188.53 May 021-725-0775-4 MPSC 151.04 May 101-525-1560-6 Fire Stn 73 87.21 May 101-525-0950-0 TCC 71.09 May 026-671-2909-8 Theater 57.92 May 133-040-7373-0 Maint Fac 39.76 May 181-383-8881-6 T. Museum 33.58 May 196-025-0344-3 C. Museum 1.22 3,541.62 116310 05/31/2007 000519 SOUTH COUNTY PEST CONTROL pest control services:RedhaVV'k 94.00 94.00 INC 116311 05/31/2007 009379 SOUTHWEST WOMEN'S CHORUS Music Across America thtr prod. 5/19/07 526.61 526.61 116312 05/31/2007 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 235.20 TCSD Instructor Earnings 201.60 TCSD Instructor Earnings 168.00 604.80 116313 05/31/2007 000305 TARGET BANK BUS CARD SRVCS Cultural Arts recreation supplies 31.20 31.20 116314 05/31/2007 004274 TEMECULA VALLEY SECURITY locksmith srvcs:TCSD 123.81 CENTR locksm ith srvcs:fire stn 84 26.05 149.86 116315 05/31/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 81.90 TAEKWONDO TCSD Instructor Earnings 54.60 136.50 116316 05/31/2007 004030 TEMECULA VOLUNTEER FIRE reimb:certification!l-i. Barragan 52.00 52.00 DEPT 116317 05/31/2007 005994 TERRY'S VILLAGE recreation supplies:4th of July 104.30 recreation supplies:4th of July 102.65 206.95 116318 05/31/2007 003862 THYSSENKRUPP elevator fire testing:West \/\ling 5/15/07 86.27 86.27 ELEVATOR.BRNCH 37 116319 05/31/2007 010276 TIME WARNER CABLE 5/26-6/25 high speed internet MPSC 44.95 44.95 116320 05/31/2007 004145 TIME WARNER TELECOM May City phones general usage 1,032.75 1 ,032.75 116321 05/31/2007 005460 U S BANK AD161 R Series A,B,&C:apn xx-035-5 6,985.69 6,985.69 116322 05/31/2007 005460 U S BANK AD159R & AD159R-SA:apn xx-044-5 1,561.06 1,561.06 Page:9 apChkLst Final Check List 05/3112007 3:30:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 116323 05/31/2007 000325 UNITED WAY United Way Charities Payment 68.00 116324 05/31/2007 004261 VERIZON May xxx-0074 general usage 288.65 May xxx-3564 alarm 66.15 May xxx-0714 PO Mall Alarm 35.55 May xxx-3984 MNaggar 33.07 May xxx-6084 general usage 31.97 116325 05/31/2007 004789 VERIZON ONLINE Internet svcs/EOC backup @ Library 439.95 Internet svcs xx2527 Police OSL 39.95 116326 05/31/2007 001342 WAXIE SANITARY SUPPLY INC janitorial supplies:TCCfTheater 420.80 116327 05/31/2007 003730 WEST COAST ARBORISTS INC 4/16-30/07 tree trimming:Parks/Slopes 438.00 116328 05/31/2007 011053 WILLSON, ELLA refund:kinder kitchen 5.00 Page: 10 Grand total for UNION BANK OF CALIFORNIA: Check Total 68.00 455.39 479.90 420.80 438.00 5.00 1,938,727.97 Page:10 apChkLst 05/3112007 3:30:17PM Final Check List CITY OF TEMECULA Page: 11 139 checks in this report. Grand Total All Checks: 1 ,938,727.97 Page:11 I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /1/2 (l(L, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 12,2007 SUBJECT: City Treasurer's Report as of April 30, 2007 PREPARED BY: Rudy Graciano, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: Approve and file the City Treasurer's Report as of April 30, 2007. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LA IF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of April 30, 2007. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of April 30, 2007 City of Temecula, California Portfolio Management Portfolio Summary April 30, 2007 City of Temecula 43200 Business Park Drive P.O. Boxg033 Temecula,CA,g2Sg0 (%1)6g4--6430 p., Market 800k %01 Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv. Managed Pool Accolllts B9,228,411.91 B9,22B,411.91 B9,228,411.91 3B.42 , 4.725 4.790 Letter of Credit 300 300 300 0.00 , 0.000 0.000 Lccal Agercy Inv6<3tmert Funds 71,170,988.42 71,15B,335.30 71,170,988.42 37.45 , 5.150 5.222 FederalAgencyCallableSocuriti6<3 40,795,000.00 40,477,115.15 40,788,485.00 21.4B 1,178 '" 3925 3980 TreasuryCol{lonSocuriti6<3 825,000.00 809,232.BB 809,232.BB 0.43 m c,; 5.223 5.299 FederalAgencyBuletS~llities 3,000,000.00 3.004,070.00 3,000,000.00 1.58 no ,;; 4.B30 4.B94 InvestrnentContracts 5,OBB,488.lB 5,OBB.488.7B 5,OBB,488.lB 2.B7 9,33B 7,433 4.289 4.349 190,085,892.09 189,741,656.78 190,063,609.75 100.00% 517 30. 4.702 4.7fil Investments Cash and Accrued Interest Passbook/Chockirr;] 1,745,B29.90 1,745,B29.90 1,745.Bn90 1.753 1.777 (rKltircludooin'yieldcalculatioos) Accrued Interest at plfchase 232.50 2B2.5G Subtotal 1,745.892.40 1,745,892.40 Total Cash and Investments 191,831,521.99 191,487,549.18 191,809,502.15 517 30. 4.702 4.7fil Total Earnings April 30 Month Ending Fiscal Year To Date CurrentYear 755,S10.20 7,484,1gi.Q0 Average Daily Balance 191,596,519.35 189,531,270.44 Effective Rate of Return 4.80% 4.74% Reporting period 0410112007-0413012007 Portfolio TEME CP PM(PRF]Ml)Syrri1ep8.41.2D2a ReportVer.5.DD Run Date: D5I31!20D7. 18:D3 City of Temecula, California Portfolio Management Page 1 Portfolio Details - Investments April 30, 2007 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 104348013 01-2COI First American Treasury 09/01/2006 82,555.63 82,555.63 82,555.63 4.610 4.547 4.610 104348008 01-2 IMP First American Treasury 09/01/2006 239,787.73 239,787.73 239,787.73 4.610 4.547 4.610 104348006 01-2 RES A First American Treasury 09/01/2006 452,532.29 452,532.29 452,532.29 4.610 4.547 4.610 104348016 01-2 RES B First American Treasury 09/01/2006 208,319.51 208,319.51 208,319.51 4.610 4.547 4.610 104348000 01-2 SP TAX First American Treasury 09/01/2006 129,659.22 129,659.22 129,659.22 4.610 4.547 4.610 94669911 03-1 ACQA1 First American Treasury 4,085.61 4,085.61 4,085.61 4.610 4.547 4.610 94669921 03-1 ACQB1 First American Treasury 14,451.55 14,451.55 14,451.55 4.610 4.547 4.610 94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 5.880 5.799 5.880 94669906 03-1 RESA1 First American Treasury 0.01 0.01 0.01 4.740 4.675 4.740 94669916 03-1 RES B First American Treasury 238,292.79 238,292.79 238,292.79 4.610 4.547 4.610 744727000 03-1 SPTAX First American Treasury 205,911.53 205,911.53 205,911.53 4.610 4.547 4.610 793593011 03-2 ACQ First American Treasury 39,382,176.22 39,382,176.22 39,382,176.22 4.610 4.547 4.610 793593003 03-2 CAP I First American Treasury 48.50 48.50 48.50 4.620 4.557 4.620 793593009 03-2 EMW D First American Treasury 1,441,299.18 1,441,299.18 1,441,299.18 4.610 4.547 4.610 793593007 03-2 IMP First American Treasury 1,109,099.51 1,109,099.51 1,109,099.51 4.610 4.547 4.610 793593010 03-2 PW ADM First American Treasury 683,402.47 683,402.47 683,402.47 4.610 4.547 4.610 793593006 03-2 RES First American Treasury 3,656,800.31 3,656,800.31 3,656,800.31 4.610 4.547 4.610 793593000 03-2 SP TX First American Treasury 02/01/2007 123,217.97 123,217.97 123,217.97 4.610 4.547 4.610 744727011 03-3 ACQ 1 First American Treasury 8,694.97 8,694.97 8,694.97 4.610 4.547 4.610 744727002 03-3 BON D First American Treasury 0.51 0.51 0.51 3.920 3.866 3.920 744727007 03-3 CITY 1 First American Treasury 07/01/2006 87.12 87.12 87.12 4.610 4.547 4.610 744727009 03-3 EMW D 1 First American Treasury 817.77 817.77 817.77 4.610 4.547 4.610 744727000 03-3 SP TAX First American Treasury 221,392.62 221,392.62 221,392.62 4.610 4.547 4.610 94686001 03-4 ADMIN First American Treasury 17,102.97 17,102.97 17,102.97 4.610 4.547 4.610 94686005 03-4 PREPMT First American Treasury 3,893.26 3,893.26 3,893.26 4.610 4.547 4.610 94686000 03-4 REDEMP First American Treasury 26,671.91 26,671.91 26,671.91 4.610 4.547 4.610 94686006 03-4 RES First American Treasury 7,615.40 7,615.40 7,615.40 4.610 4.547 4.610 78776002 03-6 BON D First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 786776007 03-6 IMP First American Treasury 6,615.08 6,615.08 6,615.08 4.610 4.547 4.610 786776006 03-6 RES First American Treasury 348,645.05 348,645.05 348,645.05 4.610 4.547 4.610 786776000 03-6 SP TAX First American Treasury 13,330.11 13,330.11 13,330.11 4.610 4.547 4.610 95453510 88-12 BOND First American Treasury 93.16 93.16 93.16 4.600 4.537 4.600 95453515 88-12 DMR 1 First American Treasury 141,390.84 141,390.84 141,390.84 4.610 4.547 4.610 95453516 88-12 RES 1 First American Treasury 0.00 0.00 0.00 4.740 4.675 4.740 107886000 RDA 06 A INT First American Treasury 01/29/2007 26.26 26.26 26.26 4.610 4.547 4.610 107886008 RDA 06 CIP A First American Treasury 12/14/2006 170.24 170.24 170.24 4.610 4.547 4.610 107886018 RDA 06 CIP B First American Treasury 12/14/2006 320.86 320.86 320.86 4.610 4.547 4.610 107886009 RDA 06 COI A First American Treasury 12/14/2006 35,134.54 35,134.54 35,134.54 4.610 4.547 4.610 107886019 RDA 06 COI B First American Treasury 12/14/2006 6,205.28 6,205.28 6,205.28 4.610 4.547 4.610 Portlolio TEME CP Run Date: 05/31/2007-16:06 PM (PRF _PM2) SymRept 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments April 30, 2007 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886016 RDA 06 RES B First American Treasury 12/14/2006 4,667.90 4,667.90 4,667.90 4.610 4.547 4.610 94434160 RDA TABs INT First American Treasury 180.38 180.38 180.38 4.610 4.547 4.610 94432360 TCSD COPs IN First American Treasury 734.98 734.98 734.98 4.610 4.547 4.610 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 12/14/2006 17,597,532.51 17,597,532.51 17,597,532.51 5.222 5.150 5.222 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 12/14/2006 2,815,445.80 2,815,445.80 2,815,445.80 5.222 5.150 5.222 107886006 RDA 06 RES A MBIA Surety Bond 12/14/2006 1.00 1.00 1.00 2.190 2.160 2.190 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 --- Subtotal and Average 70,889,191.61 69,228,411.91 69,228,411.91 69,228,411.91 4.725 4.790 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 09/01/2006 1.00 1.00 1.00 0.000 0.000 793593006-2 02006 Citibank, NA 07/01/2006 1.00 1.00 1.00 0.000 0.000 793593006-1 02005 Ohio Savings Bank 07/01/2006 1.00 1.00 1.00 0.000 0.000 --- Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 Local Agency Investment Funds 94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 1,413,652.45 1,413,652.45 1,413,652.45 5.222 5.150 5.222 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,565,805.06 3,565,805.06 3,565,805.06 5.222 5.150 5.222 744727011-1 03-3 ACO 2 CA Local Agency Investment Fun 8,611,704.61 8,611,704.61 8,611,704.61 5.222 5.150 5.222 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,973,561.39 2,973,561.39 2,973,561.39 5.220 5.148 5.220 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 893,353.24 893,353.24 893,353.24 5.222 5.150 5.222 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 1,847,321.91 1,847,321.91 1,847,321.91 5.222 5.150 5.222 SYSCITY CITY CA Local Agency Investment Fun 37,139,380.35 37,128,887.69 37,139,380.35 5.222 5.150 5.222 SYSRDA RDA CA Local Agency Investment Fun 7,601,735.71 7,599,588.06 7,601,735.71 5.222 5.150 5.222 SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 5.129 5.059 5.129 SYSTCSD TCSD CA Local Agency Investment Fun 7,124,473.70 7,122,460.89 7,124,473.70 5.222 5.150 5.222 --- Subtotal and Average 71,590,144.21 71,170,988.42 71,156,335.30 71,170,988.42 5.150 5.222 Federal Agency Callable Securities 31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 2,000,620.00 2,000,000.00 5.500 5.425 5.500 1,632 10/19/2011 31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 999,380.00 1,000,000.00 5.250 5.178 5.250 927 11/13/2009 31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 1,998,760.00 2,000,000.00 5.400 5.326 5.400 1,723 01/18/2012 3133X55G9 01014 Federal Home Loan Bank 04108/2004 3,050,000.00 3,007,117.00 3,050,000.00 3.100 3.058 3.101 252 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04107/2004 2,965,000.00 2,921,444.15 2,965,000.00 3.000 2.960 3.001 251 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,956,890.00 3,000,000.00 3.000 2.960 3.001 241 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 985,630.00 1,000,000.00 3.000 2.960 3.001 241 12/28/2007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 985,940.00 1,000,000.00 3.150 3.108 3.151 258 01/14/2008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,970,620.00 2,000,000.00 3.070 3.029 3.071 259 01/15/2008 Portlolio TEME CP Run Date: 05/31/2007-16:06 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments April 30, 2007 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 985,630.00 1,000,000.00 3.125 3.083 3.126 260 01/16/2008 3133X5QF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,968,760.00 2,000,000.00 3.000 2.960 3.001 266 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,975,620.00 2,000,000.00 3.520 3.473 3.521 274 01/30/2008 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,991,570.00 2,997,360.00 4.250 4.238 4.296 99 08/08/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 957,302.40 960,000.00 4.380 4.320 4.380 136 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,984,070.00 2,998,125.00 4.375 4.347 4.407 234 12/21/2007 3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 618,065.60 620,000.00 4.400 4.340 4.400 150 09/28/2007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,988,120.00 2,000,000.00 4.500 4.438 4.500 332 03/28/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 993,750.00 1,000,000.00 4.230 4.174 4.232 241 12/28/2007 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 998,440.00 1,000,000.00 4.140 4.086 4.143 59 06/29/2007 3133XKGD1 01063 Federal Home Loan Bank 04125/2007 200,000.00 199,876.00 200,000.00 5.250 5.177 5.249 1,081 04/16/2010 3133XKGD1 01064 Federal Home Loan Bank 04/26/2007 1,000,000.00 999,380.00 1,000,000.00 5.250 5.177 5.249 1,081 04/16/2010 3133XKHB4 1061 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,000,310.00 1,000,000.00 5.250 5.178 5.250 351 04/16/2008 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,001,880.00 1,000,000.00 5.250 5.178 5.250 1,812 04/16/2012 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 996,320.00 998,000.00 3.750 3.784 3.837 94 08/03/2007 3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 995,600.00 1,000,000.00 4.050 3.993 4.048 146 09/24/2007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 996,020.00 1,000,000.00 4.375 4.315 4.375 170 10/18/2007 --- Subtotal and Average 39,573,255.83 40,795,000.00 40,477,115.15 40,788,485.00 3.925 3.980 448 Treasury Coupon Securities 9545315-2 02004 U.S. Treasury 03/14/2006 725,000.00 711,635.66 711,635.66 3.750 4.586 4.650 3BO 05/15/2008 912795ZS3 02009 U.S. Treasury 01/29/2007 100,000.00 97,597.00 97,597.00 4.860 9.891 10.028 B6 07/26/2007 --- Subtotal and Average 809,232.66 825,000.00 809,232.66 809,232.66 5.226 5.299 345 Federal Agency Bullet Securities 31331SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 998,750.00 1,000,000.00 3.820 3.768 3.820 31 06/01/2007 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,005,630.00 1,000,000.00 5.000 4.933 5.002 1,121 OS/26/2010 3133XJRX8 01060 Federal Home Loan Bank 01/30/2007 1,000,000.00 999,690.00 1,000,000.00 5.250 5.189 5.261 213 11/30/2007 --- Subtotal and Average 3,500,000.00 3,000,000.00 3,004,070.00 3,000,000.00 4.630 4.694 455 Investment Contracts 94669906-1 03-1 RESA2 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,619 08/31/2033 744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,984 08/31/2034 9545315-1 88-12 DMR2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,776 09/01/2017 95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 3,776 09/01/2017 --- Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,433 Run Date: 05/31/2007-16:06 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2007 Purchase Date Par Value Market Value Stated Book Value Rate Page 4 YTM 360 YTM Days to 365 Maturity 304 Run Date: 05/31/2007-16:06 Total and Average 191,596,519.35 190,085,892.09 189,741,656.78 190,063,609.75 4.702 4.767 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash April 30, 2007 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Market Value Retention Escrow Account SYSBARN HART 1 BARN HART 1 California Bank & Trust 132,301.17 132,301.17 SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 113,035.31 113,035.31 PREMIER BANK PREMIER BANK PREMIER BANK 08/18/2006 433,546.58 433,546.58 PFF BANK & TRUS PFF BANK PFF BANK & TRUST 11/13/2006 228,629.57 228,629.57 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2006 2,710.00 2,710.00 SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2006 6,208.91 6,208.91 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2006 804,680.36 804,680.36 OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 07/01/2006 0.00 0.00 SYSParking Ck PARKING CITA Union Bank of California 07/01/2006 24,518.00 24,518.00 Average Balance 0.00 Accrued Interest at Purchase 262.50 Subtotal 1,745,892.40 Total Cash and Investmentss 191,596,519.35 191,831,521.99 191,487,549.18 Run Date: 05/31/2007-16:06 Page 5 Stated YTM YTM Days to Book Value Rate 360 365 Maturity 132,301.17 3.000 2.959 3.000 113,035.31 1.250 1.233 1.250 433,546.58 5.000 4.932 5.000 228,629.57 1.736 1.712 1.736 2,710.00 6,208.91 804,680.36 0.00 24,518.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 262.50 1,745,892.40 191,809,502.15 4.702 4.767 304 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a CASH AND INVESTMENTS REPORT CITY OF TEMECULA THROUGH APRIL 2007 001 GENERAL FUND 101 STATE TRANSPORTATION FUND 120 DEVELOPMENT IMPACT FUND 150 AB 2766 FUND 165 RDA DEV LOW/MOD 20% SET ASIDE 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 272 CFD 01-2 HARVESTON A&B IMPROVEMENT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 277 CFD-RORIPAUGH 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA 2002 TABS DEBT SERVICE 390 TCSD 2001 COP'S DEBT SERVICE 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD- RORIPAUGH Fund Total 44,127,080.66 6,755.82 8,728,985.96 356,022.94 8,267,849.52 4,861,172.92 329,120.36 2,477.24 1,345.15 26,916.36 37,540.89 273,162.84 800,628.61 21,569,830.16 239,787.73 4,997,994.67 12,488,219.10 1,853,936.99 41,932,574.91 21,791,138.80 1,287,027.81 529,699.36 933,610.88 276,398.57 152,529.41 1,915,023.01 10,368.97 3,622,136.77 979,701.90 1,450,934.74 173,559.52 2,449,265.41 373,131.70 4,641,619.50 191,487,549.18 I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager f)I-.('" liJL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: June 12,2007 SUBJECT: Resolution Adopting FY 2007-2008 Solid Waste Rates PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2007 -2008 BACKGROUND: Pursuantto the existing solid waste franchise agreement with CR&R, Incorporated, the rates charged for refuse collection and recycling for residential and commercial services in the City of Temecula are subject to annual review and modification. The franchise agreement provides for adjustments based upon changes in the Consumer Price Index (CPI), #2 Diesel Fuellndex,(both provided by the U.S. Department of Labor) and changes to the Riverside County Landfill Tip Fees. The annual average CPI increase as reported by the U.S. Department of Labor Bureau of Labor Statistics-Los Angeles-Riverside-Orange Co; for All Urban Consumers is 4.3%. The #2 Diesel Fuel Index increased by 14.7% in calendar year 2006. The County of Riverside Waste Management Department has increased their tip fee for FY 2007-2008 at their landfills by 3.3% or $0.81 increase per ton. The solid waste commercial rates for fiscal year 2007-2008 reflect an approximate 3.9% overall increase from FY 2006-2007. The TCSD Board of Directors are scheduled to review the single- family residential refuse and recycling collection rate on June 12, 2007 as part of the proposed TCSD Rates and Charges for FY 2007-2008. The attached Exhibit "D" reflects the new rates for solid waste collection for all collection services to become effective July 1,2007. FISCAL IMPACT: No additional costs will be borne by the CityofTemecula since these services are paid for directly by the customers receiving the services. ATTACHMENTS: Resolution Revised Exhibit "D" Consumer Price Index - U.S. Department of Labor #2 Diesel Fuel Data - U.S. Department of Labor RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVE THE SOLID WASTE RATES FOR FISCAL YEAR 2007 -2008 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula (the "City") and C R & R Incorporated (The "Grantee") entered into an exclusive agreement on May 28, 1991 for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/roll off services in the City. A. The franchise agreement provides for periodic rate adjustments based on certain predefined criteria, specifically the annual average change in Consumer Price Index ("CPI"), percent change to #2 Diesel Fuel Index and the Riverside County landfill tipping fee adjustments. B. The franchise agreement further provides a formula to calculate the fee adjustments to be made to the agreement on an annual basis using the following factors: a. The CPI adjustment of 4.3% will be used for Fiscal Year 2007-2008 rates. b. The #2 Diesel Fuel Index adjustment of 14.7% will be used for Fiscal Year 2007-2008 rates. c. The County of Riverside Waste Management Department landfill tip fee adjustment of 3.% will be used for Fiscal Year 2007-2008 rates. C. The franchise agreement provides that the solid waste fee adjustments are to be adopted by the City Council by Resolution. Section 2. That the City of Temecula approves the solid waste fee adjustments as shown in Exhibit "D" for fiscal year 2007-2008. Section 3. The City Clerk shall certify to the passage and adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of June , 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY of TEMECULA Exhibit "D" Schedule of Rates (effective July I, 2007) 1. Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate: $ 17.27 2. Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate: $ 17.27 3. Mechanized single family detached residential additional refuse, and composting container grantee billing Monthly Rate: $ 7.27 4. Single family detached residential additional bulky item pick up - grantee billing Pick Up Rate: $ 8.69 5. CommerciaL industrial, and multi-family residential refuse monthly bin rates ( one 2 cubic yard bin) with the following pick ups per week: I x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week $ 81.94 $ 163.88 $ 245.82 $ 327.76 $ 409.70 $ 491.64 $ 573.58 Compacted 2 Cubic Yard monthly rate: 2.5 x monthly rate 6. Commercial, industrial, and multi-family residential refuse monthly bin rates (one 3 cubic yard bin) with the following pick ups per week: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week Compacted 3 Cubic Yard monthly: $ 94.48 $ 188.96 $ 283.44 $ 377.92 $ 472.40 $ 566.88 $ 661.36 2.5 x monthly rate 7. Commercial, industrial, and multi-family residential recvclin\:,.monthly bin rates ( one 3 cubic yard bin) with the following pick ups per week: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week $ 42.08 $ 84.16 $ 126.24 $ 168.32 $ 210.40 $ 252.48 $ 294.56 8. Commercial, industrial, and multi-family residential refuse monthly bin rates ( one 4 cubic yard bin) with the following pick ups per week: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week Compacted 4 Cubic Yard monthly rate: $ 107.06 $214.12 $ 321.18 $ 428.24 $ 535.30 $ 642.36 $ 749.42 2.5 x monthly rate 9. Commercial, industrial, and multi-family residential recvclin!! monthly bin rates ( one 4 cubic yard bin) with the following pick ups per week: 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week Temporary 3 cubic yard bin rate: ElI-1ra 3 cubic yard pick up: Redeliver and reinstatement rate: Roll-off disposal rate: Roll-off recycling rate: Roll-off compactor rate: Roll-off recycling compactor rate: "Hard to service" vehicle usage rate: "Hard to service" bin moving rate: Special bin lids (locking/CBL) rate: Deodorizing / replacing bin rate: ElI-1ra pick-up on the service day (up to 10 bags): ElI-1ra pick-up not on the service day (up to 10 bags): E-Waste pick-up: $ 55.72 $111.44 $167.16 $222.88 $278.60 $334.32 $390.04 $ 82.87 per load $ 43.84 pick up $ 34.87 per occurrence $195.50 MRF/landfill fee $195.50 plus market valve $272.20 MRF/landfill fee $272.20 plus market valve no charge no charge no charge no charge $10.00 $25.00 $15.00 per item 'Hll!l~~~~ ::ai 5:221\1'" i a. ~iDiD.,~ ~ca~i&iA S!"CI) Smm!ll Iltf:5!l ;;; ~ ~~~.n~H~ ~=iO~a; cD~cDcOcD ii)ocO ..( 2 iiS2~ a::!!3S ~:g:~! of8g;~ ~ ~ t:~t:t:~ t:~~~e !" ~ (o)..a. 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I > : Preliminary. Alllndexes.are subject to revision four months after original publication. ; 1--- @ Back to Top ." www.d~.aov http://data.bls.gov/cgi-binlsrgate , . 01/25/2007 I~-- . , II ITEM NO.6 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ ell (JU.., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: June 12,2007 SUBJECT: Voter Approved Measure C Annual Special Tax Levy PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2007-2008 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997-1998, the Community Services, Parks and Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting Services special tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and servicing of the City's public parks and recreation and cultural facilities, recreational and human services programs, median landscaping, arterial street lights and traffic signals. The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bill for Fiscal Year 2007- 2008. The maximum annual tax has been established at $74.44 per single-family residential dwelling unit, $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, $148.88 per acre of golf course property and $37.22 per acre for agricultural uses. For Fiscal Year 2007-2008, the total proposed operating budget for parks; recreational programs; recreational and cultural facilities; landscaped medians; arterial street lighting and traffic signal services is $11 ,833,923. As per the budget the anticipated revenue based on the assessed rate from all taxable parcels within the City for Fiscal Year 2007-2008 is $3,657,684. The difference in operating costs over levy revenue is offset by recreational revenues, user fees and REST Program contributions. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year. As a result, it is recommended that the amounts to be levied for Fiscal Year 2007-2008 shall be the maximum tax rate approved by voters within the following categories: $ 74.44 per single family residential dwelling unit $ 55.84 per multi-family residential dwelling unit $ 148.88 per acre of vacant property in a residential zone $ 297.76 per acre of vacant property in a non-residential zone $ 446.64 per acre of non residential improved property $ 148.88 per acre of golf course property $ 37.22 per acre of agricultural property This will be the eleventh (11'h) consecutive year that the Revenue Excess Sharing in Temecula (REST) program has contributed to the funding of the parks, programs, facilities and services provided by the TCSD. FISCAL IMPACT: The Special Tax levy at the proposed rates will generate $3,657,684. The remaining funds necessary to complete the Park/Lighting Services budget will be derived from recreation revenue, user fees, and general fund contributions. ATTACHMENTS: 1. Resolution to Levy the Parks/Lighting Special Tax RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2007-2008 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS fOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96- 21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with fiscal year 1997-1998. Section 2. The maximum amount of said special tax for each fiscal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, $148.88 per acre of golf course property and $37.22 per acre for agricultural uses. Section 3. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amount of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 4. The City Council hereby determines that the maximum rates will be required in order to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for fiscal Year 2007-2008, which amounts are the maximum amounts established by Ordinance No. 96-21 and approved by voters: $ 74.44 per single-family residential dwelling unit $ 55.84 per multi-family residential dwelling unit $148.88 per acre of vacant property in a residential zone $297.76 per acre of vacant property in a non-residential zone $446.64 per acre of non-residential improved property $148.88 per acre of golf course property $ 37.22 per acre of agricultural property Section 5. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall until paid, constitute a personal obligation of the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to the special tax, except for California Revenue and Taxation Code Section 4831. Section 6. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of financing recreational and human services programs and the operation, maintenance and servicing of public parks and recreational facilities, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 7. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 8. The City Clerk is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2007, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefor. Section 9. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owners' property, such property owner must appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 3, 2007, pursuant to procedures established by the City. Section 10. If a property owner subject to the special tax believes that payment of the special tax for fiscal year 2007-2008 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 3, 2007, pursuant to the procedures established by the City, in order to be considered under the hardship appeal program. Section 11. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provIsion of this Resolution are declared to be serverable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of June , 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk I~-- . , II ITEM NO.7 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /J1l ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: June 12,2007 SUBJECT: 1-Year Agreement with Animal Friends of the Valleys for Animal Control Services PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: 1. APPROVE a one-year contract for Animal Control Services with Animal Friends of the Valleys not to exceed $156,000 per year. 2. AUTHORIZE the City Manager to approve additional service not to exceed $10,000 in contingency. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys, formerly L.EAF., since 1995 for animal control services. Animal Friends of the Valleys has performed very well during this period, and City staff, including the Police Department, has been very satisfied with the services they provide. This Agreement is for a period of one year. This current contract expires on June 30, 2007. It is staff's intent, in extending this contract for one year, to have annual contracts for animal control services until such time the regional animal shelter is built in SW Riverside County. The City of Temecula, City of Murrieta, City of Lake Elsinore, City of Canyon Lake and the County of Riverside have successfully formed a joint-powers authority (JPA) which will greatly assist in the effort to construct and operate a new shelter and we expect to have a new shelter operational within 18-24 months. Until that time, we will continue to utilize one-year contracts with Animal Friends of the Valley for field services. Once the new shelter is opened, a new user fee study will be conducted and the contract will be revised to reflect the new business climate at that time. The total operation budget for animal control services in the upcoming fiscal year totals $261 ,000. The City will be billed a total of $156,000 ($13,000 monthly) for this service. This flat rate is a result of the estimated animal control service hours and mileage for service during the upcoming year. Animal Friends of the Valleys will provide 1 Y:! full time Animal Control Officers, a fully equipped vehicle, and shelter for the City of Temecula's animals. The Animal Control Officer will be serving the City of Temecula 12 hours, 5 days a week as well as after hour, weekends, and emergency calls. Animal Friends of the Valleys is also responsible for collecting license and citation fees. The budget estimates this revenue at $105,000 which will supplement the City's flat monthly charge to make up the budget total. The City will not be billed more than the $13,000 monthly rate. Any shortfall in license revenues will be the responsibility of Animal Friends of the Valley. The administrative staff will also conduct hearings for animal control problems. FISCAL IMPACT: All costs associated with this contract have been included in the fiscal year 2007-08 Operating Budget. ATTACHMENTS: Agreement AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF TEMECULA AND ANIMAL FRIENDS OF THE VALLEYS (aka L.EAF.) THIS AGREEMENT is made and effective as of July 1, 2007 between the City of Temecula, a municipal corporation ("City") and Animal Friends of the Valleys ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1,2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirteen Thousand Dollars and No Cents ($13,000.00) per month and in no eventthis amount shall not exceed One Hundred Fifty-six Thousand Dollars and No Cents ($156,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work up to Ten Thousand Dollars and No Cents (10,000.00) annually. Any additional work in excess of this amount shall be approved by the City Council. c. Contractor will submit invoices monthly for the contract amount as described in Section 4a. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 1 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc 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 contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. DEF AUL T OF CITY. If the Contractor determines that the City is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the City with written notice of the default. The City 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 City fails to cure its default within such period of time, the Contractor shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 2 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor. 9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 0001 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor bodily injury or disease. c. Deductibles and Self-Insured Retentions. Anydeductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other I nsurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide 4 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain asto the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Contractor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be 5 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Animal Friends of the Valley 33751 Mission Trail Wildomar, Ca 92595 (951) 674-0618 15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 6 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, Ca 92330 (951) 674-0618 By: Name: Title' By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) 7 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc EXHIBIT A Scooe of Services 1. Services To Be Provided. Contractor shall operate a complete animal control program for the City consisting of, but not limited to, field services, shelter operation, and licensing. Animal Friends of the Valleys will provide 1 Y:! full time Animal Control Officers, a fully equipped vehicle, and shelter for the City of Temecula's animals. The Animal Control Officers will be serving the City of Temecula 12 hours per day, 5 days per week, as well as, after hours, week-ends and emergency calls. In the conduct of this program, CONTRACTOR shall perform the following specific functions: (a) Enforcement. Enforce all applicable provisions of the Temecula Municipal Code (Animal Control) as it exists on the date of this Agreement pertaining to animals, including the issuing of warning notices or citations as necessary for violations of such Ordinances. In the event the Municipal Code is amended and the amendments would substantially alter the duties and responsibilities of CONTRACTOR under this Agreement, the parties hereto agree to meet and in good faith renegotiate those terms and conditions of this Agreement affected by such amendments. (b) Imoound. Impound all animals caught at large and collect all impound fees assessed on behalf of the City; accept stray animals brought in by private citizens; provided, however that identified, vaccinated, spayed or neutered cats shall be released as required by the Temecula Municipal Code. (c) Quarantine. Quarantine as prescribed by law all animals suspected to be rabid. (d) Comolaint Investiaation & Resolution. Investigate and pursue action on complaints and/or reports of potential violations of Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City; respond to requests from the County Fire Department and contract law enforcement provider for assistance with animal related situations. (e) Dead Animals. Remove dead animals from the public right-of-way within City limits and from other areas upon request. (f) Potentiallv Danaerous/Vicious Animals. In accordance with the Temecula Municipal Code, identify potentially dangerous and/or vicious animals and initiate the administrative or legal process for their control. (g)Traooina & Removal. As limited by subsection (b) above, respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes and skunks, from public or private property. CONTRACTOR will offer advice in setting a trap in any enclosed space and will remove belongings, and in emergency situations may be required to climb trees, crawl under houses, or so forth, or to maintain on-premises surveillance unless in the Officer's or his or her supervisor's opinion there is a direct, clear and present danger to human life or injury. Identified cats will be released as required by Temecula Municipal Code. CONTRACTOR will provide traps but will not be required to provide vector control. CONTRACTOR shall charge a fee for traps as set 8 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc out in the City's Animal Control Fee Schedule as approved by Council action. (h) Doc Licensinc. (i) CONTRACTOR shall implement a comprehensive licensing program including conducting dog license inspections. Area-wide canvassing will be conducted as part of the field service activity. CONTRACTOR shall administer the current licensing provision of the Temecula Municipal Code. (ii) Dog licenses shall be issued by mail, at the Animal Shelter, at vaccination clinics and by Animal Control Officers in the field. CONTRACTOR shall send renewal notices by mail to owners of currently licensed dogs, and shall send an application for licensing when requested by owners. (iii) CONTRACTOR shall, at Contractor's expense, provide the forms and tags for such licenses, and shall affix a professionally prepared sign at the Animal Shelter, stating applicable fees for licensing for the City. (iv) CONTRACTOR shall collect all license fees and penalties on behalf of the City, issue receipts for all such fees collected and keep copies thereof. CONTRACTOR shall retain $6.00 for each dog license sold. The remaining license revenue collected will be applied to the budget for City services under this contract. Revenue shortfalls, below the estimate, will be the responsibility of Animal Friends of the Valley. (v) CONTRACTOR shall pursue collection and/or prosecution, if appropriate, to recover any fraudulent, delinquent or worthless payment received as payment for dog licenses issued, including penalties. (vi) CONTRACTOR shall cancel any dog license issued for which invalid payment was received, and give notice of such cancellation to the licensee. (vii) CONTRACTOR shall maintain such records in such form as required by the City's Director of Finance so as to provide for proper cash management and for review and audit of the monies collected. CONTRACTOR shall furnish the City a monthly report detailing the licensing activities. (i) Animal Bites. Investigate reported animal bites. CONTRACTOR may initially receive animal bite reports by telephone, but also shall respond in person to all reported bites by dogs or other suspected rabid or wild animals. CONTRACTOR shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party or parties to trap the suspected animal(s). OJ DisDosition of Unclaimed Animals. After notice and hearing as required, provide euthanasia service in a humane manner in accordance with procedures approved by the City Manager for unlicensed animals held for five (5) days and licensed animals held ten (10) days or more, if these animals are not reclaimed by their owner and are deemed unsuitable by the Officer for adoption. 9 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc (k) Clinics. Make all necessary arrangements and conduct at least two (2) one-day clinics for rabies vaccination and licensing of dogs each year which are open to City residents and which may be located in the City, or may be held in conjunction with the City of Lake Elsinore. (1) Field Services. Assign one field service officer appointed as Animal Control Officer. Routine field services will be provided as necessary within the hours limitation of this Agreement. The number of hours per week include, but are not necessarily limited to routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured or loose animals. CONTRACTOR shall assign a sufficient number of field service employees to duty at all times to meet the needs of this Agreement. CONTRACTOR shall provide service of six (6) hours per day during such hours as approved by the City Manager. Telephone service for members of the public shall be not less than eight (8) hours per day on a schedule approved by the City Manager. The Shelter shall be open from 10:00 a.m. to 4:00 p.m. Monday through Saturday. Emergency response shall be available 24 hours per day, seven days per week as described in subparagraph (m). CONTRACTOR shall advise fire and law enforcement authorities serving the City of Temecula of the telephone numbers to access its services and shall cooperate with such authorities in developing the procedures necessary to provide after hours services. (m) After-Hours. Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and CONTRACTOR agree that any incident reported to CONTRACTOR or City staff, through the fire or law enforcement provider involving a dangerous, wild or stray injured animal, constitutes an emergency and requires immediate action by CONTRACTOR. When the City Manager or his or her designee has reason to believe that an animal control emergency exists, the Manager or his or her designee shall notify CONTRACTOR and request a prompt response. If CONTRACTOR fails to respond to such request within a reasonable time or fails to respond at all, the City shall request in writing that CONTRACTOR send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. Contractor's written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. This Agreement and the provisions herein shall not be construed to limit the interpretation of what constitutes an emergency and/or the need for a priority response. The following examples are illustrative of the need for an immediate response from CONTRACTOR. (1) Requests to remove a wild, dangerous or injured animal or animals from an inhabited place or vehicle; (2) Reported animal bites involving loose animals; and, (3) Livestock, fowl or game birds being attacked or killed by dogs or other animals. (n) Public Relations. Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote 10 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc courteous and efficient service and good public relations. Other policies and procedures notwithstanding, CONTRACTOR in processing any type of complaint or request for service will indicate to the caller when a response can be expected from CONTRACTOR and how CONTRACTOR will respond. In the event an in-- person response is appropriate to the specific situation, CONTRACTOR shall make such response by the end of the following business day. This provision shall be subordinate to shorter time limits specified elsewhere in this Agreement. (0) Comolaints Reaardina Service. Cooperate with the City to resolve any and all complaints filed with CONTRACTOR and/or the City pertaining to services provided under this Agreement. The City shall submit to CONTRACTOR in writing all complaints filed with the City concerning services provided by CONTRACTOR under this Agreement. CONTRACTOR shall report monthly in writing to the City the number of complaints received by CONTRACTOR directly or indirectly through the City pertaining to quality of service(s) provided under this Agreement. (P) Leaal. ,Coordinate with City and City Attorney any inspection warrants impounds or potential dangerous/vicious animal hearings or court actions. (q) Records. Maintain and keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody. CONTRACTOR will file a report with the law enforcement provider within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen. CONTRACTOR shall indicate on the police report the circumstances of the animal's disappearance and make available to the City Manager the designated report or file number. (r) Communications Eauioment. CONTRACTOR agrees to provide radio equipment and frequency as necessary for effective performance of its obligations hereunder and in order to provide law enforcement backup for its field personnel. (s) Other Eouioment. CONTRACTOR shall provide all vehicles and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of such vehicles and equipment, including the installation and removal of the paging or radio equipment described in Paragraph (q) of this Section. CONTRACTOR shall be responsible for all costs relating to theft, vandalism, or destruction of said equipment by fire, accident or intentional acts. (t) Personnel & Suoolies. CONTRACTOR shall provide all personnel, supplies, and equipment necessary for the efficient and effective operation of the Animal Shelter and animal control services and programs provided for herein, including, but not limited to Animal Control Officers, clerical staff, license tags and forms, citation forms, notices and all necessary envelopes and postage. Animal Control Officers will complete the County animal control training program, or its equivalent, and such other training as may be required by law, before being issued a badge and given the authority to perform Animal Control duties. (u) Use of Animal Shelter. CONTRACTOR shall provide access to and use of the Animal Shelter which it leases pursuant to its animal control services agreement with the Elsinore Valley Municipal Water District. 11 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc (v) Attendance at Meetinas. Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so. 2. Coordination. Contractor's Executive Director and the City Manager shall meet not less than quarterly to discuss Agreement performance. 3. Reoortina. (a) CONTRACTOR shall furnish the City monthly reports detailing shelter, field, licensing and identification activities, including a summary of the utilization of field service employees' hours required in Section 1 above and the records required by Section 1 (P). (b) CONTRACTOR shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by CONTRACTOR for a minimum of four (4) years following the termination of this Agreement unless a lesser period is approved in writing by the City Manager. The records and/or animal control operations of CONTRACTOR shall be open to inspection and audit by the City or its authorized representative as is deemed necessary by the City upon reasonable notice to CONTRACTOR. CONTRACTOR shall provide the City a copy of Contractor's full Annual financial statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year. 4. CONTRACTOR shall also implement the following programs on a continuing basis: (a) Public School presentations (b) Spay/neuter subsidy programs for low income persons (c) Cable television Announcements and educational messages (d) Ordinance review and changes aimed at ending pet overpopulation (e) Animal Rescue Plan for domestic animals during disaster (t) State Humane Officer services 5. In addition, CONTRACTOR will consult with the City and on any policy/procedure that affects Temecula animals, which shall be approved by the City Manager prior to implementation. 12 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc EXHIBIT B PAYMENT SCHEDULE 1. The City shall pay a monthly flat rate to Contractor in the amount of $13,000.00 per month for animal control services. I n no event this amount shall not exceed $156,000.00 for the term of the Agreement. 2. Contractor shall charge License Fees for dogs within the City as follows: a. Altered dogs $15.00 for 1 year b. Altered dogs $20.00 for 2 years c. Altered dogs $25.00 for 3 years d. Unaltered dogs $35.00 for 1 year e. Unaltered dogs $70.00 for 2 years f. Unaltered dogs $105.00 for 3 years g. Senior Citizen's dogs $8.00 for 1 year h. Senior Citizen's dogs $10.00 for 2 years i. Senior Citizen's dogs $12.00 for 3 years j. Late penalty of $20.00 per license 13 r_::\WIl'IDUW~\lp,do(\nettemp\57jo\$A~r''pdf3407~U. doc I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ DIl CJil.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: June 12,2007 SUBJECT: Agreement for Consulting Services Between the City of Temecula and Community Works Design Group (Contract Extension) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Design Group to perform $100,000.00. That the City Council approve the Contract with Community Works landscape plan check and inspection services in the amount of BACKGROUND: On June 27, 2006, the City Council approved a contract with Community Works Design Group for review and inspection services for July 1,2006 thru June 30, 2007. The contract stipulated that the City could, upon mutual agreement, extend the contractfor 3 one-year additional terms. Staff is recommending to extend the contract for a one-year term for July 1, 2007 through June 30, 2008. The services provided by CommunityWorks Design Group have greatly benefited staff in the review of landscape plans and landscape installation inspections, and staff recommends granting another one-year contract in the amount of $100,000.00. The consultant agrees with the terms of the current contract and his fees for services will not change with the new contract. FISCAL IMPACT: Payments to the consultant will be paid from the Planning Department budget and adequate funds have been included in the FY 2007-08 Operating Budget. All consultant fees will be paid by applicants and deposited into the City's General Fund in accordance with the approved fee schedule shown in Exhibit "B" of the contract. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BElWEEN THE CITY OF TEMECULA AND COMMUNITY WORKS DESIGN GROUP LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS AGREEMENT is made and effective as of June 12, 2007, between the City of Temecula, a municipal corporation ("City") and Community Works Design Group ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two one-year additional terms. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $100,000.00 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. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the 2 performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. A. 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. B. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) CG 00 01 11 85 or 88. Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 3 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) claim and in aggregate. Professional Liability coverage: One million ($1,000,000) per D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. F. Acceo.tabililv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. G. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 5 13. RELEASE OF INFORMATION A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Community Works Design Group 4649 Brockton Avenue Riverside, CA 92506 Attention: Timothy Maloney 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES.. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Community Works Design Group 4649 Brockton Avenue Riverside, CA 92506 Attention: Timothy I. Maloney By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] 3 EXHIBIT A SCOPE OF WORK There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the Development Review Committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval formulated by staff and the Planning Commission. A landscape inspection will be performed on site once the landscape is completed to verify that the installation is per the approved plans. Development Review Committee Review - Plans submitted by the applicant at this stage are conceptual 1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be made available to the Consultant to assure that landscaping is compatible with the architecture and appropriate for the proposed grading. The Consultant may be required to meet with the project planner to discuss the project or visit the site prior to beginning the review. This option will be left up to the individual planner. 2. The Consultant will review the plans to verify consistency with the City Development Code, other Ordinances and the Citywide Design Guidelines. A site visit may be necessary to become familiar with the site and surrounding area. One set of plans will be redlined with comments notifying the applicant of necessary revisions to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the architectural and grading plans. 3. The Consultant will return one set of red lined plans along with plan check comments to the project planner within 14 days of receipt of the first submittal and seven days for the second and third submittal. On Fast-track projects, Consultant will complete conceptual reviews within four calendar days. Plan check comments will also be sent to the project planner via e-mail for use by the City. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 4. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re-check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant for revisions. Conceptual Landscape Plans that have been substantially changed from the original submittal will be subject to an additional fee. Construction Documents Review 1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape construction plans, one copy of the approved conceptual landscape plan, conditions of approval, and final precise grading plan at the City to verify consistency with the City Development Code, other Ordinances, Citywide Design Guidelines, the approved conceptual landscape plan and conditions of approval. One set of landscape construction plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements and the approved landscape plan. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the final precise grading plans. 2. The Consultant will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e- mail. Comments/red lines shall be returned to the project planner within two weeks after notification of plan pick up. Comments shall also be broken down into two groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues Comments shall be in both digital (by E-mail) and hard copy format. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 3. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re-check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards, professional norms, and approved landscape plans. Plan checks beyond the third check will be subject to an additional fee. 4. The Consultant will review the cost estimate and notify the project planner that the estimate is appropriate for bonding requirements. Landscape Inspection Two landscape inspections will be performed for each project. The first landscape inspection will include a pressure test of the main line and an irrigation coverage test. The second landscape inspection will be performed once the landscaping installation is complete to assure conformance with the approved plans. A written report will be provided to the project planner after each inspection indicating the status. If desired by the project planner, the Consultant will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. Each landscape inspection will be billed at the agreed upon rate. Inspections will be completed in no less than three (3) working days after notification. 2 Landscape Architectural Resources The Consultant shall be available to act as a resource for City staff responding to general questions or questions regarding specific projects. Should staff require other tasks to be performed, the Consultant shall provide services based on a mutually agreed upon flat fee. Attendance at Meetings The Principal Landscape Architect shall be available to attend Development Review Committee and Planning Commission meetings as requested by City of Temecula Planning Staff based on an agreed upon fee. 3 EXHIBIT B PAYMENT RATES AND SCHEDULE Following is the breakdown of fees proposed for the plan check and inspection services outlined in the scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and omissions. 1. Conceptual Plan Review FLAT FEE OF $250.00 Multiple reviews will be covered under the initial conceptual review cost, unless substantial changes to the conceptual landscape plan have been made by the applicant that are not as a result of the comments from the Consultant. Additional conceptual reviews for plans that have substantially changed will be billed at the flat rate fee. 2. Construction Plan Review The following fees are based on reviewing a maximum of three submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $85.00 per sheet. SQUARE FOOTAGE OF PROJECT 0-10,000 10,001 - 25,000 25,001 - 100,000 100,001 - 135,000 135,001 - 165,000 165,001 - 200,000 200,001 - 250,000 250,001 - 300,000 300,001 - 350,000 350,001 - 400,000 400,001 & up Plan checks beyond the 3rd Check 3. Landscape Inspection FLAT PLAN CHECK FEE $600 $860 $1,120 $1,380 $1,620 $1,890 $2,160 $2,430 $2,700 $2,970 $2,970 + .0075 for each sq. ft. above 400,000 sq. ft. $85.00/sheet FLAT FEE OF $250.00NISIT b. Irrigation Inspection (First Inspection) Landscape Construction Inspection (Second Inspection) a. 4. Landscape Architectural Resource FLAT FEE OF $250.00NISIT Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee rate of $250/meeting. Should staff require other tasks to be performed, services will be based on our hourly rates or a mutually agreed upon flat fee based on the scope of work. 4 Fees for services other than those outlined above will be at our hourly rates unless otherwise negotiated. Present hourly rates are as follows: Landscape Architect $95.00/hour 5 I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager J#.f'" 11/2 ru.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: June 12,2007 SUBJECT: Tract Map No. 33125, Located East of Pechanga Parkway within the Wolf Creek Specific Plan PREPARED BY: Chris Vlahos Junior Engineer - Land Development RECOMMENDATION: That the City Council approve 1) Tract Map No. 33125 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement, and 3) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 33125 is a nine (9) lot subdivision for Condominium purposes located at East of Pechanga Parkway and West of Wolf Creek Drive S. within the Wolf Creek Specific Plan No. 12. The map contains nine (9) lots for a residential development project. Certain street improvements associated with the development of this map are required. The survey monuments are required to be set. Tract Map No. 33125 is located within Tract 29305 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map No. 33125 is subject to all Specific Plan Amendments and Agreements. On January 23,2001 the City Council approved Tentative Tract Map 29305, on March 22, 2005 the City Council approved Final Map 29305. The owners of the property: Woodside Wolf Creek 77, Inc., A California Limited Liability Company has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The site is currently vacant. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map No. 33125 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TRACT MAP NO. 33125 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid. Development Impact Fee This fee will be collected prior to issuance of building permits. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 33125 DATE: June12,2006 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 907,000.00 $ 453,500.00 Water $ 344,596.50 $ 172,298.25 Sewer $ 197,830.00 $ 98,915.00 TOTAL $ 1,449,426.50 $ 724,713.25 Monumentation $ 24,000.00 DEVELOPMENT FEES RCFC&WCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 588.00 Fire Fee $ 215.00 TCSD Fee $ 1,022.00 Plan Check Fee $ 5,309.00 Monumentation Inspection Fee $ 287.00 Fees Paid to Date $ 7,421.00 Balance of Fees Due $ 0.00 *To Be Determined IN THE CITY OF TEMECUtA, COUNlY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 33125 BEING A SUBDMSION OF LOT 25 OF TRACT NO, 29305 F11.EO IN BOOK 378, PAGES 36 THROUGH 48 INCLUSIVE, OF MAPS. RECORDS OF RIVERSIDE COUNlY RECORDER. MDS CONSULnNG STANlEY C. MORSE LS. 3640 MARCH, 2005 FOR CONDOMINIUM PURPOSES WOLF CREEK SPECIFIC PLAN ~ ~ ~ ~~ ~~ Ctl' JS[ ~ .YlCINI1Y MAP NOT TO SCALE N.UMBER~101S:9 TOTAl G ACREAGE: 14.139 ACRES TOTAl. N ACRES: 10.977 ACRES HUMBER OF I..EI1EREI> lO1S: 1 IN THE CI1Y OF TEMECUlA, COUNTY OF RlVERSIOf, STATE Of CAI..FORNIA TRACT NO. 33125 SHEET 1 OF 8 SHEETS BEING A SUBDMSlOH OF LOT 25 OF TRACT NO. 29305 FILED IN BOOK 378. PAGES 36 THROUGli 48 1tfCl.USlVE, OF MAPS, RECORDS OF RM:RSIOE COUNTY RECORDER. t.lOS CONSULlltfG STANLEY C. MORSE LS. 3640 WoRCH, 2005 FOR CONDOMINIUM PURPOSES ..Ql!1~':'i_<:J^~"}If WE iERE8l'STATElliAT WE NlETHE OWNERS OflHElAIIllliClUDEll'MTllllThf:SUBDMSlON SHOWN HElDN:THATWEAA!1IiE0NLYPEflSQNSWHOSECONSENflSNECfS!Wl'I'lOPASSACLEAR11lLETO SAIl LAND; 1IIATWE CONSENT TO lHEIJ./KlNGNiDRECORDING Of THIS SU8IlMSIONlIAP1SSIfOWNWllHIn THE DlSnOClWEIlORDERUIIE. "~lWIEANfiRE.'\IOCA8tEOFf'EROfIlEDlCA1lONTOlHECllYOfIBlECUlA,FORfUlI.J[:ROADS AN PUllUC UlILITY PURPOSES. LOT "A". WE HEREBYDEDlCATETOlHECllYOfID.IEClllAlHEEASEUENTfDRPUlUClIIILIIYANDRElAIED PU IS SHOWN HEREON. WE \ISOHffiEB'l"DEVlCATElOlHECllYOfIDlEClJl.JllHEEASEUENTWI1HINLOTJFllI!STDRIlDRllNNiD RElJEDPURl'OSESISSI/OWNHEREON. WE \ISO IelfHI'DEDlCATETDTHE CIlYDflBlECUlAlHEEASEMENT WITHIN LDTS2 AND 3 FORPEOCS1RWl N:l.SSANDRElATEDPURI'OSESISSHal/NHEREON. WE\ISOHEREB'I'DEDlCATETDPlJBLK:tiSE,EASllIENTSFORP\JBlJCUTIU1YPURP0S51OGfJHERWllHTHC: RIG rOf INCRESS AND EGRESS fOR ElIERWCYVEHlCUSWITHIN LOT"Ji ISSIfO\IIIi HEREON. WE tEREllYREfAlNLOr'Ji,lN~TEDIS'PRI\IATEsmE8"1SSIfOWNHERWlFORREClPROCALNXfSS FOlINGllESSANDfGRESSANDElRAINAGEPURP0SE5FORlHESOl1.:BENEFlTOfOOlSELW5,OURSUCCESSORS, />S!}NEESANDLOTOWNfRSWITImllHlSlRACrlW'. ~HEREB'fRlJAlNLOT9'"RECllEA1lONNlfA"'ISSHOWNHEREONfORCONSTRUCTIONNlJ1MffiENANCE .llONGWIIH PRlVATE USE FOR THE SOLE BENEm Of 0UllSEI.'IES. OUR SIICCESSORS, IISSIGNEES LOTOWNERSYKlHNlHISTR.'alW'. WE DEDlCATE.lSUTTERSRIGl/TSOFAC:CESSALllNGWOLFCREEKIlRfiI[S.1QlHEPUllUClHEO'IINERSOF 1,2NiD6,AIllJJlHJllISHlGHWAYANDDURlNGSllaillUE'MLLIIA'lENORlGllTSOfAC:CESSEllCEPflHE fASEUEHTOFTRAva..Al.SOEllCEPllNGlHE50FOOTWlOEN'.(;fSS~BElWIDIwrslNlJ2AND lHE56fOOTlllDEACCESSOPENlNGBEIWIDlLOTS 1 AM> 6. i'H(CfWiGEOf.lWNUEHTlIllWlIITHll\AT ~ USlNlHEVAtA1'lOHlHEREOfSllAllTERUINATElHISDEDlCllTIOH1STOlHEPNUWCATED. WE~DEDlCATETOEASTERNUl!NICIPALWATERDISlRICT(DSrRrJ)APERf'fJl.W..EASD.lENTANDRlGHTOf WA\TOCONSTIllK:T,llAINTAIN.ENlAAGC.RECONSJRUCT.IlfI,IO\(,lN)REl'I.AI:E.OPERATE.1NSPECi,REPAR.&.If'R<l'IE NlRnDC\TE!iEi\elFAClIJI8,ALl1SSHOWNONTHSWWllHlNlHES\.ISOO!SlOOAlf>IlESlGNI.TEDSFNER fASlIENTIlEDICATEDHEREOliTOG€l1iERWllHTHERlGHfOFACCESSlON'lDFROUSAlDEASEUENTFORlHE PUI''OSEOfEXERaSIN~l}(RlCmSGfWfTEI)lNSAlDEASEUOO. OIMRRUAlNSlHERiGKI"lOUSElHE fAS..llENTN!fAPRO'IIDEDlHATOWNERSHlUHOTCOtlS1RUCTORERECTIIUlWNGS,UI.SOliRYWAU.S.~R'I' FOER<<>OO!ERSlRlJCTURESORIYPRC'JE),IEKTS,ORPlANTORGROWlREESORSHRUBS,ORCllmGElHE SUI 'M:E GIWlE: OR INSTALl PRlVAlllY-owNED P1PEUNES iIlTHOUTlHE PRlOR WIlf11EN COHSENT Of DlSTRlCT. WE lERE8YllEDll.'ATETO IWlCHOCAl.JFORNlAWATER DlSTRICf(OISTRICI)APERl'EI\JALE.'SEUENTNIDRlGffi'Of WK, TO CONSllllICT. ~AlN, EMAACE, RECONSlRUCT, REUM AND REPlACE, llI'ffiATE. I~CT, REPAIR. IYI'RO'YE Nl[RrulCATEWATERFAClunES,.'l1.1SSHOWNGNTlilSw.l'WllHINTHESlIlllMSIONANDDESlGNATEDWATER i< DEIlICATED HEREON TlIGEIHER WllHlHERlGHTOfACCESSlOAIlDfRtIlI SAID fASEUENT fOR T1iE PIJ Of EXERCISING lHERlGIflSGRANIEIlIN :w:JEASEUENT. OWNER RErAINS 'll-E RIGHT TO USElHE FAS ENTAAfAPR(MDlDlHATOWNERSHAllIlOTCONSTRIJCTORERECTBUllDINGS.llo'SONR'I'WAUS,Ul.SOflR'l' . ANDOlHERSTRUCTURESORIUPllO'I'EI.IENi,ORI'lANTORGROIITREESORSHRIIBS,ORCIWlGElHE "M;EGlOOEORtNST,lLLPRIVAlUY--owNEDPlPEUNESWllHOlJT"lHEPRIORWRmENGONSENTOfDISIRICT. :~~-'":~ ~ "'" ' ""'".. 1l1". _. TITLE: ~ If ~c;:mm Ulll,llt'lPlt WIWfJo /'\I<:;TQ1f:'/' I/'1'qIT.r.NCF ~ATFl.tFNT I HEREB'f STATE 1HAT THE EASEUtNTS omlCATED ONlHlS lW'TOlHEEJ.STERN UUNlClPALWATER DISIRICTNlE IElEBYNXEP1EIIANDlHEDlSIRlCfCONSENTSTOlHERECORllATIONlHEllro"m'IIS00LYAIJTHORlZID """'" ~'" ~y.HO'fI'UL,SECREfAI!YDflHEEASTERNt.lUNICIPALWATERDISJRICTAND1'I1EEIONIDO'UIIl!:C10RS ntEREOF. RANCHO r.AlIFORNIA WATF'R nl<rrRlr:T ACCFPTANCF ~ATFUFNT IHERmtSTATE1HATTHEEASEUENTSDEDICAIEDONlHISUAPTOlHERANCHOCAlJFORNlAWATERDISlRICTAIlE IElEBYACCEPIEDANDlHEDlS1RIGTCONSENTSTOlHERECORVATIGNlHEREOflWlISOOLYAlJIHORIZED """'" EDWNlDP.LEllONS OO1Et:JOR OF ENGII\EERING NOTARYAC:KNOWIFnr.t.lF.NTS SEE SHEET 2 ,SQIL<;i JfiflFT- ~.fRIlBr~lf PURSJ.J.lmTO ntE PROVISIONS DFSECTlON 6649D Of THE SUBDMSION WJocr,A PRElJIlJNAR'I' SOILS REPOln WAS PREPAIlEIl BY PACIflC SOILS EtlGINEERS. IHC.. REPORT ND. 700007-CC ON JlR'IE 28. 2DD5NiD IS ON FILE INTHEOl'Fl(t:OfTHEClJYENGINEIR,CIIYDFilllEtULA RFCO~~A1FUENT m,EDlHlS OA.YOF .2007,AT_.U.INBOOK~ OFMoV'S.ATPAGE(S)_lHROUGH_,ATll-IEREQUESTOFlHECITYCI..ERK,CITYOF" ==~ ~ '" tARRY W. WARO, COUtm'ASSESSOR-GLERK-RECOROER BY DEPUTY SUBOMSKlN CUARIINTEE BY: fJOWlY NA110rw. 1TT1..E COYPANY. S:.l.H!Vr.!fl.P'S WYEMEm 1HISr.w>WAS PREPARED IWWE OR UNDER loIY D/RECllON AND lS BASED UPON A FIElD SUR'IEY IN CClNFORUANCEWllHlHEREOURDIENTSOFlHESUBOMSKlNMAPACrANOLOCALOllOOWICESATlHE REQlJESTOFWOODSIDEWOlFCRffiC1J8,INC..ACAl.RlRtlIACORPORA'OONONseF'IElIBER16,2000. I HERml'STATETHAT.'l1.IIONUUOOSAREOflHEawlACTERN'4IOCCLFYlHE POSITIONS INDICATED lIll1HATTHEYWllL BESET IN 1l!OSE POSITIONS B8'ORE DEmlBER, 2DOI!: AND1HAT lHE I.lDM.lUENTSNlE, OR WIlL BE, SUFFX:lENT TO OOSLElHESUlMYTOBERElRACEDANDlHATTHIS FINAL t.W' SUBST.IM1AllY CONFllRIISTO lHE CONDlTIONAU.Y M'PRCMD TENTATIVE 1oW'. 5.23-c1l "'IT JAY. ~f)1J ~~!': ..'gt'TfWfi I HEREBY CER1IFY 1IIATNXOllDINGTO THE REClIllDS OFlHlSOFFJCE..ISOF"lHISMTE,THfREARE NO UENSNlAiNSTllEPROPERlYSflO\IjNONlHEWIIHIH IIN'FOR UNPAID STATE,COlMlY, t.lUNlCIPN., OR LOC'JJ.TAXtSORSPECIAI.ASSE5SUENTSCOllECTIDAS TAXES, EllCEPTTAXES lIll SPEcw.ASSESSl.IENTSCOl.llCIEDISTAXES,NOWAUENB\lTNOTYETPAYAIIlE,'/HCHAA! ES1lIMTEDTOBEJ DATED: 2tKL.-. PAULUCDONNELL. COUNTY TAX COLlECTOR '" Uu-u" TAXROtIDCFRTlAr.ATF IHEREBYCERfIFYTHATABONIlINTHESUt.lOf"t; HlS8EENEXECUTEO ANDFlLEDWI1HTHEBOARDOfSUPElMSORSOf",,,,,Wt.lNIYutKIIIERSI[)E.CALlFOIlNIA, CONDmONEO UPON THE PAYIlENT Of AlL TAXES, STATE. COUNTY. t.lUNICIPAL. OR lOCAL, AND ALL SPfCL\lASSESSt.lENTS COUECTED IS TAXES. WHlCH AT THC: 111.lE OF" THE f1UNG OF THlS IAAP WllHlHECOUNTYRECORllERAREAUENAGAINSrSAlDP!lOPERlYBUTN(}1"'!tTPAYAllLE.AND SAID 90NDHAS BlIN DULYAl'PRO'IIED gy SAID BOARD OFSUPiJMSORS. DATEO; CASH TAX BOND PAULt.lCDONNEU COlOOYTAXCOLLEC1lIll ''''--- NANCYRONffiO ClERK OF THE BOARD OF Sllf'EfMSOllS '"' ", """" """" r.rTYl"N~FER'S~ATFJ.lFNT IHEREBYCER1IFYTHATTHlSIIAP.CONSlSTINGOfBGHr(8)SHEEIS,HAS8EEliEllAUlNEDIWUE lIllllNDERloIYstlPElMSIONANDftlIJNDTOBESUBSTANIW.l.YlHE~EASrrAPPOJlEDONTh'E TENTAllVElW' Of TRACT NO. JJl25 AS FllID MD.6Pf'RIMD BY THE COY OF TEYEClliA ON JANlWlYl!l,2006,ll/EEllPlRA'OONDATrOONGJANtJ.IIlYl8.2OO6,lHATALlPR<MSlONSOf Al'PUCABlESTATElAWANDalYREGULJ(OONSH'.VE8EEliCOllPUEDWI1H.ANDTHATIAN5'.T1SRED lHlS lW'lSiECHNlOOLY CORRECT. DATED; "" OANIElAYORK CIlYENGlIiEER CITYOf"TEMEClJLA P.E.43212EXP.3/31/OS P.l.S. NO. 7962 EXP. 3/31/08 .'';V'trnw.><::'1'"''1IEMEHI lHECITYCOUNCllOfTH:':alYOFTEUWJIA,STATEOFCALFORNlA.IWIl'SCOYCURK, SUSAN W. JONES, UUC, HERE8YAf'PlI(:NESlHETRACTMAPANOACCEPTSTHEOfIlRSOfDEDlCAOONOF lHEEASalEHTSFOOPUBUCUlllmESTOGElHERWllHlHERlGHTOFINGRE'SSANDEGRESSFORElolEIlGENeI' ANDS8MCf:VEHICLESOYERtoT"Ji. WE 00 NOTN:CEPTlHEOfFERS OF DEDlCAllON FOR PUBUC ROAD IUlPOSES OYER LOT"K. WE lIllffiYACCEPJ"lHE OFFER OfllEDJCA1l0N DFADtJITERS RlGHTS Of ACCESS ALONG WOlf CREEK IlRl\IE sount. AND OlD ALSO.IttEPT lNE.0ffER OFDWCAOON fOR lHE TIE EASEJ.IENT fOR PUBlIC UTUlY NiD RELATID PURPOSES. AND OIDALSOACCa>flHEOlfEROfDEOCAJlON fOR THE EASEUENTWllHIN LOTJ RlRSTORt.I DRAIN P1JRPQSES. AND DID AlSO ACCEPTlHE OFFER Of OEDICAllON RlRlHEEASOIENTWIlHIN LOlS 2 AND 3 fOR PEDESTRlAN ACCE'SSP\JRPOSES. "'., .,,'" SUSAN W. JONES, t.lUC Off_ CnYOfIDlECUI.}, ,<:Jr-H~D.!FL'1Hb~ f'lIRSlW/fTOSECTlON 664J6OfTHESUlllMSlON lW'Jocr,THESlGNAMlES OflHEfOUJlWlNGOVI1€HSOf EASEUENTSAND/DROTHERlNIEJlESISIlAIf:BEBiOMITIED. SOUTHERNCAlJFORHL&.GASCOMPNfY,HOLDEROFA1iEASEUENTFOIIPlPEUNEPURPOSES,RECORDEDDECEMIlERll, 2006 AS INSiR\JUENT lID. 2006-0907746 Of 0F11aAl. RECORDS, lOCATIOH Of EASEUENT CAAHOT BE LOCAlED fRll~ """". WOlF CREEK DEVELOf'NENT, liC, A CAUFORN~ l.lI.lITEO lWlllJlY cor.I'ANY, HOlDER OF AN EASEJ.IENf fOR ROOlS, TRAILS. WAl.KWAYSANDlllUIIES,OYERAlLElllSTINGANDFUTURE PRII'ATEAND PUBUCSlREETS. flO.'.OS. TlWLSAND WIO.WAYSRECORDEO DECEUWl22, 2DD5.AS INSTRU~ENTNO. 20D5-1D5n51 OFOFFICW..RECORDS. PROJECIED SECIlON 28, T 85, R 2 W ~\621D4\t.lAPPlNG\TR-JJl25\JJl25-01.DWG 5/23/2007 NUMBER OF lO1S: 9 TOTAl GROSS ACREAGE: 14.139 ACRES TOTAl NIT ACRES: 10.977 ACRES N\Jt.laER OF LEmRED LOTS: 1 IH THE CIiY Of' IDlECUlA, COUNTY OF RIVERSIOE. STATE OF CAUFORNIA. TRACT NO. 33125 BEING A SUBDMSION OF LOT 2.ll OF 1RACT tK). 29305 FlI.El) IN BOOK 378, PAGES 38 lliROUGH 48 INCWSlVE. OF MAPS. RECOflDS OF FlIVERSIDE; COUNTY RECORDER. MOO CONSULllNG STANI.E'I' C. MORSE LS. 3S4O MARCH. 2005 FOR CONDOMINIUM PURPOSES NOTARY ACKNOWLEDGt.lM STATE OF C\lJF9F)N1A COUNTY OF,"*"V..~a4a_ ,,/harti.9':>6'J7 ."",,,~/,,.M.S4""lh._ ~~H:?/~ "'""""'......,,2i~ n.,CC;-'~"~ rtlff ~;,_t!.C.-P~ .._ .. ."_ ~.. .... ..,.W ~ ~~,.....~ n""""",\! 'Kl BE lHE BSCRIBEDT01HEWllHlHlNS1'RUMENTAND~EDTDI/r ElRAI.1IJ;I{l!lIZECAPACI1YUS1,ANDl'HI.TBY ~ElRsrow; EPERSO~OR1HEEN11lYUI'ONBEIIAlFOF WHlCHTttEPERSOi\1ll '\l:\E~. ""''"~~I'''''''-rpC) - ~~~mQjf'-BtISlNESSlSli PRINT ~EPod,../It!'"7l SDM'/4 MY COMMISSION EXPIRES );.I~4~~7 NOTAFrfACKNnwlFTll':lAM STATEOFC\lJFORNIA CQUNT'< OF " ,BErOf/EUF PERSONALLYAl'PFJRE'" PERSON/J.LYKNOWNTOUE(ORPRCl\'UlTOUEONlHEBASlSOfSAllSfACTORYEVlOENCE)T09ElH( PERSON(S)'MiOSF;lWIE(s)islAAESUElSCRlfJEDTOllEWrTNININSlRUUENTANDACKNOWLEDGEllTOl.!f lHATHE!SI1E/1l€YEllECUTEDTItESAAlEIi HlS/HER!1HElRAlIIHORlZEDCN'AClIY{IES),ANDiHATB'l' lllS/lIERfTHElRSlmi/.VJll,E{S)OIIM'liS1fIUUtNI'lllEPERSOO(S,.CiI'l'rII'.EN11lY\lPONilOO\IJ OF WHICH litE PERSON(s) ACTED, EllECUTED lHE INSTRUMENT. 'II11NESS MY IWJD AND omcw. SEAl..: SIG~lUR~ MY PRINCJPIILPlACE Of BOSIIiESSlSIN COO'" PRlNTKMlE MYCOMMISSlONEXPDlES NOTARY ACKNffiWFnGIAENT STATEOFCAUFORNIA COUNTY OF '" ........ PffiSOnIUYAPPfJRED PERSON/.l.l.YKIiO'NN (QRPRlMDTOt.lEONlHEBASlSOFSAllSfACTOR'i&1DENCE}10aETHE lSjAAESU!lSCRlBEDTD1lIEWlIHININSIRUMEN1ANDACI(~TOI.!E A\l1lIOllllEl)C'G'AtlT1(lES),AllDTlWBY H1S/HEFI/IltfJRSlGN.'i (S}.ORlHEENIllYli'ONBEHAlFOF WHICH lHE PERSOf/(S) ACTED, THE INSTRUMENT. WfTNESSMYIWIDANOOmcl4lsat: ''''Me MY PRJNCIPALf'LI,CEOF BUSINESS lSIN COO'" PRlll1NA'''' llfCOMll/SSlONEXPIllES SHEET 2 OF 8 SHEETS 1:\521D4\IW'l'ING\Tll-JJI25\33125-02.DWG 2j'2P.j2!JfJ7 IN THE CITY OF TflIECUlA, COUNTY OF RfVERSIOE, STAlE OF CAUFORNlA TRACT NO. 33125 l ~ SCAlEl"glDO' "" " , ,~ -= ,,"""""'" SHEET :5 OF" 8 SHEETS' BEING A SUBDMSlON OF lOT 2.5 OF lRACT NO. 29305 FILED IN ElOOl( 37B, P~ES 3tI THROUGH 48 INCLUSIVE. OF I.W'S. RECORDS OF RIVERSIDE COUNTY RECORDER. t.lDS CONSULllNG STANLEY C. MORSE LS. 3640 MARCH, 2005 FOR CONDOMINIUM PURPOSES ''''' "'" '-1 ~ MITro_ 1 SHEET 4 PAIRCIS. ~ i!I1ElRI CIEInIIFIltATIE ICII' ~ rm. IF'A-cm'8 LIIlECCI1fiImaO .JIJl1iIE G, 2004 AIJ MT" 000. 2OCM-C4416OC ClII'lFDQ.ILIfECORIOO~COWIl'1nI',8'lrA.TI!ClF """"""'" , "-. "-."-. i "-., "-., ,~ '-Oy.. "- "-. " "-."-."-. "i "-." '\~ ."-. "-. "-. m"" "-."-."-. ~, "-. "-. m"" "-.<:: .. mm.mm.,m,m,..",mm.,,,",, ' .,""~~ i SHEET 7 SURVF.YOR'SNOTP.;. . INDlCATESFllUND 1" LP. WllHTIC RCE20508. FUlSH, PERiRACTND. 29305. U.B.378/364lI,UNI.ISSOTHERWlSENOIED. ... INllIC"J.TESFOOND1"I.P.Il\THTAGRCE205OB(JW.CO.TYPE"A"UON.)A.llSII, PfRTR.'aNO.29JD5,M.B.37S/3IH8,UNlLSSOTHERWISl::IlOTEll. ( ) Il()ICATESRECORD!:\l.TAPERTRAel"NO.29J05,lItB.378fJ6-48A11l """OD, o INDICATES SET 1" lP., FlUSH, WITH TAG LS3&1OlRUSSOlHER'lllSl:: INDICATED. SEf 1" I.P.TAGGED "LsJ640",FUISH.ATAlLlJlTOORNERS,ANGLEPOINTS, COIHRC!JTlW:KS.lAiLESSOTHERWlSENOTEO. SETtwLNlDTAGUARl<EII"LsJ640",lNTOPOfCURllAT1!iEPROLONGATION OF SIDE LOTUNESNIlJ IN TOP Of CURB FOR EC'SAND 9C'SONAUNE RADW.ORPERPaiDlCl.Jl..ARTOPROPERTYUN[& AU UONUMOOS AAE SET AND TAGGEO PER RIVERSIDE coumr ORllllWiC[ OO.48l.9. AU UONUl.lOOS SHOWN J.S 'SEl" AAE IN ACCORDNiCE WIIH lHE UONULIENT AGRmIENT FOR THE TRACT r.lAP,UNlfSSOTHERIYISE NOTED. lHISTRACTCOmAlNS 14.1J9ACRES GROSS. l.Wl..INDtCATESRESmlCTElJACCESS RA.<;J~ OF RFARlNr..<; lHEBiISISOfBEAAINGSFORTHlSlW'lSlHECOOERUNEOFWOLFYMliYRQAD, SHDWNISNORnt3T54'2S"fAST.1SSlIOWNONTRAel"NO.293D5-1nl.ED1N1IN' BOOKJSO. PAGES65lHROOGl17S, INCWSM,. RECORDS OflHE coumr OF Rl\'ffiSIDf,STATEOfC.lJ.JFORW.. E1MRONIJrnrAl r.oN~NT OOTt lHEENlllRONMENTALCONSIRAMSHEErAFFrCllNGlHlSIlAPIS 0IiflLEIN lHE OmCEOFTHETEUECUlAClIYENGlI\EfJllNtcSllOOK...L,PAGE...ML. THIS AfFECTS AU toTS. EAS8.lFNT~' .& ~ :~or~~~JoR~~.P\JRPOSES IN FA~ & ~~tORTE!,I~~.g;~JWATEDPURPOSES IN FAVOR &. =~~~~rgF~Rcm~D~~~F~~~ ANOSOMCEVEHICUS, llEDIC'AlEIl HEREO~ AN 8\SEU9iTRlRWATmANDRElATEOPURPOSES IN FAVOR OflHE RANCHO CAlJfORN\I.II'ATERD1S1R1CT,DEDlCAlEDHEREON AN8\SEUENTFOllPUBUCUllLITYANDRElJ\TEDP\JllPOSESINFAVOROFlHE CJ1Y OF TEUECUA. OEDlCATED HmEOIi SHEET 5 21130$ H.B. 37e/3.-~8 SHEET 6: SHEET sf '-Or.. BOUNDARY, SURVEY AND INDEX MAP 1:\621D4\MAPPING\TR-;;J125\JJl2S-DJ.DWG 4/11/200; IN THE CITY Of TEMECUlA, COUNTY Of ~DE. STATE OF CAUfORNIA TRACT NO. 33125 SHEET' 4 OF 8 SHEETS '- / "'-J LOl211 1 ~ '- LOTt7 SCALE 1"~ 010' 4? 1~ L----"? ~ &l 11(1 '_I GRAPHIC SCALE PARCEL I PER CERIIFICAIE OF COMPU"'NCI NO. P....0276 ~DEJ) JUN't 9, 2004 MlMS1. NO. 2004-0441690 OFFICIAL RECORDS ftlVERSIDE COUNTy, ST...TE OF CALFORNIA LOT2fi o 8 x o ~ o "'- "'- '" "'- "'- "'-",- "'- "'- "'- "'- " SEE SHEET 3 FOR BOUNDARY SURVEY. INDEX MAP. t.lONUMENT, EASEMENT AND SURVEYOR's NOTES ...,. ~ '- ,~ o 8 ili SEE SHEET 7 ~Jllf2W1 IN THE CITY OF TEMECUlA, COUNlY OF RIVERSIDE, STATE OF C\UfQRNIA TRACT NO. 33125 SHEET 5 OF 8 SHEETS "~ '" 'k.."6-J;, SEE SHEET 3 ~ J"%' "Z"'" II~ ~i Ai~O ~i e' ~ ,iIJ' #i~ .~~ $'';>' ~;V \+~J '5 l ~ SCALE 1"~ 40' " '" -~'---' '" ,,, '----' """''''''''''' ", "--" -....-...................- . I;; . ;:; . . . 2 1.109 ACRES )) ?' I;; . . . ~ . TRI.ICY 1140. . 5 1.82aACR(S I;; . . . . . . + 1.982ACllES ~ 4'~O '1-, '1i ~ ~'9i" '\.'1i, car... '\, ~ SEE SHEET 7 1:\621iJ.4\I.W'P1NG\1ll-J.l125\J.l125-ll5.DWG 4/11/200; IN THE CITY OF 1Et.lECULA. COUNlY Of RNERSIllf. STAlE OF CAUFORNIA TRACT NO. 33125 "- '~, . t;; . . . ~ . 1 en",,'" . 8 . . ~ l.JJ/ACRES , 8 ,: SHEET 6 Of 8 SHEETS . 28305, M.IlI. 3?8/3"-~e ---_______ l:tI ---- . ~ SEE OErAlL "A" HEREON -:::":::1-- 1I7J-JS' 6 ~""""-I!i.ll'lV ...,;;;';--- ----____ 14-.00' LOT~A. --- ._.... 10164-' ~--'t7."""" .17' 1~~1~...w- ,&P 1!Jf;;;;f;' "~,, II~ ~ 'I 5 1 f N.T.S. .DlJAlLX N.TS. l ~ SCAlEl'-4Q' "P 2fI '!' 80 120 ~ - GRAPHIC SCALE I:\S21D+\I!AP?lNG\m-3J125\JJl25-06.llWG +/11!W07 // // // // // // // // // // // // // // // // // // / 9 l.33Hs 33S . g . . " o , ~ ~: , ~ jl()! ~ ! ~ ~H', "/14 (W) ~M = CW) !h~ &! _Jg' a.. ! d ~~ 5 ~ jz::!i ~J ~I-H~U m !J : O:! ~ J . , . . ,~ ",,<fJ\ '" "," p u '" ~ p S' ,o./" #/ ;. ~ . ~ m ~, I . " 2 . ---z-'- ~ ~ ~ · l / to .l33HS 33S .- 1~ ~ o ~ . 3 . ij " ~ / // ~ g i c ~ ~ $ ~ '1.,-- - ~ " ". ~ ~ ~~ !\ . 1 . ~ ~ ~ ""<) . ~ I ~ I ~ I ~ @ I ~ & " f @ ~ " a I ;. . I ~ " / ~ . . \ ~ . . ~ ~ / / / / / / / / / / / / / / ! / I" / .I /f / / / / / / / / / / / / / / / / / ~ / /1 ~ / / / ~ III ~ j II O~ j / j j 'j II \ ~ II ~\"""'~Z ---/ I \~~:n ~ ~ ~/ }~~hi ~ ~I ~ }"~~ II \\~%~ 8 ' I ~\\\9~ 7. I' II \;\i~-~ ~~ <ft .~~~, II \ \h" l II - ~O'\ ,I l \ z I II' ~ ~ I I rJl ' I III ~ III ~ %~ ~f~ ~ ~~ .\\ t% ~~. ~~ ~\\ ~\ - i!t ~i ,,~ "Is .% ~q <$ \\ \\ / j / / f"$ L \ R-?","t..-- g "8 ~" ~ g .. ~ 'i\ - " ~ s " Ii - I. ITEM NO.1 0 I I Approvals City Attorney Director of Finance City Manager JM-.('" /J!2- ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 29639-1 (located southwest of the intersection of Date Street and Margarita Road within the Harveston Subdivision) PREPARED BY: Dan York, Deputy Public Works Director/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29639-1) BACKGROUND: Tract Map No. 29639-1 was recorded by the County Recorder on September 23, 2002. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one-year period in June, 2008. The Labor and Materials Bonds will be released six months into the one-year warranty period in December, 2007. The public streets now being accepted by this action are as follows: Portion of Date Street, portion of Margarita Road, Harveston Way, Lakeview Road, portion of Harveston Drive, Township Road, Harveston School Road, Village Road, Landings Road, and Lake House Road. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 07 - with Exhibits "A - B" inclusive. EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 29639-1 into the City-Maintained Street System as described as follows: 1. Lot "A" (portion of Date Street) of said Tract Map No. 29639-1. 2. Lot "B" (portion of Margarita Road) of said Tract Map No. 29639-1 3. Lot "C" (Harveston Way) of said Tract Map No. 29639-1 4. Lot "D" (Lakeview Road) of said Tract Map No. 29639-1 5. Lot "E" (Harveston Drive and Township Road) of said Tract Map No. 29639-1 6. Lot "F" (Harveston School Road) of said Tract Map No. 29639-1 7. Lot "G" (Village Road) of said Tract Map No. 29639-1 8. Lot "H" (Landings Road) of said Tract Map No. 29639-1 9. Lot "I" (Lake House Road) of said Tract Map No. 29639-1 RESOLUTION NO. 07-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NO. 29639-1 ) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On September 23, 2002, the County Recorder recorded Tract Map No. 29639-1 in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from Lennar Homes of California, Inc.; and, WHEREAS, City Public Works Staff reviewed and inspected the public irnprovernents and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of Ternecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: Susan W. Jones, MMC City Clerk EXHIBIT "An TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 29639-1 into the City-Maintained Street System as described as follows: 1. Lot "A" (portion of Date Street) of said Tract Map No. 29639-1. 2. Lot "B" (portion of Margarita Road) of said Tract Map No. 29639-1 3. Lot "C" (Harveston Way) of said Tract Map No. 29639-1 4. Lot "D" (Lakeview Road) of said Tract Map No. 29639-1 5. Lot "E" (Harveston Drive and Township Road) of said Tract Map No. 29639-1 6. Lot "F" (Harveston School Road) of said Tract Map No. 29639-1 7. Lot "G" (Village Road) of said Tract Map No. 29639-1 8. Lot "H" (Landings Road) of said Tract Map No. 29639-1 9. Lot "I" (Lake House Road) of said Tract Map No. 29639-1 EXHIBIT "B" TO RESOLUTION NO. 2007 - _ TRACT NO. 29639-1 N5!1-'V"04-' (Rw5Q') tea'i"5i'iJ-"li{;.1295')' .... 1@) 2@) @)) 3 LOT . ",. 1"00' BAFfllER STRIP' COUNTY OF RIVERSIDE l.t4INCORPORATED: TERRITORY 'TRACT NO. ~ TRACT NO. 28184 TRACT NO.29111 ~ 29111-1 ;i~M'8' 296/14-80 J _M.!._304/15~!J7 ~~~~~~ -_}e.__J I)II . ~ I DAJF" STJlfFl: T i )L ---- lN4T5613-E 1J24"74')lOT-"'-___ lN48-11'4:)-E75149-J-' 30 31 32 "3J}1 \i ::lg: ~~ ~~ 34- ~~ ~~ :::j~ '" i81'^ 5! t . ...~o~"! 01 ai D:: }-:::::E ~ .~"".":'..:iI._1o:;. ~f' OlIoll'lLl:.t ;;r!-l- . ~lilffi" fD c.. ...!o:~ 5 ~ ~~~ I.......~ut: i U !--to , 6 ~ I, O! ~ , "';;, L ~ G) ~. '!t~ ~~ 10 ~ \ LOT 167 LOT 142 LOT 166 INDEX MAP Ii - I. ITEM NO. 11 I I Approvals City Attorney Director of Finance City Manager JM.f" /JIZ au.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 29639-2 - Harveston Drive and Date Street (located southwest of the intersection of Margarita Road and Harveston Way within the Harveston Subdivision) PREPARED BY: Dan York, Deputy Public Works Director/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM - HARVESTON DRIVE AND DATE STREET (WITHIN TRACT NO. 29639-2) BACKGROUND: Tract Map No. 29639-2 was recorded by the County Recorder on November 3, 2003. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed for the infrastructure streets Harveston Drive and Date Street. The Performance Bond for these streets has been released. The one-year Warranty Bond will be released at the end of the one-year period in June, 2008. The Labor and Materials Bond will be released six months into the one-year warranty period in December, 2007. The public streets now being accepted by this action are as follows: Portions of Harveston Drive and Date Street as shown on attached Tract Map 29639-2. Acceptance into the City-maintained system of the completed infrastructure streets Harveston Drive and Date Street will allow for the initiation of City Police traffic enforcement. Other infrastructure streets within Tract No. 29639-2 are in the process of being completed and are not ready for acceptance at this time. These streets include Date Street - south of Ynez Road, Ynez Road from west City limit to 400 feet south of Equity Drive and Equity Drive. These remaining streets will be accepted for maintenance as they are completed. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 07 - with Exhibits "A - B" inclusive. EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 29639-2 into the City-Maintained Street System as described as follows: 1. Lot "B" (portion of Date Street) of said Tract Map No. 29639-2. 2. Lot "C" (portion of Harveston Drive) of said Tract Map No. 29639-2 RESOLUTION NO. 07-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM - HARVESTON DRIVE AND DATE STREET (WITHIN TRACT MAP NO. 29639-2) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On November 3, 2003, the County Recorder recorded Tract Map No. 29639-2 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Lennar Homes of California, Inc.; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed for Harveston Drive and Date Street as shown on Tract Map No. 29639-2; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract for Harveston Drive and Date Street have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "An TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 29639-2 into the City-Maintained Street System as described as follows: 1. Lot "B" (portion of Date Street) of said Tract Map No. 29639-2. 2. Lot "C" (portion of Harveston Drive) of said Tract Map No. 29639-2 E)O\lBtT "9" 'fO t<ESO~U'fIOIlIlO. Z001 -- TRi'CT NO. 29639-2 .0 . .'!TJ.l1- .~, K1f101C/U ,. ~ '\ -.. " 5 @ ~"""I.~.,..... ~. ,,~,\s.o. to. I . I '" REMAINlER" I ... I \ " 15 \ \CJ -"\- -~T"" f!j) ~ ~'-.!.- @ IIST~~l'Il.UfU l'ER""I<<l.~ ----~ ,-@ ACCEP1'e.O S1'Re.e.1'S \t-.l DEX Mfl..e. ,.,..- Ii - I. ITEM NO. 12 I I Approvals City Attorney Director of Finance City Manager ~r- ell (J(L,. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 29798-4 and 29798-8 (Located northeasterly of the intersection of Pechanga Parkway and Wolf Valley Road (within the Wolf Creek Subdivision) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 297984 AND 29798-8) BACKGROUND: Tract Map Nos. 29798-4 and 29798-8 were recorded by the County Recorder on April 29, 2004 and June 21,2004, respectively. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the two maps. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one-year period in June, 2008. The Labor and Materials Bonds will be released six months into the one-year warranty period in December, 2007. The public streets now being accepted by this action are as follows: Tract 29798-4 Hawk Court, Seagull Way, Seastar Place, and portions of Wallaby Way and Antelope Place. Tract 29798-8 Nightingale Road, Jaguar Way, Pheasant Place, and Macaws Court. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 07 - with Exhibits "A - B" inclusive. EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 29798-4 and 29798-8 into the City-Maintained Street System as described as follows: Tract MaD 29798-4 1. Lot "A" (portion of Antelope Place) of said Tract Map No. 29798-4 2. Lot "B" (Seastar Place) of said Tract Map No. 29798-4 3. Lot "C" (Seagull Way) of said Tract Map No. 29798-4 4. Lot "0" (portion of Wallaby Way) of said Tract Map No. 29798-4 5. Lot "E" (Hawk Court) of said Tract Map No. 29798-4 Tract MaD 29798-8 1. Lot "A" (Nightingale Road) of said Tract Map No. 29798-8 2. Lot "B" (Jaguar Way) of said Tract Map No. 29798-8 3. Lot "C" (Pheasant Place) of said Tract Map No. 29798-8 4. Lot "0" (Macaws Court) of said Tract Map No. 29798-8 RESOLUTION NO. 07-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 29798-4 AND 29798-8) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map Nos. 29798-4 and 29798-8 were recorded by the County Recorder on April 29, 2004 and June 21, 2004, respectively, in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Wolf Creek Development, LLC; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of T emecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPtED by the City Council of the City of Temecula this 12th day of June, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 29798-4 and 29798-8 into the City-Maintained Street System as described as follows: Tract MaD 29798-4 1. Lot "A" (portion of Antelope Place) of said Tract Map No. 29798-4 2. Lot "B" (Seastar Place) of said Tract Map No. 29798-4 3. Lot "C" (Seagull Way) of said Tract Map No. 29798-4 4. Lot "D" (portion of Wallaby Way) of said Tract Map No. 29798-4 5. Lot "E" (Hawk Court) of said Tract Map No. 29798-4 Tract MaD 29798-8 1. Lot "A" (Nightingale Road) of said Tract Map No. 29798-8 2. Lot "B" (Jaguar Way) of said Tract Map No. 29798-8 3. Lot "C" (Pheasant Place) of said Tract Map No. 29798-8 4. Lot "D" (Macaws Court) of said Tract Map No. 29798-8 EXHIBIT "B" TO RESOLUTION NO. 2007 - TRACT NO. 29798-4 ~;R \ ~ ~ <tit ~p;-~ ~5"'"'''~''' , t' 'Z;!o--:;r ~ ~8~: t_r,,~ "i<~ . ~:""""..!! .=.....-'!'~,---- " '1 ~ - --;;- l"'~ ~.$""-- PIl)A5"\ -........ '--urr--o- \~..J 8~. ~~ ~ !-WAllAl'YWAY 'N C6 ~l\I:';!.1j'40'If...\t.~) !boo09'39'4,n --JI~/r- ~z -- ------ 5 1'1-470.0(1) "'......." I~ ...... L-792T) ,,-_P!!..; I " '" (10721 1:1::. Cg: ti: 41 20 21 40 fb=05'42'1~") (N42'>>"5'"Wj f 'i ~ ~ ~< ..., \ l~:.t&~79~) (28.911') .......... I~ "'~ ~f, 42 '-~9&.40,) (Nl61S'M"E) "'",8 0 . ~ NS7'5S'59"W) '";. 0 z ...153 ,') ~:ll I~ >-ct ....... (N32"'S'58t:) ~ 5! ~,. ~~ ..... ~! .; T -'. ::! ~ It: ~ lOT 11 ~ :l: ~I r.'" -NOT A PARr : I~ .I~ ~r~ il ! ~'I~ ~I~ ~I g. f- a, ~~ ! f \ \\ I \ \ ~~~j V1C(/'l!T'( .M~ NOT 10 SCAlE " , '" (46.441 (N23"47"4TE) t~~'46.E) '<&,00' (N311"2S'12"E) ~ LOT 13 -NOT A PART" 160017"31'26") 1'1=530.00') L=162.10') NS2'27".w'E) 82.54') INDEX MAP EXHIBIT "B" TO RESOLUTION NO. 2007 - TRACT NO. 29798-8 V1CINJn' M~ NOT 1ll SCALE , I ,-. ~ ~ ~.;J 2 1 I ". 11 r_;.;J ;s ~~~t~ ~ 28 \~,~~ -'I '\ "_-. ~~ '~~" . '10-, J1 "'~18,!1 2 I 13 ~.-._.... (/;'~O.J\.1 - ~:; (1.2 JS.. _' 3S I ... -j3 i ,"" ~ NIGHllNEALE ROAD .....0 J ,,'" '\.:~ '} LOT -A" NNO-r A P ARr~<) - (N 52'0535- W 31735) 1rJ ?f)'OlO""--j I <''':'''''-'' .~~, rl.. ....... 0 V (41.04) hi ~.~ I 0'" ....'\. I L 0) 14 "' "NO) A PAR)" ME 350/65-78 34 $7 ~\!I! .~~ I I I -<> I '0......,+ ~~~~ -f;?I...~ . --I --r-- I f ~ f,8~1 oi .0 i if rrl " '" >/ I ~I ~ b / Ici~1 f ~I .... ..-'1 i:) . 1 . o ;~ 1 !;' ~.- ~"f: 1 ;~J~i ':j~ 1 1 I I INDEX MAP Ii - I. ITEM NO. 13 I I Approvals City Attorney Director of Finance City Manager ~ ell (JU.., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 30668 and 30668-1,30668-2 (Located southwest of the intersection of Harveston Drive and Lake House Road within the Harveston Subdivision) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30668, 30668-1 AND 30668-2) BACKGROUND: Tract Map Nos. 30668, 30668-1 and 30668-2 were recorded by the County Recorder on April 28, 2004. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the two maps. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one-year period in June, 2008. The Labor and Materials Bonds will be released six months into the one-year warranty period in December 2007. The public streets now being accepted by this action are as follows: Tract 30668 Portion of Oak Park Lane, Salem Way and portion of Logan Court. Tract 30668-1 Lake House Road, portion of Sarasota Lane, and portion of Edenton Way. Tract 30668-2 Auburn Lane, portion of Oak Park Lane, portion of Edenton Way, portion of Logan Court, and portion of Sarasota Lane. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 07 - with Exhibits "A - B" inclusive. EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting a certain public street offered to and accepted by the City of Temecula as indicated on Tract Maps 30668, 30668-1 and 30668-2 into the City-Maintained Street System as described as follows: Tract MaD 30668 1. Lot "A" (portion of Oak Park Lane) of said Tract Map No. 30668 2. Lot "B" (Salem Way) of said Tract Map No. 30668 3. Lot "C" (portion of Logan Court) of said Tract Map No. 30668 Tract MaD 30668-1 1. Lot "A" (Lake House Road) of said Tract Map No. 30668-1 2. Lot "B" (portion of Sarasota Lane) of said Tract Map No. 30668-1 3. Lot "C" (portion of Edenton Way) of said Tract Map No. 30668-1 Tract MaD 30668-2 1. Lot "A" (Auburn Lane) of said Tract Map No. 30668-2 2. Lot "B" (portion of Oak Park Lane) of said Tract Map No. 30668-2 3. Lot "C" (portion of Edenton Way) of said Tract Map No. 30668-2 4. Lot "0" (portion of Logan Court) of said Tract Map No. 30668-2 5. Lot "E" (portion of Sarasota Lane) of said Tract Map No. 30668-2 RESOLUTION NO. 07-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 30668, 30668-1 AND 30668-2) THE CITY COUNCIL OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS FOllOWS: WHEREAS, On April 28, 2004, the County Recorder recorded Tract Map Nos. 30668, 30668-1 and 30668-2, in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from lennar Homes of California, Inc.; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "Au TO RESOLUTION NO. 2007 . Accepting a certain public street offered to and accepted by the City of Temecula as indicated on Tract Maps 30668, 30668-1 and 30668-2 into the City-Maintained Street System as described as follows: Tract MaD 30668 1. Lot "A" (portion of Oak Park Lane) of said Tract Map No. 30668 2. Lot "8" (Salem Way) of said Tract Map No. 30668 3. Lot "C" (portion of Logan Court) of said Tract Map No. 30668 Tract MaD 30668-1 1. Lot "A" (Lake House Road) of said Tract Map No. 30668-1 2. Lot "8" (portion of Sarasota Lane) of said Tract Map No. 30668-1 3. Lot "C" (portion of Edenton Way) of said Tract Map No. 30668-1 Tract MaD 30668-2 1. Lot "A" (Auburn Lane) of said Tract Map No. 30668-2 2. Lot "8" (portion of Oak Park Lane) of said Tract Map No. 30668-2 3. Lot "C" (portion of Edenton Way) of said Tract Map No. 30668-2 4. Lot "D" (portion of Logan Court) of said Tract Map No. 30668-2 5. Lot "E" (portion of Sarasota Lane) of said Tract Map No. 30668-2 !;X1I!S!' "s" .0 RESOLU.ION NO. 2001 . - TRACT NO. 30668 ""'" ~ 1 , ~ i ~ " ~tctllt1'f~ ~ TP.Ar'.- I , I '-'.1.;" NO. 01 II' I ,., , .96"9 . 323''''0 .... -1 ,17 LOT ,,. ~ -!'O "\ ..J ) \ >-::/.~ ~t1-\'!f <;p.}..~ ~\s (j-::~i!9 --'\ >-,,#o{I!qj .-<'~\/~1\ d\/\~ , r.r-....~ I \' / I 1'9\\ ~\. TRACT \ I( \ I J I ,. \ . 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"",'" "",,.. 1 I I!! ., ~ ... -0 1 / " ~ > .~ I I i ::::;- f ~, ? \1" ~q '>)..J ...../ I .: ~ I > 0 I~ r :> I · 1<.... .,... /. ) . .' . > ~~ ~J. ,-::- '- ' _ _' \,; . /~~~ --.f~& ....... _ v,,"- I " ~ ~ ~ ,~ _ _ -I ~~ ,~."., /. -:;<:,,"'-", ~":^-:-_ _ . ..::::::- _ C~1lL ~ ;j$.qi/':~\" ,<--"'> \ "-,\" c' _ "'~' / /\ ","{f ,"" '/l HARVEsii _ _ !:!::.1\a"48~' ~ .- ~ /\ \ ~<:)'80:r / '" DRIVE '. f '\ '\ \ ,}ft" \ ~. ~ \~ \\ \"'.\.O....,I~>.:>"i \l-''O'Y ~ YAW:< ......, l':ii VICIN1'!'1~ ~ ~/ \NOE)( MA.e. :.:--- Ell"'81T "8" ~O IlE50\.U'TION NO. 2007 . - ,.RAe" NO. 30668-2. '!! ')'. . ~ g t .." ,,'" ,""", ~ 511E ~ . ~ 8. ~ ~ \ Y.-uJ:,-y -- r~.AY '- ,'. '-- ~ T '- - ~------ ~ /" ,- - ---l.. ~"^> ,. /4f '\ " "0 ~ .~ 4'q \ '01- "><..>' ,? I --; ... ... _. ~ __', <'>, ~ I / / 'l" $// 8.;>& \ '~O -'I / "f ,0 ..../ ~ ~,""<? @ ell LAKE / I I ' . "" "li>- 1 5; - '" """ "'" I , > " I ~ I . - ~- - L ~ ( '(', ~fl''- IlEARIm5 ~- if: ,,'11-., '.' rr".;T---<- · ~l""'" ~ .... ' " '71">,' --, 'T · . ~ . . lc' /, I. ~ -L ;/"'" ,,\ · _ ~ ~, _OJ.;a ~ ::-'>-l ' · -~)~ {>E-:' I ~ II "&,' $ -. "i -' I ~-~ · ~ I. ~ - 7 / I..:-J ~~. _ ..'1\-,., I'~ .....-. L.. A?! -- J 0> I i:'/ .!!' -,i~./f'/~ 7 I 0> " -L 5 .,f,' , ,,-I 1>/1 {iI m \ ~ " " . ", ' >, if .( ~::: ~ ~ ..~:.~A:<>iYIJ,/I:ot:: I r I ~'.<i$ .," '-...'" " &;0-..1 J · """ i?!1';. "'#-' II (!; $'" , N ''&.'- ~/'4;j{:t,'~~~>/ ~1~~~ .. ,I I " . .,. " · ~. \.-J / '~' ,/ ~ ~~ .<., .. .,." ,'+/" .. 0- ","i, i <0 ,.-1/ .:~ '1;....... "" I~ ." , X,!,"%' +~<<....... $i-? ~...", fJ. ;'I ~f~< ,,4# ','_"" ..f:.": ~#.<~ " · ~~ ~_~". ~1<>\ "" _ --\ c><:..' \ \:';fl .'b...... _ _ __ __ -'"\ \~\ \.;f;>.'<!J \"J~ ~ fi~\\ \'(-, 'Pi) Ii:' 'i 'f:. ~~ \ ~ Ii - I. ITEM NO. 14 I I Approvals City Attorney Director of Finance City Manager ~ /J~ (J{L. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2006 SUBJECT: Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Main Street between Murrieta Creek and the easterly terminus of Main Street at Interstate 15) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAAUTHORIZING THE CLOSURE OF A PORTION OF A MAIN STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The Annual Street Painting Festival scheduled for June 23rd and 24th of this year necessitates the physical closure of certain streets in the Old Town area, and related detouring, as these streets serve as the canvas on which artists will paint. The street closures will also serve to accommodate and provide the free movement of pedestrian traffic by minimizing potential vehicular-pedestrian conflicts. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessaryforthe safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the Street Painting Festival sponsored by the City of Temecula. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subjectto rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's Street Painting Festival requires the closure of Main Street between Murrieta Creek and the easterly terminus of Main Street at Interstate 15 from 6:00 AM on Saturday June 23rd 2007 to 5:00 PM on Sunday June 24th 2007. The designated streets will remain closed through Saturday night. Old Town Front Street and Mercedes Street shall remain open to through traffic at all times. FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of necessary warning and advisory devices by the Temecula Community Services Department and the City Public Works Maintenance Division are included in budgetary items. ATTACHMENTS: 1. 2. Resolution No. 2007- Location Map RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CLOSURE OF A PORTION OF A MAIN STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, the City of Temecula desires to authorize the closure of public streets for the Street Painting Festival sponsored by the City of Temecula, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for this special event; and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets, specifically Main Street between the Murrieta Creek and the easterly terminus of Main Street for the Street Painting Festival; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Street Painting Festival sponsored by the City of Temecula, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the Street Painting Festival scheduled from 6:00 AM Saturday June 23rd, 2005 to 5:00 PM Sunday June 24th, 2005 and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12 day of June, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: Susan W. Jones, MMC City Clerk OLD TOWN TEMECULA STREET PAINTING FESTIVAL June 23, 24, 2007 Saturday 8 a.m. to 6 p.m., Sunday 8 a.m. to 5 p.m. Street closure Saturday, JUne 2;3, 6 a,m. - fe.opens Sunday June 24, 5 p.m. .,"::: ',. , '. :\ ~"".' ,. ""J>' ", '. '4i;... ," . y' ~~~ '. . >~;,'rc~. ......' ...'0.... .~~...... \~~.., ~ .0''1', ~~< .... . . ; ......, . C:J~.".,..,- ., . . ..... '. "., ./....).:. . '<J~ ,/fp."~" . .' .'.04' . ",' /.0..;) . ..~~ :s- .' " <?o 'fY . /-. ..' .. '. ,.o'~/, ~ "'Y~..'" ,. ~~'~1ii, ,i-" """. '\, .. , .' "", ... " . .....~ . ~ ~ CANOPY 20X20 SIGN UP . CANOPY lOX I 0 BAND FOOD VENDORS o Commercial Vendors , ~~~ '.. ". I3locked orf east of Children's Museum Parking Lot. all or Main SL. east. Open at cross streets "' ( , e;,0 '" LOCATioN t\~r Ii - I. ITEM NO. 15 I I Approvals City Attorney Director of Finance City Manager ~ ell ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: First Amendments to Professional Services Agreements for Real Estate Appraisal Services for Various Capital Improvement Projects for FY 2007-2008 PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the agreement with Donahue & Company, Inc., in the amount of $50,000.00 to provide as needed real estate appraisal services for FY2007- 2008; and 2. Approve the First Amendment to the agreement with Lea Associates, Inc., in the amount of $50,000.00 to provide as needed real estate appraisal services for FY2007 -2008; and 3. Approve the First Amendment to the agreement with Mason & Mason in the amount of $50,000.00 to provide as needed real estate appraisal services for FY2007 -2008; and 4. Approve the First Amendment to the agreement with Robert Shea Perdue in the amount of $50,000.00 to provide as needed real estate appraisal services for FY2007 -2008; and 5. Approve the First Amendment to the agreement with Riggs & Riggs, Inc., in the amount of $50,000.00 to provide as needed real estate appraisal services for FY2007 -2008; and 6. Authorize the Mayor to execute the agreements. BACKGROUND: On June 13,2006 the City Council approved the Fiscal Year 2006- 2007 Professional Services Agreements with Donahue & Company, Inc. in the amount of $50,000, Lea Associates, Inc. in the amount of $50,000, Mason & Mason in the amount of $50,000.00, Robert Shea Perdue in the amount of $50,000.00 and Riggs & Riggs, Inc., in the amount of $50,000.00 to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. The City reserved the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. A Request for Qualifications was sent out March 29, 2006 and responses were received on April21, 2006. Of the seven firms that responded, five firms were selected for an annual agreement so that the City is assured that at least one firm will be available when needed. Once the agreement is executed, each service request will be negotiated separately and may contain some or all of the following: D Research and/or review Title Reports D Prepare necessary surveys and identify existing right-of-ways D Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. D Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes D Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. D Appraise properties for the purpose of estimating market value and provide appraisal reports The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: Contracts FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007-2008 PROFESSIONAL REAL ESTATE APPRAISAL SERVICES BETWEEN CITY OF TEMECULA AND DONAHUE & COMPANY, INC. THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Donahue & Company, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional real estate appraisal services for Fiscal Year 2006-2007 ("Agreement") in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Payment. Is here by amended to read as follows: The parties now desire to increase the payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services for a total agreement amount, of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\Agreements\Masters\Annual Contracts\2007-2008\Donahue 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor Approved As to Form: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONSULTANT: Donahue & Company, Inc. 1601 Dove St., Suite 170 Newport Beach, CA 92660-1421 (949) 760-3166 John C. Donahue, MAl, President Sydney H. Hawran, MAl, Vice President (Two Signatures Required For Corporations) 2 ATTACHMENT A DONAHUE & COMPANY, INC. PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 ..JOHN C. DONAHUE, MAl BAR8ARA L. ZACHRY, MAl SYDNEY H. HAWRAN, MAl ..JAM ES C. MALM ..JANYCE F'. WACKER TINA M. ELMORE LESLEY ELLIOTT DONAHUE [;) COMPANY, INC. PROPERTY AND URBAN ECONOMICS NEWPORT PLAZA 1601 DOVE STREET. SUITE 170 NEWPORT BEACH. CALIFORNIA 92660-1421 RECEIVED MAY 0 3 Z007 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT TELEPHONES: (949) 760-3166 (800) 734-0074 F'ACSIMILE: {949} 760-5496 May 2, 2007 Ms. Laura Bragg City ofTemecula Public Works Department P. O. Box 9033 Temecula, CA 92589-9033 Re: Appraisal Services Contract Extension Dear Ms. Bragg: Donahue & Company, Inc. is very interested in extending our Appraisal Services contract with the City of Temecula for the 2007-2008 period. For your records, I have included our latest professional rate information. As I mentioned in our telephone conversation, I will be out of the office from May 10lh through May 28th, please send any correspondence during that time to my associate, Mr. James MaIm. I greatly appreciate being retained on your appraisal services list. Respectfully submitted, DONA~&CQMP/~.lN . / qdb~ Y/- Sydney H. ::":ZAI SHH:tme DONAHUE & COMPANY, INC. RATE SCHEDULE Effective Februarv. 2007 Due to the diversity of assignments undertaken by our firm, all bids are project-specific. Large projects or those of extended duration may benefit from economies of scale. Where required, appraisal assignments are proposed as lump sum rather than at hourly rates. In complex matters, or when litigation support is necessary, Donahue & Company utilizes a Two-Tier hourly rate schedule, with each tier defined as follows: Tier A Hours: This category applies to time spent in a) initial appraisal investigation and subsequent report preparation, b) attorney/client conferences, and c) pretrial preparation including trial notebook, statements of valuation and court exhibit preparation. Tier B Hours: Hours spent in either a) deposition, b) arbitration and/or c) actual trial testimony, including standby, are billable under Tier B rates. Tier A TierB John C. Donahue, MAl $350/hr. $450/hr. Barbary Zachry, MAl $250/hr. $300/hr. Sydney H. Hawran, MAl $250/hr. $300/hr. James C. Maim $200/hr. Research Personnel $100/hr. Administrative Assistance $50/hr. In addition to hourly billings, expenditures incurred for sub-consultants, trial exhibits, messenger services, aerial photographs, etc. will be passed through to the client, with invoice copies attached to the monthly statements. Unless otherwise stated, payment terms are net thirty (30) days. Any past due balance is subject to a finance charge, computed at the periodic rate of 1.25 percent per month, equal to an annual percentage rate of 15 percent per annum. In addition to invoices rendered and interest thereon, the client agrees to pay all legal expenses and costs incurred by Donahue & Company, Inc. in the collection of any delinquent accounts. FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007-2008 PROFESSIONAL REAL ESTATE APPRAISAL SERVICES BETWEEN CITY OF TEMECULA AND LEA ASSOCIATES, INC. THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Lea Associates, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional real estate appraisal services for Fiscal Year 2006-2007 ("Agreement") in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Payment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services for a total agreement amount, of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Except for the changes specifically set forth herein, alLother terms and conditions of the Agreement shall remain in full force and effect. 1 R\Agreements\Masters\Annual Contracts\2007 -2008\Lea Assoc 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT: Lea Associates, Inc. 1635 Pontius Ave. Los Angeles, CA 90025 (310) 477-6595 Robert M. Lea, MAl, President/CEO (Two Signatures Required For Corporations) 2 ATTACHMENT A LEA ASSOCIATES, INC. PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2007.2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 Lea Associates Property Economics Robert M. Lea, MAl JohnJ. Gobbell,Jr., MAl Geoffrey W. Capell Barbara J. Lambe Jerardo Arciniega Anna Kruchinina SENT VIA FACSIMILE (619) 693-9329 RECEIVED MAY 0 7 2007 May 3, 2007 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT Ms. Laura Bragg Project Engineer City of Temecula Public Works Department 43200 Business Park Drive Temecula, California 92589-9033 Re: Extension of Annual Agreement For Appraisal Services Fiscal Year 2007-2008 Dear Ms. Bragg: In accordance with your request, we hereby exercise our option and interest in extending our annual agreement for appraisal services with the City of Temecula, Public Works Department for the Fiscal Year 2007 - 2008. We have attached a copy of our fee schedule. As requested, Lea Associates will only charge for work performed not for a minimum number of hours or any travel time. Thank you for the opportunity to provide future real property analysis services. If any questions remain concerning this request for an extension of our annual agreement with you or the subject matter thereof, please call and I will respond promptly. We look forward to undertaking interesting assignments on your behalf. Respectfully submitted, LEA ASSOCIATES, INC. /~~4- Robert M. Lea, MAl RML:cr .- .;j. Lea Associates, Inc. Property Economics 1635 Pontius Avenue Los Angeles, California 90025 Telephone (310) 477-6595 Fax (310) 914-0249 E-mail: info@leaassoc.com @ Individual Robert M. Lea, MAl John J. Gobbell, Jr., MAl Barbara J. Lambe, Analyst Geoffrey W. Capell, Analyst Jerardo Arciniega, Analyst Joshua M. Fidani, Associate Word Processing/Support LEA ASSOCIATES, INC. HOURLY BILLING RATES AS OF MAY 1, 2007 Standard Honrlv Rate $275.00 175.00 85.00 85.00 70.00 50.00 50.00 Pre- TriaIITrial Hourlv Rat~ $350.00 250.00 100.00 100.00 90.00 70.00 50.00 FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007-2008 PROFESSIONAL REAL ESTATE APPRAISAL SERVICES BETWEEN CITY OF TEMECULA AND MASON & MASON REAL ESTATE APPRAISERS & CONSULTANTS THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Mason & Mason Real Estate Appraisers & Consultants, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional real estate appraisal services for Fiscal Year 2006-2007 ("Agreement") in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Payment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services for a total agreement amount, of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\Agreements\Masters\Annual Contracts\2007-2008\Mason & Mason 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT: Mason & Mason Real Estate Appraisers & Consuitants 2909 Honolulu Ave., Suite 100 Montrose, CA 91 020-1706 (818) 957-1881 Frances Wolfe Mason, President (Two Signatures Required For Corporations) 2 ATTACHMENT A MASON & MASON REAL ESTATE APPRAISERS & CONSULTANTS PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2007.2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 MASON & MASON Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 91020-1706 Telephone (818) 957-1881 Fax (818) 957-1891 e-mail: fmason@mason2.com May 3, 2007 Via email onlv laura. bragg(al,citvoftemecula.org Laura E. Bragg, Project Engineer - Capital Projects City of Temecula Department of Public Works 43200 Business Park Drive Temecula, CA 92590 RE: Annual Agreement for Appraisal Services Mason & Mason Real Estate Appraisers & Consultants Dear Ms. Bragg: In response to your email, please accept this letter which serves to extend our "Annual Agreement for Appraisal Services" for 2007-2008. Work will be billed on an hourly basis, per the attached Mason & Mason 2007 Fee Schedule. Per the terms of our agreement, there is no minimum fee or a fee for travel time, mileage will not be charged and only work performed will be billed. Thank you for extending our contract, it is always a pleasure to work with the City of Temecula. Very truly yours, MASON & MASON ~~-.,~ Frances Wolfe Mason, MAl FWM:mm Enclosure MASON & MASON Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 91020-1706 Telephone (818) 957-1881 Fax (818) 957-1891 a-mail: fmason@mason2.com 2007 STANDARD FEE SCHEDULE Compensation for work performed on a time-and-materials basis will be computed as follows through December 31,2007: APPRAISAL AND PROJECT SUPERVISION SERVICES . Principal Appraiser . Associate Appraiser . Research $200.00 to $425.00/hour $175.00 to $300.00/hour $ 85.00 to $125.00/hour EXPERT WITNESS SERVICES Consultation, Deposition, and Court Appearance . Frances Wolfe Mason, MAl . Bradford D. Thompson, MAl, SR/WA . Vincent G. Maher, MAl . Lisa M. Benson, MAl . Kate C. McWatters, MAl SRA . Harry A. McWatters, MAl . Kim Pasquariello, SRIWA . Robert W. Waters, MAl, SRIWA $425.00/hour $300.00/hour $225.00 hour $225.00/hour $225.00/hour $200.00/hour $225.00/hour $225.00/hour Clerical Research Court Exhibit Preparation Minimum Charge for Deposition and Court Appearances $60.00 to $ 75.00/hour $85.00 to $125.00/hour $75.00 to $ 85.00/hour 4 hours MISCELLANEOUS EXPENSES The following are billed at cost: . Subcontractor Services . Printing Services . Photo Services . Court Exhibits . Long Distance Telephone Calls, Fax, etc. . Commercial Delivery Services . Computer Services . Air Transportation and Travel Expenses . Automobile Travel @ $0.44 per mile Revised 10/06 FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007.2008 PROFESSIONAL REAL ESTATE APPRAISAL SERVICES BETWEEN CITY OF TEMECULA AND ROBERT SHEA PERDUE REAL ESTATE APPRAISAL THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Robert Shea Perdue Real Estate Appraisal, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional real estate appraisal services for Fiscal Year 2006-2007 ("Agreement") in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Payment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services for a total agreement amount, of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R\Agreements\Masters\Annual Contracts\2007-2008\RobertShea Perdue 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT: Robert Shea Perdue Real Estate Appraisal 41919 Moreno Rd., Suite A Temecula, CA 92590 (951) 694-6904 Robert S. Perdue, MAl, Owner (Two Signatures Required For Corporations) 2 ATTACHMENT A ROBERT SHEA PERDUE REAL ESTATE APPRAISAL PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 Sent By: ROBERT S PERDUE; 9516946964; May-?-O? 3:05PM; Page 2/2 ROBERT SHEA YJ!:KDUE REAL ESTATE APPRAISAL 41919 Moreno Rood, S"jto A, Tom"""ta, CA 9~590 Serving The Inl""d Empire Appraisal Consultants to Government, Firuuu:ial, Lcgai lUuJ Agricultural l1ulustries May 7, 2007 ML Amer Attar, P.R, MEA Senior Engineer-Capital Projects City of Temecula 43200 Business Park Drive Temccula, CA 92590 Subject ANNUAL AGREEMENT FOR APPRAISAL SERVICES Various CTP Projects Approved for FY 2007-2008 Dear Mr. Attar: This letter will serve as an upelate to the FY 2006-2007 Annual Agreement For A ppraisal Services between ROBERT SHEA PERDUE REAL EST A TE APPRAISA Land the City of Temecula. All conditions, including personnel, and location of said Contract, are the same, anel shall remain in full foree and effeet for the FY 2007-2008. Further, travel time willllot be billed and there is no minimum charge for appraisal assignments. Should you have any questions, Of if you require additional information, please contact me directly. Sincerely, ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 2 ~}l PA)\j)~ Robert S. Perdue, MAl RSP:cc a Telephone: (951) 694-6904 Fax: (951) 694-6964 FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007.2008 PROFESSIONAL REAL ESTATE APPRAISAL SERVICES BETWEEN CITY OF TEMECULA AND RIGGS & RIGGS, INC. THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Riggs & Riggs, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional real estate appraisal services for Fiscal Year 2006-2007 ("Agreement") in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Payment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2007-2008 Professional Real Estate Appraisal Services for a total agreement amount, of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\Agreements\Masters\Annual Contracts\2007-2008\Riggs & Riggs 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT: Riggs & Riggs, Inc. 4195 Valley Fair St., Suite 207 8imi Valley, CA 93063 (805) 578-2400 Bryan G. Riggs, President/Secretary Joyce L. Riggs, Vice President/CFO (Two Signatures Required For Corporations) 2 ATTACHMENT A RIGGS & RIGGS, INC. PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 May 4, 2007 Ms. Laura Bragg Public Works Department City of Temecula 43200 Business Park Drive Temecula, California 92590 RECEIVED MAYO 7 Z007 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT Re: Response to Request for Renewal of Annual Agreement for Appraisal Services and/or Review Services for Year 2007-2008 Dear Ms. Bragg: In response to the request for renewal of our Annual Agreement, described above, Riggs & Riggs, Inc. is interested in extending our Annual Agreement for the Fiscal Year 2007/2008. Riggs & Riggs, Inc. does not charge minimum fees for assignments or travel expenses. However, if an assignment is cancelled by the City prior to completion, Riggs & Riggs, Inc. will charge for time incurred until that date. Hourly rates associated with appraisal and consulting assignments are listed below. All appraisal assignments will be based on a fixed fee per assignment including overtime and mileage costs but vary on complexity of assignment. Any additional analyses or meetings, pretrial, and trial time which are beyond the scope of the contracted appraisal assignment are billed based on the following list. Out of pocket expenses associated with trial preparation and testimony shall be submitted as a reimbursable expense. Proiect Mana2:er. Arpraiser. Consultant: Joyce L. Riggs, MAl, SR/W A Bryan G. Riggs, MAl, SR/WA $225/hour $225/hour ApPraisers and Consultants MarkD. Brusca Daniel J. Kazden and Benjamin Seitz Heather N. Riggs $150/hour $ 1 25/hour $IOO/hour Administrative Services: Pamela E. Burkle Bryan K. Rodie $75/hour $75/hour Subcontractor: Robert B. Riggs $125/hour Ms. Laura Bragg May 4, 2007 Page Two Should you have any questions, or need additional information, please do not hesitate to contact us. We look forward to the opportunity of working with you and servicing your appraisal and consulting needs. Respectfully submitted, RIGGS & RIGGS, INC. n ci~' (~RiggS,M , RfWA too ,,,,;@", ood C 0 Ijlr Ii - I. ITEM NO. 16 I I Approvals City Attorney Director of Finance City Manager ~ /112. CJG..- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: First Amendments to the Professional Services Agreements for Survey Services for Various Capital Improvement Projects for FY2007-2008 PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve the agreement with Cozad & Fox, Inc., in the amount of $100,000.00 to provide as needed engineering and construction survey services for FY2007 -2008; and 2. Approve the agreement with Nolte Associates, Inc., in the amount of $1 00,000.00 to provide as needed engineering and construction survey services for FY2007 -2008; and 3. Authorize the Mayor to execute the agreements BACKGROUND: On June 13, 2006 the City Council approved the Fiscal Year 2006- 2007 Professional Services Agreements with Cozad & Fox, Inc., in the amount of $1 00,000.00 and Nolte Associates, Inc., in the amount of $100,000.00 to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up throughout the year. The City reserved the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. A Request for Qualifications was sent out on March 29, 2006 and responses were received on April 21,2006. Of the twelve firms that responded, two (2) firms were selected for agreements so thatthe City is assured that at least one firm will be available when needed. Once the agreements are executed, each service request will be negotiated separately with one of the two (2) firms and may contain some or all of the following services: o Research existing survey data such as maps, records of survey, monument ties, and benchmarks o Locate existing monuments D Performing boundary and control surveys D Prepare legal descriptions and plat maps for right-of-way acquisition D Perform Aerial mapping and topographic surveys D Establish and verify horizontal and vertical control D Locate horizontally to 0.1 .:!: feet all existing facilities D Performing field surveying for project design purposes D Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & cutters, etc. The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: Contracts FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007.2008 PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES BETWEEN CITY OF TEMECULA AND COZAD & FOX, INC. THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Cozad & Fox, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional engineering and construction survey services for Fiscal Year 2006-2007 ("Agreement") in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Payment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Engineering and Construction Survey Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Engineering and Construction Survey Services for a total agreement amount, of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\Agreements\Masters\Annual Contracts\2007-2008\Cozad 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Cozad & Fox, Inc. 151 S. Girard St. Hemet, CA 92544-4662 (951) 652-4454 Kevin B. Cozad, President Brian Fox, Vice President (Two Signatures Required For Corporations) 2 ATTACHMENT A COZAD & FOX, INC. PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 RECEIVED MAY 0 2 2007 . CIVIL / STRUCTURAL ENGINEERS . MUNICIPAL CONSULTANTS . SURVEYORS / PLANNERS . WATER RESOURCES . TRANSPORTATION CITY OF TEMECULA PUBLIC WORKS DEPARTMENT May 1, 2007 Laura Bragg Public Works Department - Capital Projects City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 RE: STATEMENT OF QUALIFICATIONS FOR ANNUAL AGREEMENT FOR ENGINEERING AND CONSTRUCTION SURVEY SERVICES FOR F.Y. 2007-2008 Dear Laura, During the last seven years, our office has provided the City of Temecula's Public Works Department with Annual Engineering and Construction Surveying Services. During the next fiscal year, we want to do everything possible to continue to provide the Public Works Department with the high quality, prompt service the City has come to expect of us. As we've continued our ongoing professional relationship with the City's staff, we've had the opportunity to develop an even deeper commitment to help the City meet it's goals of completing projects on time, within budget, and to the staff's expectations. We view the City of Temecula as one of our premiere clients. We want to provide you with excellent service, so we still maintain a manageable staff and work backlog, which enables us to respond to the City's needs promptly. Cozad & Fox, Inc. will provide civil engineering and surveying services to the City based upon our current fee schedule. These services will be provided with no travel time and no minimum charge to the City. We would also be willing to bring our professional staff of engineers and surveyors in to meet with the City's staff to discuss how we can provide the City with even better service. ThankS';!~ ~ozad President KC/rs C;\My Documents\estimates\letlers\Temecula FY 2007-2008 SOO Ur.doc 151 South Girard Street . Hemet, CA 92544-4662 951 /652-4454 . FAX: 951 /766-8942 . kbcozad@kbcozad.com . CIVIL I STRUCTURAL ENGINEERS . MUNICIPAL CONSULTANTS . SURVEYORS I PLANNERS . WATER RESOURCES . TRANSPORTATION SCHEDULE OF FEES January 1, 2007 GENERAL SCOPE OF SERVICES Cozad & Fox, Inc. provides services in the fields of civil engineering, structural engineering, and land surveying in accordance with presently accepted professional practices. Cozad & Fox, Inc. does not provide services relating to construction safety and shall be held harmless by the contractor from any liability in this regard. In the event that the client requests termination of work prior to its completion, we reserve the right to complete, at the client's expense, such analysis and records as are considered necessary by us to place our files in order and/or to protect our professional reputation. PERSONNEL CHARGES - RATES PER HOUR Principal Civil Engineer/Principal Land Surveyor/Structural Engineer .............................. $195.00 Senior Project Engineer..... .................. .............. ..... ........ ..... ........ .......................... .......... $160.00 Project Engineer ............................. ..................... ..... ............. .......................................... $140.00 Assistant Project Engineer.. ................................ ..... ........ ........ ..... ................................... $120.00 Administrative/Project Coordination........... ................ ........ ........ ........... ............ ................. $95.00 Typing, printing ......................................... .............. ..... ........ .............................................. $45.00 Survey - Office Analysis................................................................................................... $160.00 Two Man Survey Crew (4 hr. minimum, Travel time charged portal to portal) .................. $250.00 Extra Survey Crew Support (Traffic control, etc.) .........................................Estimated by project OTHER CHARGES Expert Witness - Deposition and/or Court appearance................................ Two times hourly rate Expert Witness - Research, Case Review and/or Preparation......................... Normal hourly rate Mileage to and from meetings or project site................................................................ $0.45/mile Reimbursable Expenses and Sub Consultants ...........................................................Lump Sum TERMS OF PAYMENT All services will be progress billed weekly, and all invoices are due and payable when issued unless otherwise agreed. Retainers are required for all projects. Our fee schedule is based upon prompt payment of fees. Interest will accrue at the rate of 1 Y:. percent of the invoice total per month on invoices 30 days old or older. If suit or action is instituted to collect any sum due, the client shall be liable for attorney's fees and court costs. 151 South Girard Street . Hemet, CA 92544-4662 951 /652-4454 . FAX: 951 1766-8942 . kbcozad@kbcozad.com FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007-2008 PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES BETWEEN CITY OF TEMECULA AND NOLTE ASSOCIATES, INC. THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Nolte Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional engineering and construction survey services for Fiscal Year 2006-2007 ("Agreement") in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Pavment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Engineering and Construction Survey Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Engineering and Construction Survey Services for a total agreement amount, of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\Agreements\Masters\Annual Contracts\2007-2008\Nolte 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Nolte Associates, Inc. 1507 Avenue of Science, Suite 100 San Diego, CA 92128 (858) 385-0500 John A. Dallen, Jr. Chief Financial Officer Bill Miller, Senior Vice President (Two Signatures Required For Corporations) 2 ATTACHMENT A NOLTE ASSOCIATES, INC. PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 I'JOL.J t: BEYOND ENGINEERING May 7, 2007 Laura Bragg City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: City of Temecula On-Call Land Surveying Services Dear Laura, Pursuant to our recent phone conversation, please accept this letter as Nolte Associates request to extend the On-Call Services contract to provide Land Surveying services for the next city fiscal year. Please contact me at 951-830-7918 or via email at Kevin.mchu!!:hrlVnolte.com with any questions or comments. Respectfully Nolte Associates, Inc. ~~, Survey Manager NOLTE ASSOCIATES, INC. 43620 RIDGE PARK DRIVE, SUITE 210 TEMECULA, CA 92590-5520 951.5068500 TEL 951.506.4188 FAX WWW NOLTE.COM @Prin<.do"popormod.witl1l00%po"<on'"mer~bet Ii - I. ITEM NO. 17 I I Approvals City Attorney Director of Finance City Manager ~ ell CJll.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Direstor of Public Works DATE: June 12,2007 SUBJECT: First Amendments to Professional Services Agreements for Geotechnical & Material Testing Services for Various Capital Improvement Projects for FY2007- 2008 PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the agreement with Converse Consultants in the amount of $1 00,000.00 to provide as needed geotechnical and materials testing services for FY2007-2008; and 2. Approve the First Amendmentto the agreement with Ninyo & Moore in the amount of $100,000.00 to provide as needed geotechnical and materials testing services for FY2007- 2008; and 3. Approve the First Amendment to the agreement with Petra Geotechnical, Inc. in the amount of $1 00,000.00 to provide as needed geotechnical and materials testing services for FY2007-2008; and 4. Authorize the Mayor to execute the agreements. BACKGROUND: On June 13, 2006 the City Council approved the Fiscal Year 2006- 2007 Professional Services Agreements with Converse Consultants in the amount of $1 00,000.00, Ninyo & Moore in the amount of $100,000.00 and Petra Geotechnical, Inc. in the amount of $100,000.00 to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. The City reserved the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. A Request for Qualifications was sent out on March 29, 2006 and responses were received on April 21, 2006. Of the twenty firms that responded, three firms were selected for agreements so that the City is assured that at least one firm will be available when needed. Once the annual agreements are executed, each service request will be negotiated separately with one of the three firms and may contain some or all of the following services: D Subsurface exploration and logs summarizing the conditions encountered D Seismicity D Geotechnical Evaluation and recommendations D Discussion of existing pavement or site conditions D Recommendations for removal of unsuitable material D Soil Ferrous corrosivity and Portland Cement attack potential D Environmental concerns/hazards D Review of available geologic maps and reports for the region D Discussion of the material encountered in the borings and measured engineering properties D Preparation of field and final compaction reports D Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings D Observation and Field testing services during all phases of site grading D Field observation and testing during trench backfilling operations D Field density testing during subgrade and base compaction D Field sampling and testing of base and asphalt concrete D All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements D Batch plant inspections D Structure backfill observation and testing D Concrete sampling and testing D Consulting services requiring corrective and/or remedial recommendations The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: Contracts FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007-2008 PROFESSIONAL GEOTECHNICAUMATERIAL TESTING SERVICES BETWEEN CITY OF TEMECULA AND CONVERSE CONSULTANTS THIS FIRST AMENDMENT is madE! and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Converse Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional geotechnical/material testing services for Fiscal Year 2006-2007 ("Agreement") in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section A. a. Payment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Geotechnical/Material Testing Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Geotechnical/Material Testing Services for a total agreement amount, of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\Agreements\Masters\Annual Contracts\2007~2008\Converse 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Converse Consultants 10391 Corporate Dr. Redlands, CA 92374 (909) 796-0544 Hashim S.E. Quazi, Chairman of the Board William H. Chu, Sr. Vice President (Two Signatures Required For Corporations) 2 ATTACHMENT A CONVERSE CONSULTANTS PROFESSIONAL GEOTECHNICAUMATERIAL TESTING SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 FROM (TUE)MAY ~52007 '8:05/ST"~8:05/No"7520240347 P 2 @ Converse Consultants Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services May 4, 2007 Mr. Amer Attar, P.E Principal Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: Extension of Annual Agreement for Professional Geotechnical! Material Testing Services for Fiscal Year 2007.2008 Converse Project No: 06-81-181-00 Dear Mr. Attar: Our professional services agreement with the City of Temecula will expire on June 30, 2007. We understand the city wants to take advantage of the provision in the contract to extend the agreement for another year (June 2008). Converse Consultants is pleased to accept the offer of the city to extend our contract till June 3D, 2008. We understand that our tenns and conditions will remain unchanged, and that an updated rate schedule will be acceptable to the city. We have attached our 2007/2008 fee schedule along with this acceptance letter. If you have any question please fee to call the undersigned at (909)-796-0544. ~ON:~E :S[ANTS Hashmi S. Quazi, PhD. G.E Principal Engineer/Regional Manager ft ,...,""''"' ~., ~=d" 1 0391 Corporate Drive. Redlaf'lds. California 92374 Telephone: (909)796-0544 . Facsimile; (90S) 796-7675 . e-mail: redlands@converseconsullants.com FROM (TUE)MAY 'S 2007 'S:OS/ST.'S:OS/Ho.7S20240347 P 3 CONVERSE CONSULTANTS City Of Temecula Prevailing Wage Schedule of Fees Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions" Services will be perfonned in a......, ,.,.... consistent wilh that level of care and skill ordinarily exercised by ...o.._~~ of the profession curren1ly practicing in the same locality under similar conditions. This fee schedule is valid through June 2006. Hourly Charges for Personnel Slalf assignmenls will depend on personnel availability, job complexity, project sile location and experience level required to satisfy the technical requlremenls of the project and to meet the prevailing slandaro of professional care. Field Technical SlllVlces Construction Inspector - ICBO and/or AWSICWI certified (concrete, masonry, structural steel, fireproofing, includes concrete batch plant and local steel fabrication Inspections) DSA Masonry Inspector Non-Destructive Testing 11""0__' (ultrasonic, magnetic particle, dye penetrant, pull testing, torque testing, Schmidt hammer, and pachometer) Soils Technician Supervisory Soils Technician Sample Pick-tJp $63 68 73 78 83 52 Professional Services (Field and Olfice) Slalf Professional Senior Staff Professional Project Professional Project Manager Senior Professional Principal Professional $73 83 104 115 130 150 Laborato'Y Testing Laboratory Technician $68 (Unit poo.. for routine tesls quoted upon request, see Geotechnical Labonltory Testing and Materials Testing SerJices Schedules of Fees) Olfice Support ClericallWoro Processing Drafting CAD OperatorlDrafting Manager $57 63 73 Overtime and special shift: rates for Field Technical Services personnel are determined in accordance with Prevailing Wage law. An overtime charge of 50 percent of the above houriy rates will be added for time in excess of eight hours per day atlhe job site and for all time on Sal\Jrdays, Sundays and holidays. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living away from a principal office are charged at cost plus fifteen percent. 3" Automobile and truck. expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty cents per mile for company- O'Mled vehicles traveling between principal office and project 4. Other out-of-pocI<et direct project expenses (aerial photos, long-<lislance telephone calls, pennils, bonds, oulslde printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to lhe Client on a monthly basis, and a final bill will be submitted upon COO1p1etion of services. 2" Payment is due upon pJeSentatiOf'i of invoice and is past-duethirty days from Invoice date. In the event Client fails to make any payment to Converse when due. Converse may immediately cease work hereunder \Jntil said payment, together with a service charge at Ihe rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further wer1< irrespective of payment from Client in the event Client fails to pay Converse for services when said paymenls are due. 3. Client shall pay attorneys' fees or olher cosls incurred In collecting any delinquent amount. General Conditions The tenns and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee sd1edule, Client should. request a copy from this office. Converse Consultants PW20Q8 FROM (TUE)MAV ~5 2007 ~S:OS/ST.~S:05/No.7520240347 P 4 CONVERSE CONSULTANTS City of Temecula Schedule of Fees Geotechnical Laboratory Testing Compensation for laboralory testing services will be made in accordance with this fee schedule. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM 02488..................................... 9.00 Engineering Classification, ASTM 02487......................... 16.00 Moisture Content . Moisture Content & Dry (Bulk) Density, ASTM 02216 & D2937.............................................16.00 . Moisture Content, ASTM 02216................................11.00 Shrinkage Limit, ASTM D427 ............................................ 89.00 Allerberg Limits, ASTM D4318 Several points ............................................. ............... 84.00 One point.................................................... ...............42.00 Particle Size Analysis, ASTM 0422 Fine Sieve (From +#200 to #4).................................. 78.00 Coarse Sieve (From +#200 to 3In)............................84.oo Hydrometer ................................................................89.00 Percent Passing #200 Sieve, ASTM D1140 .....................47.00 Specific Gravity Fine (passing #4 sieve), ASTM D854 ........................73.00 . Coarse (retained on #4 sieve), ASTM C127 .............. 73.00 Sand Equivalent Test........................................................ 78.00 Double Hydrometer Dispersion, ASTM D4221................ 157.00 COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM D698 or ASTM Dl557-91 . Method A or B.......................................n................. 115.00 . Method C (6-inch mold) ........m................................125.00 California Impact Method (Galtrans 216) ........................188.00 R-value, ASTM D2844 ....................................................210.00 California Bearing Ratio (CBR), ASTM D1883 . 1 point......................................................................129.00 . 3 point......................................................................335,00 Relative Density 0.1 cubic foot mold...................................................21 0.00 0.5 cubic foot mold................................................... 315.00 SHEAR STRENGTH TorvanelPocket Penetrometer .......................................... 21.00 Direct Shear (per point) .Qulck Tesl............................................ ...................... 63.00 . Consolidated - Drained (granular soil) ASTM 03080.......................................................... 145.00 . Consolidated - Drained (fine grained soil). ASTM 03080.......................................................... 210.00 Consolidated - Undrained (fine grained).................. 125.00 Residual Strength, per Cycle .....................................46.00 . Remolded Specimens. per specimen ........................46.00 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression, ASTM 2166.............................77.00 Unconsolidated - Undrained, ASTM 02850....................115.00 Consolidated - Undrained (per point) ............................. 730.00 Consolidated - Drained (per point) ................................. 730.00 With Pore Pressure Measurement, per load................... 156.00 Remolded Specimens, per specimen .....................:.........47.00 CONSOLIDATION AND SWELL COLlAPSE TESTS Converse Consultants GL T2OO6 8 Load Increments.......................................................... 190.00 Additional load Increment................................................. 33.00 Time-Ratio, per load increment........................................ 66.00 Single Point (collapse test) ............................................... 66.00 Single Load Swell, ASTM 04546 . Ring Sample. Field Moisture ..................................... 72.00 . Ring Sample. Air Dried .............................................. 72.00 Remolded Sample, per specimen..................................... 48.00 Expansion Index Test, USC 29-21ASTM D4829 ............... 84.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM 02434 ........................................ 260.00 Falling Head Flexible Wall, ASTM D5084....................... 315.00 Triaxial Permeability, EPA 9100..................................... 370.00 Remolded Specimen, per specimen ................................. 52.00 CHEMICAL TESTS Cormsivity (pH, resisllvity, sulfates, chlorides) ............... 143.00 Organic Content, ASTM 02974 ........................................ 66.00 ....' ,. :~~~. ,_t: Unit rates presented on thIs fee schedule are for routinely I'___.:_....~J geolechnicallaboratory tests. Numerous othf;lf earth material p~1 tests can be perfooned in ourgeotachnicallaboratorles. tndueling rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through June. 2008 Prices are baSed on the 8S$umption that samples are uncontamInated and do not contain heavy metals. adds, '''''....:''4,0-........ and/or volatile organics which can be measured by an organic vapor analyzer or photoionlzation delector with a concentrationgmaterthan 50 parts-per-miltion (ppm). Quoted testingfges arebased on the assumption that no protective dothing will be required to handle samples. If level 0 protectivedothingwill be required dllring handling of sampfes(as defined in the Federal CFR Part 1910.120}. then a 40% increase in Fees presented in this schedule will beappliecl. level C protective clothing wiU be a 60% increase in fees. Converse will not handle samples that require either level B or level A protection in our geolechnicallabmatories. ..........."...;..ated samples will be rel\Jmed to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client mustdisdose the SOUt'C8 0( samples. Samples Imported from out of state will be :....;:....,"";..A after tesUng, In accordance wilh requirements or the United Slates Department of Agricufture. Soil samples obtained within the State of California CtJrrently designated quarantine 8re8$ will also be incinerated in accordance with the requirement of the State of Califomi8. Departmentor Food and .Aqiculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added 10 each sample that is required to be incinerated In accordancewithStateand Federal law. Test results requiring plots will be presented in a publishable tonnat b... .....~~.....: from computer programs. OthefWfse. raw test numbers win be presented. A minimum Iaboratoryfeeof$50.00 will be charged to present and man test results. Beyond the standard U. S. Mail delivery, specialized transmittal will be charged at additional cost (e.g.. Federal Express. UPS,. etc.). Geotechnical tesUng does not include engineering and/or geologic review and analysis, Typical tunrafOund for geotechnlcallabonttory testi"ng is two weeks (or roughly (en working days), To expedite test tulTHfOUnd to five working days, a 50% Increase in the fees in this schedule will be applied. Many l:I......~...:...:.:a1 tests require at least one week to perfonn in accordance with the ASTM or other standard specifications. Fees ,.........,,:...: in this schedule fo... relatively undisturbed direct shear, consofidation or expansion pressure tests 8rebased oottle assumption that 22-inch-diamel9l"(2.416- inch .inside diameter) brass ring samples win be provided to the geotechnical laboratory fOl'" lesting. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption thatthe dlent will deliver samples to our laboratory at no additional cost to COnvefS8. Sample pick- up Is available at a rate of $45 per hour of drive time and $0.50 per mile driven. Invoices will be issued monthly and are payable on teCeipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding 1I1e maximum allowed by law) will be payable on any amount not paid within thirty days; pa\'Tflent thereafter to be applied first to accrued intetestand then to lhe principle unpaid amount. The Client shall pay any attorneys' fee$: 01'" other costs incurred in collecting any delinquent amounls. FROM (TUE)MAY ~5 2007 ~8:08/ST.~8:05/No.7520240347 P 5 CONVERSE CONSULTANTS City of Temecula Schedule of Fees Materials Testing Services Compensation for laboratory testing services will be based on rates In a<N..~~....... with this schedule. Cosls of tesls not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be perfonned in accordance with the General Condnions. This fee schedule is valid through January 31. 2008. AGGREGATES Moisture Content (ASTM 02216)..."...".........".......""."....""" $11.00 Particle Size Analysis . Coarse (ASTM C136), each............................................... 62.00 . Coarse and fine (ASTM C136& 137), each.................... 145.00 Specific Gravity & Absorption . Coarse Aggregate (ASTM C127)....................................... 83.00 Fine Aggregate (ASTM C128) .........................""""...",,... 83.00 Unn weight per cubic foot (ASTM C29) "............"....._"."" 52.00 Soundness-Sodium or Magnesium (ASTM C88),each... 210.00 Potential Alkali Reactivity (ASTM 0289) .......................,,310.00 Freeze Thaw Soundness""......."..."..."..........".............. 185.00 . Los Angeles Abrasion. per class (ASTM C 131, C535)... 225.00 Sand Equivalent (ASTM 02419)......."......................."...... 73.00 . Lightweight Particles (ASTM C123), each......................... 78.00 . Clay Lumps and Friable Particles (ASTM C142). each... 105.00 Stripping test (ASTM 01664). each ........................".........67.00 Organic impurities (ASTM C40).."..................................... 62.00 Durability......................""..... ......."............................... By Quote CONCRETE TESTS Laboratory Trial Batch (ASTM C192)................................. By Quote Laboratory Mix Design, historical data............................... By Quote Compression Tes~ 6"x 12" cylinder (ASTM C39), each .......".23.00 Light Weight Concrete . Compression ......................................................................23_00 . Unit Weight......................................................................... 23.00 Specimen preparation, trimming or coring, each ...................... 47.00 Bond Strength (ASTM C321) Prepared by Converse .....................................................125.00 Prepared by others ............................................................ 63.00 Core Compression Test (ASTM C12), each....""......""".......... 47.00 Aexure test, 6"x 6" beams (ASTM C78), each"........................ 63.00 Modulus of Elasticity - Static (ASTM 0469). each................... 115.00 Length Change (3 bars, 5 readings each, up to 26 days) (ASTM C157)........................................... 260.00 Splitting Tensile, 6" x 12" cylinders, each .................................. 52.00 Field Concrete Control (sampling, slump, teu,,~.~:Jre. cast 4 cylinders, molds, cylinder pick-up, within 10 mi. of OffICe, stand-byextra) ASTMIUBC, hourly rate schedule, or each Cylinder......... 73.00 Field Concrete Control (same as above plus air content test) ASTMlUBC, hourly rate schedule, or each Cylinder ................................................ B3.00 Hold Cylinder ................. ........... ........... .........................."............. 8.00 Cylindar Mold sent to job site but not casted by Converse or retumed to Converse ......... ......................................................................... 6.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22) Moisture Content. as received, each ......................................... 21.00 Absorption. each _..n.....'nn___....._nn......___................................... 52_00 Compression, each .u.. ..u................................., ......................... 42.00 Shrinkage (ASTM C426), each.................................................. 93.00 Net Area and Volume, each....................................................... 26.00 Masonry Blocks, per set of 9..............................."....."".......... 675.00 Masonry Core Compression, each ............................................ 46.00 Masonry Core Shear, each ..........."........"................n_.............. 55.00 Masonry Core Trimming, each.....................................u............ 46.00 Compression Test. grouted prisms, 8" x 8" x 16", each............................................................. 115.00 Compression Test, grouted prisms, 12" x 16" x 16", each......................................................... 150.00 Converse Consultants MTS2007 Compression Tesl 2" x 4" Mortar Cylinder, each ..............................................23.00 . 3" x 6" Grout Prisms, each ................................................,,23.00 . 2" Cubes (ASTM Cl09), each .......................".................,,23.00 Cast by others ........................... ....".... ..................................."...23.00 Mortar-or Grout Mix Designs................. '....n......... ................By Quote FIREPROOFING TESTS Oven Dry Density (per sample) ................."...............................52.00 MOISTURE EMISSION TEST MoisuJre Emission Test Kit.....................n..n..............................36.00 ASPHALTIC CONCRETE Stability. Flow, and Unn Weight, ASTM 06927........................157.00 Marshall ASTM 01559, ASTM 02726...................................." 157.00 Measured Maximum Specific Gravity of Mix (ASTM 02041) (Ricos Method), each ...................................... .................. 78.00 Void Analysis of Cores or Marshall Specimens Calculations Only (ASTM 03203) set of 2 or 3 ................36.00 Laboratory Mixing of Asphalt & Concrete, per sample...............52.00 Complete Asphall Concrete Mix Design (Hveem or Marshall) ...................................................By Quote Extraction of Asphall and Gradation (ASTM 02172, Method B) Or California 310, Including ash correction, each ..........156.00 Extraction of Rubberized Asphalt and Gradation, each...........178.00 Specific Gravity (ASTM 02726 or ASTM 01188) . uncoated................................ .................................... ..........89_00 coated.............................""... ....."............................ .........1 00.00 Immersion-Compression ...._....._...............................................420.00 Particle coating (ASTM 2489}............."...................."................4S.00 Stripping (ASTM 01664)...................".............._.........................52.00 Moisture or Volatile Distillates in paving mixtures, or materials containing petroleum products or byproducls ................................................................. ......125.00 Retained Strength (ASTM 01074101075) 6 specimens... .................................................. ...........By Quote Retained Stability, Mil, std, 520A, Method 104, 6 specimens ................................................................By Quote CBR, ASTM 01883, including MID curve, 1 poInt ...................218.00 Asphall Temperature ..................................................................16.00 STRUCTURAL STEEL Tensile Test, #11 Bar or Smaller, each......................................47.00 Bend Test, #11 Bar or Smaller, each .........................................36.00 Tensile Teol, #14 Bar, each......................................................120.oo Tensile Test, #18 Bar, each......................................................325.00 Rebar coupler tensile test. .................................. ................. .......67.00 Tensile Test, Welded #11 Bar or Smaller, each........................52.00 Tensile Test, Welded 1/14 Bar, each........................................ 115.00 Tensile Test, Welded 1/18 Bar, eachn................................"....315.00 Tensile Test, Mechanically Spliced Bar, #11 Bar or Smaller. each........... .................... .............. ............. ........".......................154.00 Tensile Test, Mechanically Spliced Bar, #14 Bar, each...........325.00 HIGH STRENGTH BOLT, NUT, AND WASHER TESTING Wedge Tensile Test for A490 Bolts Under 100,000 Ibs, each...."..."...............,,_...........................46.00 Over 1 00,000 Ibs, each..........................................................57.00 Wedge Tensile Test for A325 Bolls Under 100,000 Ibs, each...""..".............................................52.00 Page 1 of 2 (See Reverse) FROM HIGH STRENGTH BOLT, NUT, AND WASHER TESTING, continued Tensile Test- Anchor Bolts, tested with displacement transducers, each ........... .......... .......... ................... ........... ........ 315.00 Nut - Hardness, Proof, and Cone Proof Load Test, each ......... 52.00 Washer- Hardness, each _n....................................................... 32.00 A325 or A490... Bolt hardness only, each ................................. 37.00 Bolt A325 or A490 Wedge Tensile Under 100.000 Ibs, and Hardness. each.... 83_00 Wedge Tensile Over 100,000 Ibs, and Hardness, each.... 104_00 Bolt, Nut, and Washer - All Tests per set with bolts Under 100,000 Ibs............................................................... 260.00 Over 100,000 Ibs. ................................................................ 365.00 NOTES: (1) See Geotechnical Laboratory Testing Schedule of Fees for 5011 testing. (2) Hourly rates are available upon request. (3) Field laboratory rales are available upon request. (4) listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse. Converse Consultants MT$2007 (TUE)MAV 152007 1S:0S/ST. 1S:05/Ho.7S20240347 P S Page20r2 FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007-2008 PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES BETWEEN CITY OF TEMECULA AND NINYO & MOORE THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Ninyo & Moore ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional geotechnical/material testing services for Fiscal Year 2006-2007 ("Agreement") in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Pavment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Geotechnical/Material Testing Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Geotechnical/Material Testing Services for a total agreement amount, of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\Agreements\Masters\Annual Contracts\2007-2008\Ninyo & Moore 07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Ninyo & Moore 5710 Ruffin Rd. San Diego, CA 92123 (858) 576-1000 Avram Ninyo, Owner Mark Cuthbert, P.E., Project Manager (Two Signatures Required For Corporations) 2 ATTACHMENT A NINYO & MOORE PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 ~.. T..~~~r~"'!Jrn ~DU.D"""'~"'03"";;\~" /--:~/-:." f_~, " - '{o'';:;- ;',:.;- .':' __,j!I,,- Will U& 111. &\__""':'_'~\i<<"'~- , P""~<"'-"""="'-----."-,~ _J:I,I:iIJIIIIHI.Uilllll,1.1 ill!llllllJllliL!iIlIUi!I!ldUid!~I.lIL1i11!llidl,I__IIIIIIII!I.i!iJ~II,IIIL11IUlJ!II.I.I,d,1 ~,I~,il,WI1~lldUilUl_r Geotechnical and Environmental Sciences Consultants April 30, 2007 Proposal No. P-7261 Ms. Laura Bragg City of Temecula, Public Works Department P.O. Box 9033 Temecula, California 92589-9033 Subject: Extension of Current Annual Agreement for Geotechnical and Materials Testing Services for the City of Temecula Dear Ms. Bragg: In accordance with our conversation today, we understand that the City intends to extend our current agreement for geotechnical and materials testing services. We further understand that the stipulations under our current agreement will be continued including actual time for field services with no minimum and no travel time to be charged to the project. We appreciate the opportunity to continue providing services to the City of Temecula. Sincerely, NINYO & MOORE Mark Cuthbert, P.E. Principal Engineer MC/ebm Attachment: Fee Schedule 5710 Ruffin Road. San Diego. California 92123 . Phone (858) 576-1000 . Fax (858) 576-9600 San Diego . Irvine . Ontario . Los Angeles . Oakland . Las Vegas . Salt Lake City . Phoenix April 30, 2007 Proposal No. P-7261 City of Temecula Annual Agreement for Geotechnical and Materials Testing SelVices FEE SCHEDULE HOURLY CHARGES FOR PERSONNEL Principal Engineer/GeologisVEnvironmental Scientist ......................................................................................... $ 139 Senior Engineer/GeologisVEnvironmenlal Scienlisl............................................................................................. $ 133 Senior Project Engineer/GeologisVEnvironmental Scientist ................................................................................ $ 127 Project Engineer/GeologisVEnvironmental Scienlisl............................................................................................ $ 123 Senior Staff Engineer/GeologisVEnvironmental Scientist.................................................................................... $ 119 Staff Engineer/GeologisVEnvironmenlal SCienlisl................................................................................................ $ 109 GIS Analyst ........................................................................................................................................................... $ 96 Field Operations Manager .................................................................................................................................... $ 96 Supervisory Technician' ....................................................................................................................................... $ 78 Nondestructive Examinalion Technician, UT, MT, lP' ........................................................................................ $ 78 Pull Test Technician and Equipment.................................................................................................................... $ 80 Senior Field/laboralory Technician...................................................................................................................... $ 74 Field/laboratory Technician' ................................................................................................................................ $ 74 ACI Concrete Technician...................................................................................................................................... $ 74 Concrete/Asphalt Batch Plant Inspector............................................................................................................... $ 74 Technicalllluslralor/CAD Operator....................................................................................................................... $ 96 GeotechnicaVEnvironmental/laboratory Assistant .............................................................................................. $ 66 Informalion Specialisl............................................................................................................................................ $ 52 Data Processinq. Technical Ed~inq, or Reoroduclion.......................................................................................... $ 52 OTHER CHARGES Expert Wilness Teslimony............................................................................................................................ $ 300ihr Concrete Coring Equipment (includes one technician)................................................................................ $ 145/hr Special Preparalion of Standard Test Specimens ....................................................................................... $ 74/hr Inclinometer Usage ...................................................................................................................................... $ 32ihr Vapor Emission Kits...................................................................................................................................... $ 30lkit Rebar locator (Pachomeler) ........................................................................................................................ $ 10ihr Nuclear Density Gauge Usage..................................................................................................................... $ 12ihr Field Vehicle Usage...................................................................................................................................... $ 8ihr Direct Project Expenses.......................................................................................................................... Cost plus 15 % laboralonlleslinq, qeoohvsical eauioment, and other soecial eauioment orovided uoon request. NOTES (Field Services) For field and laboratory lechnicians and special inspectors, regular hourly rates are charged during normal weekday conslruction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates altwice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. lead lime for any requested service is 24 hours. Field personnel are charged from service equipment pick-up to job site and back. 'Indicates rates that are based on Prevailing Wage Determination made by the State of California, Direclor of Induslrial Relations on a semiannual basis. Our rates will be adjusted in conjunction wilh lhe increase in lhe Prevailing Wage De- lermination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. I(ln!lo&I(toore April 30, 2007 Proposal No. P-7261 City of Temecula Annual Agreement for Geotechnical and Materials Testing Services SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Allerberg Umits, D 4318, CT 204..............................................$ 145 Calrromia Bearing Ratio (CBR), D 1883.................................... $ 440 Chloride and Sulfate Content, CT 417 & CT 422...................... $ 135 Consolidation, D 2435, CT 219.................................................. $ 275 Consolidation - Time Rate, D 2435. CT 219 ............................ $ 70 Direct Shear- Remolded, D 3080 ............................................$ 250 Direct Shear- Undisturbed, D 3080..........................................$ 290 Durability Index, CT 229............................................................. $ 150 Expansion Index, D 4829, UBC 18-2 ........................................ $ 165 Expansion Potential (Method A), D 4546..................................$ 145 Expansive Pressure (Method C), D 4546 ................................. $ 145 Geofabric Tensile and Elongation Test, 04632.......................$ 165 Hydraulic Conductivity, D 5084.................................................. $ 300 Hydrometer Analysis, D 422, CT 203........................................$ 190 Moisture, Ash, & Organic Matter of Peat/Organic Soils............$ 110 Moisture Only, D 2216, CT 226.................................................$ 30 Moisture and Density, D 2937 ................................................... $ 39 Permeability, CH, D 2434, CT 220 ............................................ $ 230 pH and Resistivity, CT 643 ........................................................$ 140 Proctor Density D 1557, D 698, CT 216, & ...............................$ 180 AASHTO T-l80 (Rock corrections add $80) R-value, D 2844, CT 301...........................................................$ 250 sand Equivalenl, D 2419, CT 217.............................................$ 90 Sieve Analysis, D 422, CT 202..................................................$ 110 Slave Analysis, 200 Wash, D 1140, CT202.............................$ 90 Specffic Gravity, D 854 .............................................................. $ 90 Tnaxial Shear, CD, D 4767, T 297............................................$ 390 Triaxial Shear, C.u., w/pore pressure, D 4767. T 2297 per pt..$ 330 Triaxial Shear, C.U., wlo pore pressure, D 4767, T 2297 per pt ..$ 190 Triaxial Shear, U.U., D 2850......................................................$ 140 Unconfined Compression, D 2166, T 208.................................$ 100 Wax Density, D 1188.................................................................$ 90 Roofing Built.up Roofing, cut-out samples, D 2829................................$ 165 Roofing Matelials Analysis, D 2829........................................... $ 500 Roofing TIle Absorption, (set of 5), UBC 15-5...........................$ 190 Roofing TIle Strength Test, (set of 5), UBC 15-5.......................$ 190 Masonrv Brick Absorption, 24-hour submersion, C 67 ............................ $ 45 Brick Absorption, 5.hour boiling, C 67....................................... $ 55 BnckAbsorption,7-day, C 67....................................................$ 60 Brick Compression Test, C fi7 ................................................... $ 45 Bnck Eff;v".~..~, C 67 .......................................................... $ 45 Brick Modulus of Rupture, C 67.................................................$ 40 Brick Moisture as received, C 67...............................................$ 35 Bnck Saturation Coefficient, C 67 ..............................................$ 50 Concrete SlockCompression Test, 8x8x16, C 140..................$ 60 Concrete Block Conformance Package, COO.......................... $ 440 Concrete Block Unear Shrinkage, C 426 .................................. $ 120 Concrete Block Unit Weight and Absorption, C 140................. $ 55 Cores, Compression or Shear Bond, CA Code ........................ $ 55 Masonry Grout, 3x3x6 prism compression, UBC 21.18 ........... $ 30 Masonry Mortar, 2x4 cylinder compression, UBC 21-16..........$ 30 Masonry Prism, half size, compression, USC 21-17 ................$ 110 ConCl'9t9 Cement Analysis Chemical and Physical, C 109............................... $ 1,650 Compression Tests, 6x12 Cylinder, C 39........................................... $ 22 Concrete Mix Design Review, Job Spec............................................ $ 140 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI....................... $ 750 Concrete Cores, Compression (excludes sampling), C 42................ $ 55 DlYing Shrinkage, C 157..................................................................... $ 250 Rexural Test, C 78.............................................................................. $ 50 Rexural Test, C 293............................................................................ $ 55 Flexural Test, CT 523.......................................................................... $ 60 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI........ $ 250 Jobsite Testing Laboratory.................................................................. Quote Ughtweight Concrete RII, Compression, C 495 ................................. $ 40 Petrographic Analysis, C 856 ............................................................. $ 1,100 Splilling Tensile Strength, C 496 ........................................................ $ 80 Reinforc:inq and Structural Stael Rreproofing Density Test, UBC 7-6.................................................... $ 55 Hardness Test, Rockwell, A-370 ........................................................ $ 50 High Strength Bolt, Nut & Washer Conformance, set, A-32.............. $ 120 Mechanically Spliced Reinforcing Tensile Test, ACI.......................... $ 95 Pre-Stress Strand (7 wire), A 416....................................................... $ 140 Chemical Analysis, A-36, A-615......................................................... $ 120 Reinforcing Tensile or Bend up to No. 11,A615& A 706................ $ 50 Structural Steel Tensile Test: Up to 200,000 100. (machining extra), A 370................................................................... $ 70 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ................ $ 55 ASQhalt Concrete Asphalt Mix Design, Caltrans.............................................................. $ 2,200 Asphalt Mix Design Review, Job Spec............................................... $ 150 Extraction, % Asphalt, including Gradation, 02172, CT 310............ $ 215 Rim Stnpping, CT 302 ........................................................................ $ 100 Hveem Slabilityand Un~Weight CTM or ASTM, CT 366................ $ 195 Marshall Stability, Row and Un~ Weighl, T-245................................. $ 215 Maximum Theoretical Unit Weight, D 2041 ....................................... $ 120 Swell, CT 305 ...................................................................................... $ 165 Unit Weight sample or core, D 2726, CT 308 .................................... $ 90 Apnreqates Absorption, Coarse, C 127................................................................. $ 35 Absorption, Fine, C 128...................................................................... $ 35 Clay Lumps and Fnable Particles, C 142........................................... $ 100 Cleanness Value, CT 227................................................................... $ 120 Crushed Particles, CT 205.................................................................. $ 140 Durability, Coarse, CT 229.................................................................. $ 130 Durability, Rne, CT 229...................................................................... $ 130 Los Angeles Abrasion, C 131 or C 535.............................................. $ 180 Mortar making properties 01 fine aggregate, C 87 ............................. $ 275 Organic Impurities, C 40 ..................................................................... $ 55 Potential Reactivity of Aggregate (Chemical Method), C 289 ........... $ 390 Sand Equivalenl, CT 217.................................................................... $ 90 Sieve Analysis, Coarse Aggregate, C 136......................................... $ 105 Sieve Analysis, Fine Aggregate Qncluding wash), C 136 .................. $ 105 Sodium Sulfate Soundness (per size fraction), C 88 ......................... $ 160 Specific Gravity, Coarse, C 127 ......................................................... $ 75 Specific Gravity, Fine, C 128.............................................................. $ 85 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perfonn the AASHTO equivalent of many ASTM test procedures. 1(ln90&JV\oore 2 FIRST AMENDMENT TO AGREEMENT ANNUAL FISCAL YEAR 2007-2008 PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES BETWEEN CITY OF TEMECULA AND PETRA GEOTECHNICAL, INC. THIS FIRST AMENDMENT is made and entered into as of June 12, 2007 by and between the City of Temecula, a municipal corporation ("City") and Petra Geotechnical, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional geotechnical/material testing services for Fiscal Year 2006-2007 ("Agreement") in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 2. Section 1 of the Agreement term is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is extended beyond the original term, agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Agreement be extended beyond June 30, 2008. 3. Section 5. a. Pa\lment. Is hereby amended to read as follows: The parties now desire to increase the payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Engineering and Construction Survey Services and amend the Agreement as set forth in this Amendment. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional Fiscal Year 2007-2008 Professional Geotechnical Material Testing Services for a total agreement amount, of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\Agreements\Masters\Annual Contracts\2007-2008\Petra07-08 Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Petra Geotechnical, Inc. 38655 Sky Canyon Dr., Suite A Murrieta, CA 92563 (951) 600-9271 Siamak Jafroudi, PE/GE/REAPresident (Two Signatures Required For Corporations) 2 ATTACHMENT A PETRA GEOTECHNICAL, INC. PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES FOR FISCAL YEAR 2007-2008 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 . PETRA I ORANGE . SAN DIEGO . RIVERSIDE . LOS ANGELES . SAN BERNARDINO . DESERT REGION May I, 2007 RECEIVED MAY 0 3 2007 CITY OF TEMECULA PUBLIC WORKS DePARTMENT Ms. Laura Bragg, Project Engineer City Of Temecula Public Works Department 43200 Business Park Drive Temecula, California 92590-9033 Dear Ms. Bragg: It is our understanding that the City of Temecula (City) is in the process ofverirying whether fIrms would like to renew/extend their respective agreements throughout FY 200712008. Petra Geotechnical, Inc. (Petra) is hereby notiJYing the City that we are defInitely interested in doing so. The former contract language remains intact. SpecifIcally, Petra will not exact a fee for minimum hours or travel charges. Work will be charged in accordance with the attached fee schedule. Thank you for the opportunity to continue working with the City. Sincerely, J~J~ Dr. Siamak Jafroudi, PE/GE/REA President 38655 Sky Canyon Drive, Suite A Murrieta, California 92563 PETRA GEOTECHNICAL, INC. Tel: 951-461-6709 Fax: 951-461-6710 STANDARD FEE SCHEDULE GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING January 1, 2007 Professional Services IEnaineers_ Geoloaists. Environmental Scientistsl, Senior Principal (Review and Consullation) Principal Senior Associate Associale Senior Project Project Senior Staff Slaff Assistant Senior Fault Hazard Specialist Fault Hazard Specialist $ 200.00/hr. $ 175.00/hr. $ 155.00ihr. $ 145.00ihr. $ 135.00/hr. $ 125.00/hr. $ 110.00/hr. $ 100.00/hr. $ 75.00/hr. $ 165.00Ihr. $ 150.00ihr. Forensic Services lEnaineers. Geoloaists. Environmental Scientistsl Senior Principal/Principal (Review, Analysis, Consultation) Senior Principal/Principal (Depositions, Hearings, Mediation, Trials, Y, Day Increments) Senior Associate/Associate Senior ProjecU Project $ 250.00/hr. $ 300.00/hr. $ 200.00/hr. $ 175.001hr. Technical Services Supervising Engineering Technician Senior Engineering Technician Engineering Technician Field Technician (Prevailing Wage Projects) Deputy Geotechnical Inspector Senior Laboratory Technician Laboratory Technician Draftsperson $ 100.00/hr. $ aO.OO/hr. $ 70.00/hr. $ 105.00/hr. $ 100.00/hr. $ a5.00/hr. $ 70.00Ihr. $ a5.00/hr. SUDDort Services Copy Rate Outside Consultants Drilling/Equipment Rental Postage/Freight Blueprints Travel & Transportation Subsislence Field Equipment Usage Word Processing/Clerical $ 0.25/sheet Cost + 20% Cost + 20% Cost + 20% Cost + 20% Cost Cost $ 5.001hr. $ 55.00ihr. NOTE: Travel time to field job sites is charged on a portal to portal basis at the appropriate hourly rate. Overtime for non-registered professionals and technicians is $35 over the hourly rate, Aminimum of two hours will be charged for all personnel and company field equipment usage. S:-IBOILERS-WORD\FEE SCHEDULES\GEO AND ENV.DOC (updated 12/06) _ PETRA Ii - I. ITEM NO. 18 I I Approvals City Attorney Director of Finance City Manager V elL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Professional Services Agreement for Engineering Design Services for the Temecula Park and Ride (79 South), Project No. PW06-09 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP William Becerra, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the agreement with AAE, Inc in the amount of $109,085.00 to provide Professional Engineering design services for the Temecula Park and Ride (79 South), Project No. PW06-09 effective July 1, 2007 and authorize the Mayor to execute the agreement; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $1 0,909.00, which is equal to 10% of the agreement amount BACKGROUND: The Temecula Park and Ride (79 South) Project will provide a park and ride facility on City owned property located along the west bound side of Highway 79 South between La Paz Road and Wabash Lane. Expected features of the project include raised landscaped medians, parking lot lights, bicycle lockers, and community monumentation. This project is included in the current and proposed Capital Improvement Program. On March 15, 2007 Requests for Proposal (RFP) were sent to eight (8) professional engineering design firms. Two (2) responses were received and reviewed by staff. The Statement of Qualifications were carefully reviewed and AAE, Inc was deemed most qualified to provide the necessary professional engineering design services. AAE, Inc has substantial experience with this type of service and has an extensive background with other municipal projects. Staff has negotiated an equitable scope of work and fee for the needed services. FISCAL IMPACT: The Temecula Park and Ride Project is a capital improvement project funded with AB 2766, Capital Project Reserves, and Federal Transportation Administration (2005) funds. Adequate funds will be available next FY 2007-2008, in project account # 21 0.165.747.5802. ATTACHMENTS: 1. 2. 3. Location Map Project Description Agreement AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES BETWEEN THE CITY OF TEMECULA AND AAE, INC. TEMECULA PARK AND RIDE (79 SOUTH) PROJECT NO. PW06-09 THIS AGREEMENT is made and effective as of June 12, 2007, between the City of Temecula, a municipal corporation ("City") and AAE, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 1, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuantto the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Nine Thousand Eighty Five Dollars and No Cents ($109,085.00) 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 1 R:ICIPIProjeclsIPW06-09IContracls AgreemenlslAAE Inc Agreemenl 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 up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed, Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City, Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the 2 R:ICIPIProjeclsIPW06-09IConlracls AgreemenlslAAE Inc Agreemenl performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. A. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. 3 R:ICIPIProjectsIPW06-09IContracts AgreementslAAE Inc Agreement A. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession, B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) aggregate Professional Liability coverage: One million ($1,000,000) per claim and in C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 R:ICIPIProjeclsIPW06-09\Contracls AgreemenlslAAE Inc Agreemenl 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 agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. E. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for 5 R:ICIPIProjectsIPW06-09\Conlracts AgreemenlslAAE Inc Agreement performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specifie.d below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 R:ICIPIProjeclsIPW06-09IConlracls AgreemenlslAAE Inc Agreemenl To Consultant: ME, Inc. 601 S. Valencia Avenue, Suite 250 Brea, CA 92823 Attention: Raymond R. Abassi, President 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19 ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 R:ICIPIProjectsIPW06-09IContracts Agreements\AAE Inc Agreemenl IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: AAE, Inc. 601 S. Valencia Ave., Suite 250 Brea, CA 92823 (714) 940-0100 Fax: (714) 940-0700 Raymond R. Abassi, President Sid Mousavi, CAO [Signatures of Two Corporate Officers Required] 8 R:\CIPIProjecls\PW06-09\Conlracls AgreemenlslAAE Inc Agreemenl EXHIBIT A TASKS TO BE PERFORMED AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES TEMECULA PARK AND RIDE (79 SOUTH) PROJECT NO. PW06-09 9 R:ICIP\ProjectsIPW06-09\Conlracts AgreementslAAE Inc Agreement Project Understanding , , Temecula, established in 1859, was up until the construction of State Route 79 (SR-79), accessible only by local roads. By 1979, Interstate Highways 1-15 and 1-215 were constructed with the 1-15 Freeway passing through the area immediately adjacent to the Old Town of Temecula. 1-15 now , , provides a direct connection to the City of Corona and points beyond to the north and to San Diego to the south. The 1-215 now provides access to Moreno Valley, Perris, Riverside and San Bernardino. rr " With the development of the Los Angeles Basin, the costal development of Orange County and improved freeway access, Temecula has become a bedroom commute community for the Los Angeles/Orange County labor market. Along with residential development in Temecula has come related commercial and industrial growth such as Abbot Laboratories. c. i? The City, incorporated in 1989, now has a population in excess of 90,000 and growing. Adjacent areas are now developing, however many of the residents still commute to the Orange, Los Angeles, Riverside, San Bernardino and San Diego Counties, Meanwhile the price of gasoline and diesei fuel has risen significantly in the past year, These latter factors combine to encourage carpooling or commuter busing. To facilitate that service for its residents Temecula has planned a Park and Ride Lot on the north side of SR-79 at La Paz St, just east of the 1-15 Freeway. In the SOQ Request, the City has included a rendering of the planned Park and Ride Lot. The Lot has the following planned features; 202 single car spaces, 7 motorcycle spaces, space for bicycle lockers and space for carpool van parking. The van parking area is unlined but has a measured area capable of accommodating 12 vans for overnight/weekend parking. The Park and Ride Lot has no designated handicap parking spaces, To meet ADA requirements the number of single spaces would need to be reduced to provide such spaces. l ~ f? L~ Il it I" I [, I' II The Park and Ride Lot will also have a landscaped perimeter, tree planting in the medians of the parking areas, and 2 sheltered areas for commuters to wait for their carpool pickup. Access is to be from Vallejo Ave., and thence from La Paz St. which is a signalized intersection with SR-79. The lot will be signed, have an entry monument, and will be lighted during normal hourly use. There will be pedestrian accessible walkways from Vallejo Ave, [1 I; d [' f j A detailed site visit review was made by AAE and pictures of the site were taken. Some of the pictures with captions follow. AAE's CDmments of the site based on the visit and a conversation with the City Project Manager are as follows: IT , I., . The site would appear to be able to accommodate the planned layout with a comment that ADA handicap parking spaces will have to be provided, thereby reducing the 202 single car spaces, n , U . Various drainage facilities have been temporarily graded into the bare site to handle probable existing site drainage runoff to the local storm drain facilities. i' , I, . There are no sidewalks in the area so the pedestrian access ways will lead to and from dirt parkways per the present development plan which does not include any planned sidewalks or parkway improvements. City of Temecula - Professional Engineering Design Services Associated with the Temecula Park & Ride (79 South) - 9 Project No. PW06-09 . The existing pavement on Vallejo Ave. is in poor condition. The westerly 250 feet rates a 2 or a 3 on the APWA pavement management scale of 1 - 10 where a 1 is an unimproved street and 10 is a newly paved street completed pursuant to a T-I that is appropriate for its use. , .~ . Vallejo Ave. is a paved local street in a semi-rural area named Los Ranchitos, the area consists of large lots and single family residences with some horse keeping properties. Vallejo Ave. needs to be improved in order to handle the added traffic created by the Park and Ride Lot and the local traffic using the signalized intersection of La Paz St. at SR-79. "", . Although the site has been graded for drainage control, the lot plan does not indicate whether or not the lot was level before the grading. The final design of the parking lot will need to be as flat as possible from east to west with drainage southerly toward SR-79 to encourage use of the lot and to keep drainage from going onto the easterly adjacent vacant lot which is advertised for commercial uses. The local drainage course is located just easterly of the adjacent vacant lot and a catch basin for a storm drain is located in the north curb and gutter of SR-79. " " , -~ . A review of the County of Riverside property records indicates that there are 2 parceis involved in the development apparently still privately owned, Although SR-79 has been improved and paved with curb and gutter the second privately owned property which abuts the proposed site extends into the right of way of SR-79. It would appear that the dedication of the second parcel for the State Highway has not been finalized and/or the County has not recognized the dedication document. .. 'it ,J:: , ~, . The property records of Riverside County state that the recorded size of the planned parking lot is 2.37 acres, whereas the mapped lot size is 2.562 acres. The AAE surveyor will have to determine the correct boundaries of the site and the resultant dimensions. :1 , . The proposal site, although it extends along SR-79, is now planned to be accessed from Vallejo Ave, a local street, which historically has served the semi-rural area to the north of Vallejo Ave, The increase in traffic in and out of the Park and Ride Lot over the typical Monday - Friday commuter window of time could be intrusive to the neighbors, particularly to the several developed lots to the north across from the site. , ., ..i r~ . The use of lamp post lighting throughout the site for use and security purposes may be intrusive to the semi-rural area which does not appear to have street lighting at standard residential spacing. The design and control of the lighting will have to be thoroughly thought out to provide the needed lighting for the lot users without being too intrusive into the semi- rural area. i' d , d d . A recycled water supply appears to be available to the site, AAE will determine the condition of service from the Rancho Caiifornia Water District for use for landscape irrigation. , ~ LB . The County of Riverside property records state that the site has a paleontological sensitivity rating of "High AU due to the possible presence of rocks that contain fossilized body elements and trace elements such as tracks, nests and eggs. These fossils occur on or below the surface. t.] City of Teffiecula - Professional Engineering Design Services Associated with the Temecula Park & Ride (79 Soulh) - 10 Project No. PW06.09 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:ICIPIProjectsIPW06-09\Conlracls A9reementslAAE Inc Agreemenl HOURLY RATE SCHEDULE ~~. AAE, Inc. - As of Apri 11, 2007 Principal in Charge $200 Interim City Manager $175 Assistant/Deputy City Manager $145 ICiVil Engineering Project Manager $150 I Program Management Geo-Technical Engineer $160 Senior Engineer $135 Project Director $140 Plan Checker $99 Program Manager $120 Engineering Associate $95 Program Supervisor $99 Engineering Assistant $85 Sr, Program Coordinator $90 Engineering Technician $80 Program Coordinator $80 CAD Manager $110 Program Assistant $65 CAD Operator $80 ITraffic Engineering I Municipal Engineering Support City Engineer $135 Principal Engineer $195 City Traffic Engineer $135 Senior Traffic Engineer $145 Deputy Engineer $130 Traffic Engineer $135 Dep. City Traffic Engineer $130 Plan Checker $99 Engineering Manager $125 Engineering Associate $99 Plan Checker $99 Engineering Assistant $85 Engineering Technician $80 I Public Relations CAD Manager $110 CAD Operator $80 PR Project Principal $140 Transit Planner $99 PR Project Manager $120 PR Coordinator $80 ISurveving PR Assistant $65 Graphic Designer $99 Surveyor Party Chief $150 Market Research Coordinator $75 Survey Crew - 2 person $210 Market Research Assistant $65 Survey Crew - 3 person $255 Media Relations Manager $130 Survey Analyst $120 Web Programming $99 Plan Checker (Subdivision & Survey Document) $120 Illustration $99 ,Construction Management I Building & Safety , Construction Manager $145 Building Official $135 Resident Engineer $140 Plan Check Engineer $130 Scheduler/Controller $110 Senior Building Inspector $85 Senior Inspector $85 Building Inspector $75 Inspector $75 Technician $60 Technician $60 ,Other Charges I Clerical Organizer/Supervisor $75 Delivery $55 Clerk Typist $60 Mileage $O,59/Mile Travel Cost + 15% Reimbursements Cost + 15% ~ddjtional b!lIing ~lassifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime WIll be charged at 1.5 times. Sundays and holidays are charged al 2.0 times the standard time. 601 S Valencia Ave. SUite 250. Brea, CA 92823. Tel. 714.940.0100. Fax' 714-940-0700. wwwaaeinc.com Not-To-Exceed Fee Proposal City of Temecula Professional Engineering Design Services Asso< Temecula Park and Ride (79 South) Proj' Project No. PW06.09 TASK DESCRIPTION prlnCIPal.,n'l Charge BllllnaRatel Initial meeting with City staff 10 discuss goals, objectives and standards R.Abbasl $200 Project aAlQC Civil Engineer Senior Civil Manager Manager Manager Engineer K.Putnam Y.Farhadl F.Dorranl D. Kachmarsky $150 5135 $135 5135 4 4 TASK No. 4 2 /Gather and review available records, maps, Irllfllc data plans and documents lrom City, CALTRANS and ullllUes Delal!ed lIald review of site, condition Bnd adjacent Right-of-Way, Includlngl ullllliesanddralnage 2 . 3 . 10 4 I I I I I I I . ::: 'i::::~~~'" Nt: : : :: :' ~ 11c j90%SUbmttlal 2 3 5 4 1- l1d 1100% Submlttal 2 2 5 2 r 110 !SUbmlttal of signed bidding document 2 4 4 4 1- 1',{j~~J~;;;;~;i;\~i~~~i;llitlit,(i;$~():)" :.';;c: , ':;~II~'''o'1~ e~\'I';;;;W~\~\J!ii}{~~",;t,Lc!;,\i{f:;f;"'-::':!"II'i: >ii!'~';<7f' J l~~~~~:t;!\:~#tlW.4\'~il-jt>}~~~~i~~'if::b#,:;_,,;};].:':;;:~' . ~~, ~p (; ~.j.,;~~ ,t.,'f;:' Jjl~;~;o;&w ,;:,:;,';.;w.>>;"i1!t.t~.~~Y';Wfii ~;t:.\tt~~' !,t-:&~~;f("'.,~-$ \' '~"-'J:;.~",*'....::~:n~ 4 Pel1ol1ll SUlVey worK and location and establishment of monumentaUon 4 4 6 ICondUCI geolechnlcallnvesUgaUon and prepare Report 11dentify anvlronmenlallsslJElS and needed mitigation measures IprepareprellmlnaIYSCQPElPlanlncludlnganalyslsotdrivewayaCCess jMeetv.ithCJlySlafflOdlscUssprelimlnarySCOpaPlan IFlfTl1 upconeept and scope plan IMeelwllh CilyslaH 10 nnalb':8 concepl and scope plan 4 4 ~ ! s 4 4 7 2 4 4 12 4 . 4 4 9 2 . 10 4 4 I 1- r 14 LaborCompJlance 16 IAs Buill Plan Preparation IAddiuonalServlceS!OrEnvlromenlallSSUeS 2 4 4 16 4 4 'SlilcOnSullanls ate Van BlIVllfen & Bulello - GeoteehnicaVSOIIs; Janda Mapping and Surveying. Surveying; and Blodg.ell & Baylols' Environmental; Withers & Sandgroo -Irrigation & Lanclscape DesIgn. APPENDIX "B" PROPOSED TIME LINE SCHEDULE WORK ITEM TASKS For Engineeri City of Tl Project No 3 12 days Thu 5/3/07 Frl 5/18/07 April 1 May I June 1- 18115122129[6 [131201_271.3110117124 1} ~~ICE TO PROCEED TASK 1~lnjtial meeting with City staff . .;E,;U;UiEtI TASK 2.Galher and review I ID 1 Task Name NOTICE TO PROCEED Duration I 1 day Start Wed 4/25/07 Finish Wed 4/25/07 2 TASk1~iniiial meeting with CitY staff to discuss goals, objectives and standards TASK 2~Gatj,er and review available records, map, traffic data plans and documents from City, CAL TRANS and utilities 1 day Wed 5/2/07 Wed 5/2/07 4 TASK 3-Detailed field review of site, condition 1 day Tue 5/8/07 Tue 5/8/07 & TASK 3-Detailed field review of si and adjacent Right-of-Way, including utilities and drainage 5 TASK 4-Perforrn Survey work and location and 22 days Thu 5/3/07 Fri 6/1/07 TASK 4-Perform SUi establishment of monumentation I TASK 5.Conduct geotechnical investigation Fri 6/1/07 ,- I 6 22 days Thu 5/3/07 Lf TASK 5-Conduct ge and prepare Report 1 I 7 I TASK 6.ldentify environmental issues and 22 days Thu 5/3/07 Fri 6/1/07 TASK 6-ldentity env needed mitigation measures 1 I 8 I TASK 7-Prepare preliminary scope plan 10 days Wed 5/9/07 Tue 5/22/07 1 irASK 7-Prepare prelimi", including analysis of driveway access I 9 I TASK 8.Meet with City slaff to discuss 1 day Wed 5/23/07 Wed 5/23/07 r";.w~'~. preliminary scope plan I 10 TASK 9-Firm up concept and scope plan 9 days Thu 5/24/07 Tue 6/5/07 ":":".-;;:; TASK 9HFirm up c , I 11 TASK 1 O-Meet with City staff to finalize 1 day Wed 6/6/07 Wed 6/6/07 ~ TASK 10-Meet wi concept and scope plan I 12 TASK 11-Prepare PS&E Documents 118 days Mon 5/21/07 Wed 10/31/07 '" I 13 118-30% Submittal 35 days Man 5/21/07 FrI7/6/07 I 14 City Review (3 Weeks) 15 days Man 7/9/07 FrI7/27/07 I 15 11b-70% Submittal 60 days Man 6/4/07 Frl 8/24107 " I 16 City Review (2 Weeks) 10 days Man 8/27/07 Fri 9f7/07 I 17 11 c-90% Submittal 80 days Mon 6/4/07 Fri 9/21/07 I 18 City Review (2 Weeks) 10 days Man 9/24/07 Fri 10/5/07 , I 19 11d-100% Submittal 10 days Man 10/8/07 Fri 10/19/07 I 20 City Review (1 Week) 5 days Mon 10/22/07 Fri 10/26/07 , I 21 Submittal of signed bidding documents 3 days Mon 10/29/07 Wed 10/31/07 I 22 , I 23 TASK 12-Bidding Assistance 18 days Mon 11/19/07 Wed 12i12i07 = ;:! ~.!! Task Progress Summary '" .]; Split Milestone . Project Summary ..... INCORPORATED APPENDIX "C" TASK AND MANPOWER UTILlZATIO City of Temecula Professional Engineering Design Services Assol Temecula Park and Ride (79 South) Projl Project No. PWD6-D9 Principal- in- Project OAlOC Civil Engineer Senior Civil TASK TASK DESCRIPTION Charge Manager Manager Manager Engineer No. R. Abbasi K. Putnam I Y. Farhadi F. Dorrani D. Kachmarsky 1 Initial meeting with City staff to discuss goals, objectives and 4 4 4 standards 2 Gather and review available records, maps, traffic data plans and 2 8 documents from City, CAL TRANS and utilities 3 Detailed field review of site, condition and adjacent Right-oj-Way, 8 16 4 including utilities and drainage 4 Perform Survey work and location and establishment of monumentation 8 2 4 5 Conduct geotechnical investigation and prepare Report 4 2 4 f' i 6 Identify environmental issues and needed mitigation measures 8 2 4 J 1 ~ I 7 Prepare preliminary scope plan including analysis of driveway access 4 4 4 16 4 I ! ' i 8 Meet with City staff to discuss preliminary scope plan 4 4 4 4 l" 9 Firm up concept and scope plan 4 8 i L", 10 Meet with City staff to finalize concept and scope plan 4 4 4 4 11 Prepare PS&E Documents l1a 30% Submittal 2 4 9 10 4 1.;. 11b 70% Submittal 4 4 8 12 6 r\' 1'; llc 90% Submittal 2 2 6 5 4 I ~ 11d 100% Submittal 2 2 3 5 2 Submillal 01 signed bidding document 2 4 ...t lle 4 4 l' ~: 12 Provide Bidding Assistance 4 10 16 l~ 13 Funding Assistance ! j, 14 Labor Compliance 15 As Built Plan Preparation 2 4 4 I' 'Subconsultants are Van Beveren & Bulello - Geotechnical/Soils; Janda Mapping and Surveying - SUlveying; and Blodgett & Baylois - Environmental; Wilhers & Sandgren - Irrigation & Landscape Design Ii - I. ITEM NO. 19 I I Approvals City Attorney Director of Finance City Manager JM.( IJIZ ('J{G CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Annual Purchase Agreement for FY2007-2008 for the Purchase of Street Stenciling Paint PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the purchase agreement for Fiscal Year 2007-2008 with Pervo Paint Company for the purchase of street stenciling paint for painting street stencils/legends and curbs Citywide in the amount of $50,000.00 and authorize the mayor to execute the agreement. BACKGROUND: Due to additional streets that have been annexed into the City and streets that have been accepted into the City's Street Maintenance System. The Public Works Maintenance Division has experienced an increase in the number of street and curbs requiring re- painting and new stencil/legends. This results in an increase in the quantity of street stencil paint needed to provide street maintenance and repairs for the Fiscal Year 2007-2008. Therefore we are requesting that the City Council approve the purchase agreement with Pervo, for Fiscal Year 2007- 2008. Pervo Paint Company is currently a sole source vendor in the Riverside and San Diego Counties for the purchase of Caltrans approved street stenciling paint. FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2007- 2008 Operating Budget which is scheduled for adoption on June 12,2007 for the Public Works Maintenance Division for Routine Street Maintenance operating budget. ATTACHMENTS: Purchase Agreement NON-EXCLUSIVE COMMODITY AGREEMENT PUBLIC WORKS MAINTENANCE DIVISION STREET STENCILING PAINT ANNUAL AGREEMENT FY07-08 CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 THIS AGREEMENT is made and entered into as of June 12, 2007, by and between the City of Temecula, a municipal corporation and Pervo Paint Company (Vendor). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on July 1, 2007 and shall terminate as of June 30, 2008, 3. Payment. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Ooeratinp Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Contract Documents that may be attached hereto or incQrporated herein. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Time and Place of Delivery. The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 1 r:\Malntain\Workorders\Contract Mastor\2007-2008\Pervo Painl 07-08 Agrml 6. Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the merchandise, (2) accept the whole of the merchandise, or (3) accept any commercial unit or units/portions of the merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall indemnify in full for such expenses. 9. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the ContractorNendor shall at all times be under Contractor'sNendor's exclusive direction and control. 12. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. Indemnification. The Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 14. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 16. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 2 r:IMainlainlWorkorderslConlracl Maslor\2007-2008IPervo Painl 07-08 Agnnl 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties 18. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. 19. Entire Agreement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 3 r:IMainlainlWorkorderslContract Mastor\2007-2008\Pervo Paint 07-08 Agnnt IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As To Form: Peter M. Thorson, City Attorney Vendor: Pervo Paint Company P.O. Box 01496 Los Angeles, CA 90001-0496 Phone: (800) 892-3647 FAX: (323) 778-9719 Brad De Ruiter, President Ingrid Espinoza, Secretary 4 r:IMainlainlWorkorderslContract Maslor\2007-2008lPervo Painl 07-08 Agrmt Exhibit A Annual Purchase of Street Stenciling Paint for painting street stencils/legends and curbs Citywide at market pricing not to exceed an amount for non-exclusive purchase of street stencil paint is $30,000.00. This purchase amount listed herein is an estimated expenditure and this agreement attached hereto as though set forth in full does not guarantee vendor this amount in purchases. 5 r:IMainlainlWorkorderslConlracl Maslor\2007-2008lPervo Paint 07-08 Agrml Ii - I. ITEM NO. 20 I I Approvals City Attorney Director of Finance City Manager V iJll... (JU.., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Purchase of Street Stencil Thermoplastic Applicator and Trailer PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the purchase of a Street Stencil Thermoplastic Applicator and Trailer in the amount of $34,486.04 from Line Master Engineering, Inc. for the Public Works Maintenance Division. BACKGROUND: The Public Works Maintenance Division Street Stenciling Crew maintains all street legends Citywide. Some of the legends are paint or thermoplastic material. The Thermoplastic material has a 5 to 7 year lifespan compared to stencil paint that requires re-painting each year. Thermoplastic is also a quick drying material that does not require long delays with the flow of traffic. With the purchase of the thermoplastic applicator the stenciling crew will be able to expedite the replacement, repairs, and installation of thermoplastic legends such as cross-walks and speed limit legends. Three (3) quotes were obtained and Line Master Engineering, Inc. was the lowest bidder with the equipment that meet the required specifications. FISCAL IMPACT: Adequate funds are available in the Public Works Maintenance Division Equipment Account for Fiscal Year 2006-2007 ATTACHMENTS: Attachments NON-EXCLUSIVE COMMODITY AGREEMENT PUBLIC WORKS MAINTENANCE DIVISION THERMOPLASTIC APPLICATOR AND TRAILER PURCHASE AGREEMENT FY07-08 CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 THIS AGREEMENT is made and entered into as of June 12, 2007, by and between the City of Temecula, a municipal corporation and Line Master Engineering, Inc. (Vendor), In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods, Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on June 12, 2007 and shall terminate as of June 30, 2008; 3. Payment. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Thirty Four Thousand Four Hundred Eight Six Dollars and Four Cents ($34,486,04) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted, Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consent", Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Qoeratinp Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Contract Documents that may be attached hereto or incorporated herein. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 1 r:IMaintatnlWorKorderslContracl Maslor\2007-2008\Thenno Applicator 07-08 Agnnl 5. Time and Place of Delivery. The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6, Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the merchandise, (2) accept the whole of the merchandise, or (3) accept any commercial unit or units/portions of the merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall indemnify in full for such expenses. 9. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor, 10. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the ContractorNendor shall at all times be under Contractor'sNendor's exclusive direction and control. 12. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures, The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. Indemnification. The Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which maybe imposed upon them for injury to or death of persons, or damage to property arising out of negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 14. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 2 r:IMaintainlWorkorderslContracl Maslor\2007 -20081Thenno Applicalor 07-08 Agnnl 16. RemedIes. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties 18, Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and perfonned entirely in California. 19. Entire Agreement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 3 r:IMainlainlWorkorderslContract Maslor\2007 -20081Thermo Applicator 07-08 Agrmt IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As To Form: Peter M. Thorson, City Attorney Vendor: Line Master Engineering, Inc. P.O. Box 91568 Long Beach, CA 90809-1568 Phone: (562) 596-3236 FAX: (562) 596-8567 Anita Gonzales, President Anita Gonzales, Secretary 4 r:IMaintainlWorkorderslConlract Maslorl2007-2008lThenno Applicator 07-08 Agnnl Exhibit A Purchase Agreement of Street Stencil Thermoplastic Applicator and Trailer for painting street stencllsllegends CItywide for an amount for non-exclusive purchase of the Thermoplastic Applicator and Trailer $34,486.04. ThIs purchase amount listed herein Is an expenditure and this agreement attached hereto as though set forth In full. 5 r:\Malntaln\Workorders\Conlracl Maslor\2007 -2008\Thermo Applicator 07-08 Agrml FROM : LiI'E MASTERENG I NEERI NG FAX NO. : 562-596-8567 May. 23 2007 06:45PM P2 lIVE r4SlEllfM I , , - - _ .. _ _ _ englneeflng InC, "Quality Equlpm""t .nd THhnlt:1II Support for tho POllemont "",,.Inll Indu.W' QUOTATION I DATE I 5/23/2007 BILL TO City of Temecula PO Box 9033 Temecula, CA 92589-9033 QUAN... ITEM CODE 1 GM-201SR 2 MISC, TXABL 1 LMPM-PP-5 GM205K037W SHIP TO CllY of Temecula 43210 Brea Park Drive Temecula, CA 92589 TERMS VIA F.O.S, NET 30 DAYS LME FACTORY DESCRIPTION PRICE EACH AMOUNT THIS THERMOPLASTIC SYSTEM IS DELIVERED COMPLETE AND READY TO OPERATE MINUS PROPANE GM-201 SR THERMOPLASTIC APPLICATOR WITH 6,120.00 6,120.00 VARIABLE-WIDTH TRANSMISSION-DRIVEN BEAD DISPENSER, AUTOMATIC TEMPERATURE CONTROL, QUICK CHANGE MATERIAL TANK AND HEAVY DUTY REAR WHEEL WITH FOOT-ACTIVATED SWIVEL LOCK AND 20 LB PROPANE BOTTLE GM-201SR SN: 06-04 20 LB PROPANE BOffLE SN:.___..... LMPM 400 LB. VERTICAL AIR-JACKETED 1WIN 7,900.00 15,800.00 PREMEL TING KETTLESb WITH HYDRAULIC AGITATION AUTOMATI TEMPERATURE CONTROL, REGULATOR AND HAND TORCH, MOUNTED ON DIAMOND PLATE SKID NOTE: WITH 1WIN KETTLES IN LIEU OF SINGLE, THE INDEPENDENT HYDRAULIC POWER PACK DESCRIBED BELOW IS INCLUDED IN THIS PRICE INDEPENDENT HYDRAULIC POWER PACK WITH 0.00 0.00 RECOil START, 5 HP HONDA GAS ENGINE SN: INvLUDED IN 1WIN KETTLE PRICE ABOVE 12" HEAVY DUTY PRECISION APPLICATION 1 ,420.00 1,420.00 DIE,# CONTINUED ON PAGE 1W0 THIS IS A PRICE QUOTE AND WILL BE HONOREIJ r\JK .:11) DAYS, THANK YOU FOR THE OPPORTUNITY TO SERVE YOU. r':',,;..; I Total P. O. Box 91568 . Lone Beach. CA 90809.1568. (562) 596.3236 FROM :L1"E ''''''cro::1-13INEERING FAX NO. :562-:::~S e::::7 May. 23 20I2l7 1116: 45PM P3 WSfEfI'Al # I I _ _ "_ _ _ _ _ englneel7ng Inc. ----- -Quality Equlpmant and TeGllnlul suppon for tll. Pavam.nt MarklnglndllllUY- QUOTATION I DATE I 5123/2007 BIL~ TO City of Temecula PO Box 9033 Temecula, CA 92589.9033 r-SHIPTO. City of Temecula 43210 Brea Park Drive Temecula, CA 92589 TERMS VIA F,O.B, NET 30 DAYS LME FACTORY QUAN... ITEM CODE DESCRIPTION PRICE EACH AMOUNT 1 GM20l G028 QUICK CHANGE MATERIA~ TANK COMPL.ETE, 2,000,00 2,000.00 INCLUDES: TWO PART LID, HAND AGITATOR, CHUTE, STAY, SHUTTER, SHUTTER GUIDES, THERMOMETER AND THERMOWELL 1 DELIVERY DELIVERY AND 4 HR START UP ON 800,00 800.00 EQUIPMENT 1 TRAIL/35oo CUSTOM TRANSPORT TRAILER, 3500 LB GVW, 4,900.00 4,900,00 SINGLE AXLE, DIAMOND DECK BED 77" WIDE BY 12 FT LONG WITH 1,000 LB HYDRAULIC SWIVEL LIFTING HOIST fOR LIFTING APPllCATORM CUSTOM IFTING HARNESS WITH CUSTO TIE DOWNS AND ALL ABOVE EQUIPMENT INSTALLED ON TRAILER 1 DOC DOC FEE FOR TRAILER DMV 60,00 60.00 1 MISC, TXABL 50 lB PROPANi:: BOTTLE AND CUSTOM 225.00 225,00 BOmE RACK FOR 50 LB LP BOTTLE 1 TECH TECHNICAL TWO DAY "HANDS ON' TRAINING 800.00 800.00 SUB TOTAL. 32,125.00 RIVERSIDE COUNTY SALES TAX 7.75% 2,361.04 THIS IS A PRICE QUOTE AND WilL BE HONORED FOR 30 DAYS. THANK YOU FOR THE OPPORTUNITY TO SERVE YOU. r.....: I.Total $34,486.04 P. 0, BO.1I: 91568. LOII& Beacb, CA 90809..1.568. (562) 596-3236 Ii - I. ITEM NO. 21 I I Approvals City Attorney Director of Finance City Manager 1#-f" /JJl CG-- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 12,2007 SUBJECT: Award the Construction Contract for Project No. PW07-06 Citywide Concrete Repairs - Phase II Fiscal Year 2006-2007 PREPARED BY: Greg Butler, Deputy Director - CIP Kavon Haghigi, Associate Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. PW07 -06, Citywide Concrete Repairs- Phase II Fiscal Year 2006-2007, to Del Rio Enterprise, Inc. in the amount of $138,392.82 and authorize the Mayor to execute the contract. 2. Authorize the City Managerto approve change orders nollo exceed the contingency amount of $13,839.28, which is equal to 10% of the contract amount. BACKGROUND: On May 8, 2007, the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for Project No. PW07-06, Citywide Concrete Repairs - Phase II Fiscal Year 2006-2007. This annual Concrete Repair project will repair various damaged concrete facilities maintained by the City. The Public Works Maintenance Division surveyed, addressed and compiled a list of damaged sidewalks, curb & gutter, cross gutters, spandrels, driveway approaches, access ramps, and under sidewalk drains. Those needing immediate repair are included in this project. Two (2) bids were received and publicly opened on Tuesday, May 29, 2007. The results were as follows: 1. 2. Del Rio Enterpirse, Inc. S. Parker Engineering, Inc. $138,392.82 $178,366.00 A copy of the bid summary is available for review in the Director of Public Works office. Staff has reviewed the bid proposals and found Del Rio Enterprises, of Temecula, California to be the lowest responsible bidder. Del Rio Enterprises has extensive experience with concrete removal and replacement and has successfully completed similar projects for other municipalities. The Engineer's estimate for this project was $140,000. The specifications allow twenty five (25) working days for the completion of the project. FISCAL IMPACT: Funds are available in the Public Works Department Maintenance Division FY 2006-2007 Budget for Routine Street Maintenance, Account No. 001-164-601-5402. The total project cost is $152,232.1 0, which includes the contract amount of $138,392.82 plus 10% contingency of $13,839.28. ATTACHMENTS: 1. Concrete Repair List 2. Contract CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT EXHIBIT "C" - CONCRETE REPAIR LIST FOR PROJECT NO. 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PW07-06 CITYWIDE CONCRETE REPAIRS PHASE 11- FY 2006-07 THIS CONTRACT, made and entered into the 12th day of June, 2007 by and between the City of Temecula, a muniCipal corporation, hereinafter referred to as "CITY", and Del Rio Enterprise, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW07- 06, CITYWIDE CONCRETE REPAIRS PHASE II - FY 2006-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-06, CITYWIDE CONCRETE REPAIRS PHASE II - FY 2006-07. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-06, CITYWIDE CONCRETE REPAIRS PHASE II - FY 2006-07. 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 C-1R;\cIPd'ROJECTS\FW07\FW07-06CityMtXiC<n:mlaPhasell_FY20Q6.07\SPECS\DeIRioConslluclJonConbacldxSpacslDaIRloCorltracl The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW07-06, CITYWIDE CONCRETE REPAIRS PHASE II - FY 2006-07 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED THIRTY EIGHT THOSAND THREE HUNDRED NINETY TWO DOLLARS and EIGHTY TWO CENTS ($138,392.82), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed twenty-five (25) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. CONTRACT C-2R:ICIP,PROJECTS\PW07\PN07.{)6Ci\;'MclaConcralaPhasall_Pf20Q6.07\5PECS\OelRJoConstructiOllCcntracldocSpoos\DelRloCol1trac1 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. C. 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. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the CONTRACT C..JR:\CIPlPROJECTS\PN07\FYI07-<l6 Cityllida Coocrata PhaseII-Pr'2006-07\SPECSIDeI RioConstructlon ConlrootdocSpecsIDel RioConlracl adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY.. CONTRACT C-4R:lCIPIl'ROJECTS\FW07\fWll7.{)6 CityllideCoocnlla PhasaII-FV2OO6-(l7\SPECSIDeI RfoConstrucliOll Conlrad.dooSpecslDel RioConlmcl 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer' or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-5R:\CIPd'ROJECTSIPN07\PiV07.oo CitylljooConcreIo PhasaIl.Pf2006-07\SPECSIOeI RioCoostluctionConlmcldocSpoos\Del RioCootract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Del Rio Enterprise, Inc. 42181 Avenida Alvarado Temecula, CA 92590 (951) 676-4550 Lloyd Mullens, President Mike Mullens, CFO (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Chuck Washington, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C.6R;\CIPlPROJECTS\PN07\fW07-06 CilywidaConcreIa Phasall_FY2006-07\SPECSlDeI RioCOllStructiOl1 Contracl.docSpecslDel RioConlJacl Ii - I. ITEM NO. 22 I I Approvals City Attorney Director of Finance City Manager ~(' iJll CJQ.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: June 12,2007 SUBJECT: Agreement for plan review services with Esgil Corporation PREPARED BY: Mark Harold, Director of Building and Safety RECOMMENDATION: That the City Council approves an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2007/2008 in the amount of $200,000. BACKGROUND: On June 30, 2007, the contract for professional plan review services with Esgil Corporation will end. The relationship between the City of Temecula and Esgil Corporation has resulted in an excellent service afforded to our customers for twelve (12) years. Esgil Corporation is a major provider for our outside plan review services and continues to provide an outstanding level of quality plan review, as well as meeting city commitments to our customers for plan review turn around times. Due to the quality of services rendered by Esgil Corporation the city staff wishes to continue this positive relationship without consideration of additional potential consultants. FISCAL IMPACT: These are currently programmed in the Fiscal Year 2007/2008 Operating Budget Account Number 001-162-999-5248, "Consulting Services" for this purpose. ATTACHMENTS: New Agreement FY 2007/2008. AGREEMENT FOR CONSULTANT SERVICES BElWEEN THE CITY OF TEMECULA AND ESGIL CORPORATION PLAN CHECK REVIEW SERVICES THIS AGREEMENT is made and effective as of June 12, 2007, between the City of Temecula, a municipal corporation ("City") and Esgil Corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $200,000.00 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. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 6. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (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 give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. A. 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. B. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) CG 00 01 11 85 or 88. Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) claim and in aggregate. Professional Liability coverage: One million ($1,000,000) per D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. F. Acceo.tabili!v of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. G. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR A Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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 by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Esgil Corporation 9320 Chesapeake Dr. #208 San Diego, CA 92123 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. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES., At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Esgil Corporation 9320 Chesapeake Dr. #208 San Diego, CA 92123 By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] EXHIBIT A SCOPE OF WORK PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: D Requirements based upon type of occupancy D Requirements based upon type of construction D Engineering regulations including seismic loads D Detailed regulations of construction D Fire resistive standards for fire protection D Fire and life safety requirements D Accessibility to the physically handicapped National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes. EXHIBIT B PAYMENT RATES AND SCHEDULE Esgil Corporation's plan review fee shall be 75% of the inspection portion of the City's inspection portion of the building permit fee. Plan check fee for repetitive identical buildings shall be 75% of the inspection portion of the City's Permit Fee as noted above for the first, or basic building, and 15% of the inspection portion of the City's Permit Fee as noted above for each repetitive building. The single fee includes all rechecks and there are no additional charges for preliminary plan check conferences at our office, expedited processing, or checking plans that are eventually found to be incomplete. Revisions to previously approved plans will be at Esgil Corporation's published hourly rates. Ii - I. ITEM NO. 23 I I Approvals City Attorney Director of Finance City Manager ~ /)/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: June 12,2007 SUBJECT: Agreement for Contract Inspection Services with P & D Consultants PREPARED BY: Mark Harold, Director of Building and Safety RECOMMENDATION: That the City Council approves an Agreement for Consultant Services with P & D Consultants for Fiscal Year 2007/2008 in an amount not to exceed $156,000. BACKGROUND: P & D Consultants has provided supplemental building inspection services to the Building and Safety Department for the past several years. During this time we have continued to have a need for experienced certified building inspectors to supplement our regular inspection staff in dealing with the high volume of construction activity. With the advent of the Abbott Laboratory expansion and the Promenade Mall expansion occurring in this next fiscal year, staff feels that supplemental inspection services is warranted. FISCAL IMPACT: These are currently programmed in the Fiscal Year 2007-2008 Operating Budget Account No. 001-162-999-5118 "Temporary Help", for this purpose. ATTACHMENTS: P & D Consultants Agreement. AGREEMENT FOR CONSULTANT SERVICES BElWEEN THE CITY OF TEMECULA AND P & D CONSULTANTS PLAN CHECK REVIEW ANDINSPECTION SERVICES THIS AGREEMENT is made and effective as of June 12, 2007, between the City of Temecula, a municipal corporation ("City") and P & D Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $156,000.00 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. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 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 5. 6. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (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 give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. A. 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. B. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) CG 00 01 11 85 or 88. Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) claim and in aggregate. Professional Liability coverage: One million ($1,000,000) per D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. F. Acceo.tabili!v of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. G. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR A Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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 by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: P&D Consultants 999 Town & Country Road, 4th Floor Orange, CA 92868 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. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES., At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: P&D Consultants 999 Town & Country Road, 4th Floor Orange, CA 92868 By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] EXHIBIT A SCOPE OF WORK Perform combination building inspection on an as-needed basis. EXHIBIT B PAYMENT RATES AND SCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $75.00 per hour, plus $.36 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charge for mileage. Ii - I. ITEM NO. 24 I I Approvals City Attorney Director of Finance City Manager V IJIl ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold Director of Building and Safety DATE: June 12,2007 SUBJECT: Agreement for Plan Review Services with I nterwest Consulting PREPARED BY: Mark Harold, Deputy Director of Building and Safety RECOMMENDATION: That the City Council approves an agreement for Consultant Services for Plan Check Review for Fiscal Year 2007/2008 with Interwest Consultants in an amount not to exceed $50,000. BACKGROUND: On January 9, 2007, the City Council approved a contract with Interwest Consulting Group for professional plan review services for the remainder of the fiscal year 2006/2007. The contract is scheduled to end on June 30, 2007. The contract for plan review services provided by Interwest Consulting Group has resulted in an excellent review of projects for our customers. Therefore, the Building and Safety Department wishes to enter into an agreement for the Fiscal Year 2007-2008 with Interwest Consulting Group to ensure plan review turnaround times are met in the event our other consultant becomes unable to provide the expected level of service. Construction activity remains high and a number of projects are anticipated to be presented for review in 2007. Projects expected in the near future include an expansion at the Promenade Mall and the Temecula Lane Condominium Development. FISCAL IMPACT: These are currently programmed in the Fiscal Year 2007-2008 Operating Budget Account No. 001-162-999-5248 "Consulting Services", for this purpose. ATTACHMENTS: Interwest Consultants Agreement. AGREEMENT FOR CONSULTANT SERVICES BElWEEN THE CITY OF TEMECULA AND INTERWEST CONSULTING GROUP, INC. PLAN CHECK REVIEW SERVICES THIS AGREEMENT is made and effective as of June 12, 2007, between the City of Temecula, a municipal corporation ("City") and Interwest Consulting Group, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $50,000.00 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. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 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 5. 6. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (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 give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. A. 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. B. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) CG 00 01 11 85 or 88. Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) claim and in aggregate. Professional Liability coverage: One million ($1,000,000) per D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. F. Acceo.tabili!v of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. G. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR A Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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 by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Interwest Consulting Group, Inc. 4113 Bellflower Blvd. Long Beach, CA 90808 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. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES., At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Interwest Consulting Group Inc. 4113 Bellflower Blvd. Long Beach, CA 90808 By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] EXHIBIT A SCOPE OF WORK PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: California Building Code requirement including: D Requirements based upon type of occupancy D Requirements based upon type of construction D Engineering regulations including seismic loads D Detailed regulations of construction D Fire resistive standards for fire protection D Fire and life safety requirements D Accessibility to the physically handicapped California Electrical Code requirements California Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes. Temecula Municipal Code Section 15.04 EXHIBIT B PAYMENT RATES AND SCHEDULE Interwest Consulting Group's plan review fee shall be 75% of the inspection portion of the City's inspection portion of the Building Permit Fee. Plan check fee for repetitive identical buildings shall be 75% of the inspection portion of the Building Permit Fee as noted above for the first, or basic building, and 15% of the inspection portion of the Building Permit Fee as noted above for each repetitive building. The single fee includes all rechecks and there are no additional charges for preliminary plan check conferences at our office, expedited processing, or checking plans that are eventually found to be incomplete. Revisions to previously approved plans will be at Interwest Consulting Group's published hourly rates. Ii - I. ITEM NO. 25 I I Approvals City Attorney Director of Finance City Manager ~r- /112. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: June 12,2007 SUBJECT: Local Agency Formation Commission Sphere of Influence Review Response Letter PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approve the Sphere of Influence response letter to the Riverside County Local Agency Formation Commission. BACKGROUND: The Local Agency Formation Commission is engaged in updating all Sphere's of Influence for all jurisdictions in Riverside County in accordance with State law. This update process must be completed by the end of 2007 and to meet this deadline the Local Agency Formation Commission (LAFCO) must take this matter to public hearing in July. The City is completing a financial model to determine if it is prudent to annex or extend its sphere at some future point. This model will not be complete for several months. In orderto meetthe LAFCO deadline we have prepared the attached letter stating that we have no plans to adjust our Sphere of Influence at this point in time but we may want to make adjustments after the City reviews the financial model, holds briefings with the Council Committee and then brings any recommendations to the full Council. FISCAL IMPACT: None: The Sphere of Influence will remain the same therefore there will be no fiscal impacts to the City. ATTACHMENTS: Letter of Transmittal to the Local Agency Formation Commission. (j.y of I C TCCL la 43200 Business Park Drive-Temecula, CA 92590-Mailing Address: PO. Box 9033-Temecula, CA 92589-9033 (951) 506-5100 - Fax (951) 694-6499- www.cityoftemecula.org June 12, 2007 George Spiliotis Executive Officer Local Agency Formation Commission 3850 Vine Street Riverside, CA 92507-4277 Subject: Sphere of Influence Response Letter Dear George: This is in response to your request to the City of Temecula to review the current Sphere of Influence in conjunction with LAFCO's five year review cycle. At this time the City feels that no changes are necessary to the Sphere of Influence. You are aware that the City is engaged in producing a fiscal model for its current Sphere and that future changes may be forthcoming as a result of this modeling. Additionally, we are currently preparing an Environmental Impact Report for the Santa Margarita Ecological Reserve Area and anticipate a Sphere amendment request later in the year. The EIR will not be completed in time to meet your deadline under Government Code Section 56425. If you should have any questions please do not hesitate to contact me at (951) 694-6440. Sincerely, Shawn D. Nelson City Manager cc: City Council Bob Johnson, Assistant City Manager Aaron Adams, Assistant City Manager Debbie Ubnoske, Director of Planning * Printed on Recycled Paper Ii - I. ITEM NO. 26 I I APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER ~ - JI3R. - rr.r. ~- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: June 12,2007 SUBJECT: Annual Recruitment Advertising Purchasing Authorization of $30,000 PREPARED BY: Beth Gutierrez, Human Resources Analyst RECOMMENDATION: That the City Council approves the purchasing authorization of $30,000 annually for recruitment advertising with the San Diego Union-Tribune. BACKGROUND: The City of Temecula has utilized local newspapers to provide recruitment advertising on an as needed basis. For the pastfew years we have utilized the San Diego Union-Tribune consistently to meet the recruitment advertising needs of our organization. They have proven to be competitive in their pricing and have provided the City with a tremendous response to our advertising efforts for high caliber candidates. We are confident that the business relationship we have successfully developed with the San Diego Union-Tribune will continue to provide a top quality service for our City. Based on the City's purchasing authorization, the City Council needs to approve expenditures that exceed $25,000 annually. This threshold has been reached with our current recruitment advertising and this action will allow the Human Resources Department to use the San Diego Union Tribune as a recruiting vehicle for the remainder of fiscal year 06/07. Furthermore, we will continue to utilize the classified advertising services of the North County Times (Californian), Press-Enterprise, Orange County Register, and the Los Angeles Times as necessary. FISCAL IMPACT: Adequate funds are available in this current FY budget. C\WINDOVVS\apsdoc\nettempV5544 \$ASQpdf844 755.doc TEMECULA COMMUNITY SERVICES DISTRICT Ii - I. ITEM NO. 27 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 22,2007 A regular meeting of the City of Temecula Community Services District was called to order at 7:38 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington Comerchero ABSENT: o DIRECTORS: None. Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of May 8, 2007. 20 Financial Statements for the Nine Months Ended March 31. 2007 RECOMMENDATION: 20.1 Receive and file the Financial Statements for the nine months ended March 31, 2007. 21 TCSD Pro Dosed Election for Service Level C Rates and Charaes RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07 - 04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT INITIATING PROCEEDINGS TO INCREASE THE RATES AND CHARGES FOR SERVICE LEVEL C COMMENCING FISCAL YEAR 2008-2009, TO PROVIDE AN ANNUAL ADJUSTMENT THERETO AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH R:\Minutes\052207 22 First Amendment to Prudential Overall SUDDlv Aareement RECOMMENDATION: 22.1 Approve the First Amendment with Prudential Overall Supply in the amount of $25,000 for Uniform, Floor Mat, Dust Mop, and Towel Cleaning/Rental Service. 23 Second Amendment to the Water Manaaement/Maintenance Services Aareement with Marine Biochemists for Fiscal Year 2007-2008 RECOMMENDATION: 23.1 Approve the Second Amendment with Marine Biochemists for $58,260 to provide Water Management/Maintenance Services for Harveston Lake Park and the Temecula Duck Pond for Fiscal Year 2007-2008. 24 First Amendment to T & T Janitorial Aareement for City Facilitv Janitorial Services RECOMMENDATION: 24.1 Approve the First Amendment with T & T Janitorial in the amount of $48,965 for Janitorial Maintenance Services at the Temecula Public Library for Fiscal Year 2007-2008. 25 Concession Aareement with A&B Desert Services. DBA. Grounds for Hire RECOMMENDATION: 25.1 Approve an agreement with A&B Desert Services DBA Grounds for Hire to provide concession services at the Old Town Temecula Community Theater and the Temecula Public Library. MOTION: Director Edwards moved to approve the Consent Calendar. Director Washington seconded the motion and electronic vote reflected unanimous approval. CSD DEPARTMENTAL REPORT 26 Community Services District Monthlv DeDartmental ReDort CSD DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker invited the community to visit the City's website at www.citvoftemecula.ora and fill out the questionnaire regarding the Youth Master Plan. CSD GENERAL MANAGERS REPORT No additional comments. R:\Minutes\052207 2 CSD BOARD OF DIRECTORS REPORTS Director Washington thanked staff and the public for their efforts with regard to the City's Youth Master Plan meeting. CSD ADJOURNMENT At 7:40 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 12,2007, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\052207 3 Ii - I. ITEM NO. 28 I I TO: FROM: DATE: APPROVAL JM.f CITY ATTORNEY fV1 0 DIRECTOR OF FINANCE- ht<:... - CITY MANAGER _rr,~.__ v.... CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors Herman D. Parker, Director of Community Services June 12, 2007 SUBJECT: Temecula Community Services District Fiscal Year 2007-2008 Annual Maintenance Agreements PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Boards of Directors approve the minor annual maintenance and construction contracts for Fiscal Year 2007-2008 with: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Rizzo Construction, for an amount not to exceed Moore Fence, for an amount not to exceed Park Specialties, for an amount not to exceed Alexander Pacific, for an amount not to exceed N.P.G. Inc. for an amount not to exceed Imperial Paving Company, Inc. for an amount not to exceed Strong Painting, for an amount not to exceed Craftsmen Plumbing, for an amount not to exceed Power Distributors Inc. for an amount not to exceed Monteleone Contractor's, Inc. for an amount not to exceed Tiger Equipment, Inc. for an amount not to exceed $200,000.00 $150,000.00 $150,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $ 75,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 BACKGROUND: Each year the Temecula Community Services Department enters into numerous maintenance and construction agreements with various contractors that perform minor maintenance and construction jobs throughout the City. These jobs usually range in cost from over $1 ,000 to under $25,000 and involve miscellaneous repairs electrical, fencing, paving, grading or excavation, plumbing, painting, general construction and emergency call-out. Nevertheless, each job requires an agreement between the City and the contractor. I n an effort to streamline these contractual requirements, staff has taken measures to place under agreement Eleven (11) contractors that are very capable of performing routine jobs and emergency services. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of emergency that can impinge the safety of the Cityfacilities, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution C:\ WINDOWS\apsdoc\nettemp\5444\$ASQpdf844 nO.doc to adverse conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $50,000.00 to $200,000.00 amounts does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to fifty-one (51) contractors in the local area that could meet the described minor routine maintenance and construction work required. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overnight rates. Seventeen (17) out of the fifty-one (51) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "B" of each agreement. The Staff has reviewed these rates and has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for a not to exceed $50,000.00 to $200,000.00 agreements for a one (1) year term. ComDanv Amount not to Exceed. Term 1. Rizzo Construction $200,000.00 1 year 2. Moore Fence $150,000.00 1 year 3. Park Specialties $150,000.00 1 year 4. Alexander Pacific $100,000.00 1 year 5. N.P.G. Inc. $100,000.00 1 year 6. Imperial Paving Company, Inc. $100,000.00 1 year 7. Strong Painting, $100,000.00 1 year 8. Craftsmen Plumbing, $ 75,000.00 1 year 9. Power Distributors Inc. $ 50,000.00 1 year 10. Monteleone Contractor's, Inc. $ 50,000.00 1 year 11. Tiger Equipment, Inc. $ 50,000.00 1 year FISCAL IMPACT: Sufficient funds are available in the current operating budget and are also programmed in the FY 2007-2008 Annual Operating Budget. ATTACHMENT: 1. Contracts C:\ WINDOWS\apsdoc\nettemp\5444\$ASQpdf844 nO.doc C\WINDOWS\apsdoc\nettemp\S444\$ASQPdf844 no.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and RIZZO CONSTRUCTION INC. ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the rightto hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Rizzo Construction Inc. 30145 Corte Plata Temecula, CA 92591 Phone (951) 676-3001 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR RIZZO CONSTRUCTION INC. 30145 Corte Plata Temecula, CA 92591 (951) 676-3001 Contact Person Charles Rizzo By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\41 OO\$ASQpdf846782 .doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment Z1){;.)/2f1"P 2f1~e; J!i~ ;''l'5.~2:i') F!r~?D C:CH.;-r :Lt>k:: t-','l('E Ol!2I;: FAX COVER SHEET RIZZO CONSTRUCTION INC. GENF..RALCONTRAcroR Lie /I 624315 3~145 CORTE PLATA 'fEMECULA, CA. 92591 PHONIC (951) 616-3~OI FAX (951) ~95-nlO CF." (909) 3U-SS07 JM.n:~ ?.,-lu.- 97 NlMllER OF P AGESI (INCLUDING TillS CO"\;ER l"AGE) ~I M.~""''j.1!. NCTnrY T.lJI:S- rl:.RSON TRATTJIlWRAV"E A FA}:.: j't;t'o....!....NO_ c()Ml',""Y,_~t~ .f,;"",~I.." ^TTl:NTl{)N~ j ~~.:-1 FfI()NB /1 ) FAX it ) 81'RCI.u / II ';-'\--, ~ \ IN'''"''''CTIONS, d-.OD];J-f70 g 1"\"", t- '1:5","" y,",,~,~~ hlil-e'.l_,1: ~9.c..~','I J",.,A"'...t- rrt"l",,<::::... 1,^'1 f""\C.~>-.,...\'.aLl-\'!~'-e. ~\ ::i "u \,,,}.. +0 ;,",n~_".'''' ""_\__,,,\.~. CLJ'$~ RIZZO (,.'ONSTRucrr()~ 1:Nc. . F.'l,,);: WAS.:sr..NT BY ; CIlA.RU8 M. RIZW " C\ WINOOWSlapsdoc\nettemp\4100\$ASQpdf846782 doc ZI)1':'3/~I.lIF ~8:~'5 :t":''>':!':t''1 RIZZO ':OI:T HI':: P"'O:;;:; "2/€I., Rizzo ConstnIction InC. PROPOSAL ,._"'..,..--k' '-------CENERAL ,""INSULATION CONTRACl"OR .'----SON-OE:O .INSURl:D.. LtCENSE-N'O. .02,4316 P,O, BOX 301 TEMECUlA. CA 92.953 OFflct:: (909) trt6-3001.... FAX: (10109) 005.9210 'I"fJ, C:Tn' or -o:;r.IECVlA ~:l;!Otl3t1SJ.N~!;:;P._\RKDR. .'EMctCUl A, c..\, '12&90 !IT'C I:\RUct! \I;~ol>-U'N!j i"R0JJ'LT \'ARiO\.'$I'R(UfI:Cl'~fOR '-fATN7V""NCE Ol'iI~lON CIn' or m.I[ijCUL~ TtMUCUU.. C,\. MlOm, 6~,6IISIl J'n ~-641U ~~: DAn: 3,'14.'200'1 '!'tJ'lP-C)l'tcAnr.Jl:3: VA1UOU'$J"Il..OJEC'I:'S:GIDltlJ{AI~C;(N~lI.ct FtSCAl- 'VJ>.ZOO7- ~oo~ "".pfUj.'(l9'lfQltmisI'lI1IblMr.JlI:Ior"""lU1.J..qllililll1l'1.1tlJl!~o!:l~.t"OO:r.I'!qiI>1booli'l"'...Inf!o rn:U".;l..,.ioNi1..\T. t3 'FOR VAl((OIJSaENliK.O,I.,(lON:t'J'Rl1CUONPROJt>Cl'SMllR;:;.jihUl wanAi' I'Jl'[: crrv 01- n:1tJnCI'..11.A FAC1UTlIk . 1~:A5E~<;TOB"'WKJrrr::.;l'Qnt:Af.'.u' . -....RO.m:;rTnAiCAt{E"J"QII(fI.t'J).I'Oj{_~>(I:Jo:}.cr .'l.\[OL'}IT.~J.l. B~1JOI\E 90, On-n;R fROmc1l'i ~~4"".I.t. t:lhC'!f A f i.l\-IH-&' MATOUA.LT1.US :1)'1... M^RK-IJV BASES., pt.\.o'$~'lt",UBn..rrvTNm;Il.MlCt;. ,~OIU~X:r1':S,R~:r.A":K0UR!.I.s.">MT05PM -,:;(,...00 l-'1:RllOUR " ,,' :,;\1GHfHOUJ>;'> ,;"...,-TOI....:,1 "'s'''I.00 J'F..IHClUK : """l\~"B/Ilfl~ -$ ~H\J 1'151t~T}R F.Ql,.1IT\fD,iM..-.;r.... ';B~T.r,TU.:Pr>R nqJoornG'R^""IIVON.WAl9n.ITY OF TltE>~UIM'(l,n'\N":-:~::01iO l"_t'S! On.T\:alltY&PTCK.-tJ1'. .(E'illJ,r.o1l'\('; &. SAT'JIT'--' llIiQl.i[RES J].YA.AI\.l.:ffil'~:I"A1JD~ RAHtrooC:RAWn-1oo.. Tlffi:CITY '-'C:;''l" I'KOVlDE TRE~IQ!t ';Ii!!', ""D..L III-:: V~l"~ TJ-r.!lB.GOt-.llll....n:. . 1o",~"t(JU)~of r~, RII.T.Th.'VPI:RJ'RO~CI'.~ '3ItL),\Yl;> .-. . (Sa1c:3TuJ:n"1...x.I}J),,,1I..~ ~:IOC<J",rt1w"\l.t:M,,*&nem l'll".(':r.f1j'1f1l"!Y.....-ri"='~):JMn~'''C W~...i:~tIw~~~t~.1eiI:Illftll~il!l. >arit.<na:ndP""ucG-AAi!;ry.IIo"dPropo;rt>DIUYlD.gl>....."n'nuo .~'.bJ(Ia\l.~Olttbo:-"'UTCtI.("pIicoofl ~lIJt4m,Jlcri..t rfni:l'l~rn:aJ ~(t ~1't<<lI-htebl;tOO{.'hcr~:hti~n~J ~'~.1i:t"''rb:b'' Jftn. ,,,,,,",,r,oo!,*,,,, "'lI b:-CIM>f>l'>j..J rorIlWltdmurn~(I:-!JDlI ofll".<: pNjfl"lti00l5phlle\Y-ll'l:~~:..:r. i:>::'C11b(! .:;I>l~,.,;I'h"rl>yl"J.hQCOIi\l!l:Wi~,1'''w'''''j>l"~l(Ipsytc_b\.,,''l1Cll1\e,y~ . AIlNd=~""Iti.~I"".defll=l=b!r'..."..>rndi.dllinr_t""'d~tfto'~IVnt...(".."...n;......."illlcCOlh;l""l'n'",,,.-liNa\'io:oC. AII..~,..w..."loctl7llil\S'S'll'llpacl "tTi):J<<:, ""c.1Ui!nI&.4em: ~OOl!, 0l',,0Wt .lft~ l>..,~<lIM"'\'on':roJ, "ll'ii?ii>'- 1<JW"" ".'-'M~ K"''''o>' ~ L"""" /-' .. {J (1!t.;1.2{)~~0~ '.:NAM'F.m' ao'il-~ CI WINOOWSlapsdoclnettempl4100\$ASQpdf846782 doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and MOORE FENCE CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the rightto hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Moore Fence Co., Inc. P.O. BOX 1297 Perris CA, 92570 Phone (888) 718-9777 Contact Person, Scott Moore 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. INVITNESS WHEREOF , the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MOORE FENCE CO., INC. P.O. Box 1297 Perris CA, 92570 (888) 718-9777 FAX (951) 940-0429 By: Name: Title' By: Name: Title: (Two Signatures Required for Corporations) C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc EXHIBIT A Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WINDOWS\apsdoc\nettemp\4672\$ASQpdf846781.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment '4J~'S12(07 I~ ~ 1 "^': (lS1104~04~~ ~oa~'E ; ::~(;~ ,.-- .,. ~---- ~-- --., ~ ApI1I'$"ij:l1 MOORE FENCE CO., INC. 1>,0. flOX 1297 P~RRI6. l:iAu.:O."l........... 9:!f7Q J~881!:-71G.9777 FAX (9~lJ W()~0429 City o.f TemecuJCI 43200 BL!Siness P:;In( Ori....e T~l'fIecule. C\ 92:';90 Labul' $ 135.00 per hOllr per man :3t ~revalJln9 w~ge r<lt'e A~r hours or weekend~ $ lZ2.86 f:I~r hOur per mi;ln Holiday hours $ 163.82 per hOLJr per man Materiaf$ \5% end m.arl{ up on mau'-rll'll n......,r DLJr vendors wholesille p;Ice. plus tax. (Nare W,<- bw in bulk 011 mOst Items; thet'SfureQur I>ric~s en m03lj::nill, $hoo!d J>.o".ery9oad.) EQuipment No chorge for :t2Il1dard m;.w l'!'lllipnrerrt. (Ex. Tru::!t., hZlnd tQ.)IS, pow~r ::1I9~er, ~\lefdef.) 10% m;;.rl< up on sp@cf::lltVf:'qlJiplTlent (b'. t$()b~ l>';ii1ffold, trench&r. co~drilr.) we ~n pI1JVJc1~Ju:,;I.",lmut i:Il1Y type affeocing thiJlyou Med accept rnQ~OP.ry !;I~kwall. We do an t:/pe5 afvinyl, ornamGlntallron, ~\fDodl ~ilin link, windscreen, "n::l rem.:Jo:",)ry rtl~i:;lntl. Rcp<)ir Is no probr@m. If)'Q.J h8\fl;! A.r'ly "lJ@~<;tion.c; pl~ase calL Scott Noore ~hOne: 1-888-?18-9/11 Cell: ]~'9S1-712-Z7Z1 CI WINOOWSlapsdoclnettempI4672I$ASQpdf846781.doc J/~I) 1/'(11 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and PARK SPECIALTIES, ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the rightto hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Park Specialties P.O. BOX 891833 Temecula CA, 92589 Phone (800) 399-8484 Contact Person, Robert Derieux 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR PARK SPECIAL TIES P.O. BOX 891833 Temecula CA, 92589 (800) 399-8484 FAX (760) 728-1177 Contact Person, Robert Derieux By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\4 752\$ASQpdf846783 .doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment FARK 5FEOA;"TIES ~..RJ( AND F~'" YG"OUN" FROt-t:-;i310NAL5 CA. LiC,~ 702:9fO:z A a Gb I/':';::,~ CG IJ'S.... :wu~~!:i;O-~:;.A :::'1 MOil' 1, ;:lac? :::::lr,yc:f-~"l~:::'lllil t:,",l;'JmLJnr::y:;p'-.I1ce:s D:::"'-,!'t::ment 43~OO CJ~W,~'~5 Pa'l;. r:>'IV~ f!':m...wl<I, C,'!, 'S'2=-::;C ;.>J;.; ~.!!:t; .111..;::1 :...!..rc:.a; :~.c<7I!'"='>t P./Jrk S~Clil'~'Ct> I~ DnC' of th.-.: 1.~r'3~o;.i. fi,o,yg,"'QuM Ir~t."'II;;tl('ltl c::rr p.i'lllce ,n [';:.1U~1~!'n ('"....II~O....la. CU~' TlVC (5;, f!J1. tUll<::1 cr~v" 11'<;,,:.olled ,:,2~ pl(llY<?lt"un"I"', .;:na e-.1:r'.:a <j1:":;:":"~T "II"n !'4:....~~ ~t'lt of :>'<:OIure.;lI~~ ."I"~l! rl!b~r ~lJrfa~t'lI.J",t ~lr n C21if..;r"":1l an;:! t-l~..'t;:la. ;.'.It:. hc;::! :'\1'1 \bi f;lch":ycc"'tI;C>lIr.::Jn. 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BOX 80l18331EM:CuLA, CA. 0l2589-! <133 BOO 30':3..8484 j (7GO) 725.: 101 FIV (7GOj 728-1 'n C\ WINOOWSlapsdoc\nettemp\4752\$ASQpdf846783 doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and ALEXANDER PACIFIC ELECTRICAL CONTRACTORS, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Alexander Pacific Electrical Contractors, Inc. 42274 Rio Nedo, Suite #10 Temecula CA, 92590 Phone (951) 296-5835 Contact Person, David Alexander 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. ////// C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR ALEXANDER PACIFIC 42274 Rio Nedo, Suite # 10 Temecula CA, 92590 (951) 296-5835 Contact Person: David Alexander By: Name: Title: By: Name: Title' (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, and maintenance service upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\3896\$ASQpdf846785 .doc EXHIBIT B LABOR AND EQUIPMENT RATES F'R-.M 11 F"':-:"~ <.rt:r::-;c ;:U~:.~1P.:(; Fm: w,. ~~1':'% SF!:')'; !';:'-"_ 1!:,...W71:.'H;.1R1 1"1 TO> .'TIlaJ!I'~fny .-....: 0Nd~ - og'1-606-fj.1e:3 ~", At1~ ~.,,~I~aJ\{E:r "'" - ... ~'OOI.llI;)lj~1 "'-' [J_~ t:J~-=--_ QPfGoDp~ OPW:wv:~ """"~.~,t..,, HdooT"~ Hcro"'CMornillM..~~fOf"""2OW~~, rr--->~__I'lI'I"*"'::l.""'11- tf)J"'..h.....*'7d1hrrqu=l1on.o,........d<.IUlt~&;:,......... n.....)QOJ. [),wj,JAle.o(lOlMl ~"IR"''''''''',"o.T<II' ...DA92D7ll15t2Q6S63!1/Q1H~IU1II~ CI WINOOWSlapsdoclnettempI38961$ASQpdf846785 doc .=~' QLC'~[.m I'::ClFIC b..i:oC;I<I~; fj)X N"l. 95~:2'::G 50:::0 AI'.' .16 <!::1<f' L~~:.lJt'- 1-.. 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Jm.m'!l~'m= ,.lpp..enril:~ JnW1;le).DIoII.D i\.W~ S-Ur<:rhouI $j.;p;:r.....llIT 'SJl2,j{Jp...lwtI/ $IH.st1pt:TJ,.,.,., 'll1~O{'O l'UMc.r $l1Q,OOpe:thoor Mm:li~w: C()6t+ 3l%(QH.iu=.l...::i1...."I1l) ~li.;,ulwdS"'t1rl~""'P.nri'J~ ~~S,OOp.;rbctrr c...1;r..dI:"t'I~-'~li1:ls:: (O,1Et llnih'bk <:In}'l:'l JI",Ira.~iJ.:) l"rujt!('[.-Qu0lt!'A'\'J1j]'dI18up;ril~qnes~ ......~~l:i', . '-.... , - ~. ., c=t: !l ~,- .~ ' .~ -oa'vltl~\o.';, _j 0:,: II,. (- 7 ATCOWId:.TI'~..:; Eb."tlic",l C.::-.tr".lI1..... k, 4W4ltio Ntdo. Suit-;: #10 .1'-'1~1d;., GA 925-90. ,:iI.,29I5.:1-R.,S flR'lQa' 9:51 ,2i)li~11i: f~.... L.i&"~ 4;kjLtiQ CI WINOOWSlapsdoclnettempI38961$ASQpdf846785 doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and NPG, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the rightto hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: ////// C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: NPG, INC. 1354 Jet Way Perris, CA 92572 Phone (951) 940-0200 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR NPG, INC. 1354 Jet Way Perris, CA 92572 (951) 940-0200 FAX (951) 940-9192 Contact Person Jeff S. Nelson By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\2404\$ASQpdf846786 .doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment B<!IHIJ'C'C"? A";:~t 'If l ':l<l1'1,!~~ t>I-l;j ,f.Ul",!"..." r.:.:r flVfl'l. NPG Corporation 'Po)~1 Ofli.....,BC1( 151~ T'<::-ri~,Ca:i~ n:.:':z ~.H-940-02QColfJ.<:t !;;'i1-9.oKl-YH12ta..""; LETTER OF TRA "'SMI'ITAL .uATll; _<l_J.'1,.it19._^,OO1 TO: Ci~ 1)/-r...m;!<l;l.ll:i rnO;oiI. fR m.m+60H4 SUBJECT, Rcnw R!lC SJ:lOCt NI'GJOB~: OJCO ATI'N: '~}'. FAX 1/';. 951.~fkjltJ ~A(~J-..~l _. \\."....",<e.:odiD.lly.;>u: ~l~".,J~ = !=~...:'t:ll'''wi;:J;;:; .::J'rtr,I:I: c o.'1q,~rJ'<lb<- r; O;:Ur$o:i:! o <,'b~ ~~~ nplIri..n.& D ';.ro:'~i1il:.",:~", :::S~l....-nlh.,...._._....... L]s:.m,...'!!!.. "LA: 0"", Ulo,I"x(I);,)' ~].t::r.&:t;:u.e:t'r ~U(:oI;:.dcr.o.BUk.TJp CPi,'~T"f1 DOllC/..... "". 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In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the rightto hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Imperial Paving Co., Inc. 13555 E.lmperial Hwy Whittier CA, 90605 Phone (526) 944-0975 Contact Person, Fritz Coy 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Imperial Paving Co., Inc. 13555 E.lmperial Hwy Whittier CA, 90605 Phone (526) 944-0975 Contact Person, Fritz Coy By: Name: Title' By: Name: Title' (Two Signatures Required for Corporations) EXHIBIT A C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance service and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\5972\$ASQpdf846787 .doc EXHIBIT B LABOR AND EQUIPMENT RATES t :i1y OfTcmOOllrt Cm.fMUNTIY SJ:::RVICI::S DrPARTMDIT rOIkis:90:>) TCl~Ia,.Cll-)25Xl).J)OJ,:; J~rry "'~owili. In~nl f'a,,'ing C.....mpany lnc_apprcciatcs tt-c oppOl'tnuit}'to :>ublUit l\ Time 11M 1{,"l'lcrjal!"tesh..>t>t. rk,l~t> ~l fr.,e 10 Cidl we- pt:r.::iLlmlll)- if ~'oufu"l'.'I~ ll1lY qut:.~f.i(ml':_ :s.iJlce.I'e-I}". ~ fril.tCo)' V.P.Saks (56:2) 9~4-0!'i5 . (7H) 52:i..un . (80G) (,J4-3')13 . Fax (,j.":l.l<)44-O'>84 , :i.'i.r:;':i I::. Inlpcl'iJ.1 11'.\',.", vo./hinier, [ali((mli.'l ~)O(,OS CI WINOOWSlapsdoclnettempI5972I$ASQpdf846787 doc C11yotl~rno!':CIJI~ CONll.ttlJl\lh' SFRVICF.S QFPAIlTMENT p.e.['.o)l~(lli Tel"f\~Gul(J.G/'\Y2jth' 9ryJ:j Atln;JElZYr:.ANI<;OMKI r<:1!!:r.m",('In(l;y.(')I",('OI~I~t LAlOR BIl!.AK"OOWN A:lww $ ~5,OO fOr Hcur O"".:rtimo:; ;'h limr;t (A.ftilf" Bm/~clurdc"y1) ~ B2-50 Per HO\Jr D::>ubla Trrne 2 Tirr~ ($;.mdcyJHoli:::loy;1 $ li()[)() Par HOI)r eQUII"MEN'f'llUAK'DOwN foon "mINeIUDE LAl!;O~l tlot...,,,,:i jn,'G~ 'Mtl1l;r~ml)re~'or Mf)unf $ '" 00 rcro.;Jv flob:~i!Tr"c"'iI- II "(C1r:1~ ~ ::11:'.00 I'e-n<.lv Cor..:refe Ratbed in.'C~ $ ~W,r..'Q l'enJoY DUlfl~ Two:;l<: & Pup ~roil(3r $ ~O.r.O 1'~f.)(lY ArC::or:lpr~so' I I,~O.uo l'efUllY wctarrl'1.X:"l:. $ V5.UD ;>aDoy Rctbed 1ruck. with 3 - ~ lor.,<; RGllflrCombo (Mlnlfl'llJld $ ~O5.00 ?-srDoy Dump Tructvmh Skiplan(lw... 'Irollel' Combo $ :i05.00 ParOoy :J -1:<'100 Roller including TrClilf'l" $ 250.oj Fer:l-cr J.. 5 TQfl RollGr Inc:tJding 1rai'er $ 2..5..00 POIOoy F..~P')l MI'Jct lir'.<,.' /\,linimum ChOls:;Je ~ ;5:.1.00 rc'ouy ,,>nQclJt....r.tnf!l.k:;kt;1 $ m,L~) r~Duy 3obcot"Wfti1 G-indAr ; r,[:().\Xl t'wfl<:Jy ....TCW ~~d wiTh Tn'G~ $ ".:;.a,CO t'efl)Cy S,lANOIIIll SET ft:OMMON 11:1:!1"A.J1it c:1t!Wl FnI.fMOI'lCfI:!W S"lpk~a(i-er D.Jml1ll\.'C'( 3-.5TonRollef" ',=kJlb6d '.....i?h C-;)mJYe~(Ir 6. Tool~ ; 3,,00.00 PerDa>J lclls Ihune hr.:;. (~tT minlm;lm~ $ UOO_(IQ PEI"Dc'~ .MAlARIAU A~phnlt $ &>.00 1'<..'1'I'<.I1l A~l1h::)l~ i'lo(J1 O;'>Cflir\g on ~("J'u'doYlP $ 1..5CO.OJ IIrHe 1~r.X::.. Clus~ II $ 1B.00 Per To" Tod:Mrlt~c( ; <IX! PElrCol Conc;re~e , 6~,C(1 Min.!:.o=l C<;;ncrOtecrlt8!4Yo::n:1$ $ I.')Q,()[) rr:;: ':'un:: - (:.b:l) 1J44-09iS . (714~ 'ji23.4492 . (000) f.:t4.:1913 . f.u (5(,2) ~N4-I)9B4 13555 L Imfl(~rlal H~''Y', Whilli.:-r: C..lriumi;; 90603 CI WINOOWSlapsdoclnettempI5972I$ASQpdf846787 doc NOIt-: _~UH.Jt-CI I~) M"'.!~I(I^I. "'V."U.^HIi..II':' AI'mOIL 'IUCIJAIIOI'C:. N(n:;; ,Mf>i'-OIIAI P.......It4:"; PIo1()VI()F::; THF H')II n.....IN(.; $H!VI(~t'S; FXCAVAJlON. (.;~AI~!N(i.. f'AVIN(;, CONCII'P.F,.~F...I (':OATlNG ANI) Slldf'IN':.~. CI WINOOWSlapsdoclnettempI5972I$ASQpdf846787 doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and STRONG'S PAINTING ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance and maintenance work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equityor under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Strong's Painting 31265 Saddleback Lane Menifee, CA 92584 Phone (951) 679-4554 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, 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. 27. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authorityto execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR STRONG'S PAINTING 31265 Saddleback Lane Menifee, CA 92584 (951) 679-4554 Contact person Gary Strong By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\2096\$ASQpdf846788 .doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment . J.l~.'r4:{i.ijil7~ (9SJ l 679-4554 STRONG~S PAJ~.TL'\G 31265 SMlDLEBACK L\NE )l..U:t;NTtl!;l.~, (;A 1J2~4 F~(~1)679-455~~~1 A)nil 5.1007 City ofT~m.ecola 1'.0. Box 9033 TcmcoCtdd, Cw. 92589-9033 Alto: Jerz:.' Kautgtlwski .l{c: Time anlll'rlaterjal Sht'et Strong'l'l P.lI[a(jog ha~ beoen in bosjness fur 31) yeal':!il :DlId i~ f:D.mily c:rw(tc:t1 and uperated. W~ tIlpcclA.lizc hI Ih~ri(lr/(3,tel"iQr (J;tiDtia~, small drywnll reJl9.ir~ tedurinR. ~tucoo npa:ir, Ilower wasbhlg, wallpAper I'(;mO'V./d and hogiDg and light nL:D.intCllIUI4'C ,vl)("k, We currently CDIT)' D. \',000.000.00 J}Cr l)C(::ILf~DCt' policy naming the Oty l)rT\"mlK'ula as au additiolll1] iD~urcd and wiD s..nLlupon nqnert. . We are Alt;;O mcroboen orAtbe Better BUBin-rss RurcalL SInd bollIa state t:(IDtJ'act()rsli~n!l.e. HmlJ1y J"tltr: S4l'l.M 'Per hour HoUtlay and weekend rate: SSS.OO per bour 1\.la;rL.. lip on parts, nlo.tcri.u.llj and equipment ~ not mol'"(:< than 12 % Thank you, Gary StnJ.og Sh.(Jl)~'~ Painting CI WINOOWSlapsdoclnettempI20961$ASQpdf846788 doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and CRAFTSMEN PLUMBING HEATING AND COOLING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance and maintenance work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Craftsmen Plumbing Heating and Cooling 39525 Calle Portillo Temecula CA, 92592 Phone (951) 676-6838 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR CRAFTSMEN PLUMBING HEATING AND COOLING 39525 Calle Portillo Temecula CA, 92592 (951) 676-6838 Contact Person Dan C. McKee By: Name: Title' By: Name: Title: (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\5168\$ASQpdf846789 .doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment ""1" .1<. "....? .., ,'" F"'" r:,'"".#,~",,,, F"I.... .. ,.,,,,,,,.: ..."', To=.T ,::>~'"' ~ cl""""~o...Jzn" 'I". 39525 Calle Portillo Temec.ul. CA 92592 ~". 95T~7M>8~8 cf... 951-767.TIl9~ o.~ UUJ7~6 City "fTmecul<\ Jer.zy Kunigowski - Fai:i. Man. Cot.m.linaro:r P,O. !lox 9033 Teme..::tiJl\ CA 92$89 lJearJ~. Per your N:quest, the ioJlowlng am O\.IT ratcs for plumblns iU:ld: HV AC gerviceJI; ISS.OOJhr-tlmmm $~O.otl/hr '.se<:oM rnAA 50%J1\ilIkupOflmBteHafs Em-ergcncy ~~rvloo rntef m: $1l8.00ihr - fjr~ man S7S,OWhr-..<<:.;;:tmd man Om- regular busine'3!1 hours are Mor"dayUrrollgh Friday lIam to :5p.o1. ^, you t:8n 5et, Ollt tatt-s M'v.e not Cltlinged lIlrn:e we began do1tlg busines~ with you in 2M:'i. We have cnjO)"ed tm:I l'pJII'OCiar.ed the rdlrth:mship and hot*" tv take CAre of all Of)'OUI needs in me ful.in'e. ..:ln~ly. ,-*)71~ KHI~' McK~e SeenMIy CI WINOOWSlapsdoclnettempl51681$ASQpdf846789 doc 1'-.,,1 CITY OF TEMECULA TEMECULA COMMUNITY SERVICRS DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ('City") and POWER DISTRIBUTORS INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equityor under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Power Distributors Inc... 15245 E Proctor Ave City of Industry, CA 91745 Phone (626) 855-2580 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, 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. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR POWER DISTRIBUTORS INC. 15245 E Proctor Ave City of Industry CA 91745 Phone (626) 855-2580 Contact Person Barry A. LeFave By: Name: Title: By: Name: Title' (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ('Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C\ WI N DOWS\apsdoc\nettemp\4632\$ASQpdf846790 .doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment ',:.ir. I:' ,lOr.; Wf OJ~~ll I'M r:I.,:::R YSTP.I3U:O:;:3 Hlt ~n. : F:26';5S2fia~ F )1 ~wer l~~~r:iR~!?.r"s: 1 PANAFAX TRANSMITTAL fAxNUJ.tBE"': PHONE NUMI3-ER (ti26ja5S-}58~ (625)2SS-;25eO OATEI TO: P"ROM; ."oloDril 16. 2C10i 'I"....." Banv A. L9F~ve REG^R:OI~G, F-'ri"ic{I o FQ~ VDURCOIlolMEN"I~ g ,u YOLl f;:I'QL:'J!:liIl'l;;l,l o PL~GAU.M.EhOOUlTHI5 D ASWE:DISCUSS::'1'l Nu~eER OF PAGE'3 LNCLUOINGn1IS OOWR8.HEtrr: , M~S.A()E: IliTIl"ri.l, r'l!.ot1e.. n~'1l U\9t'l.'.(,lI'ara ft.l Iln. ,,' 1rkt11>T ..nd w:tu,iu, lil:lh'i;(l n\;lrnt>;on/l!'1<:<: =r."",,,c,. 1-I.......,ito:-:-..-.tt1AV. Eiotr'v "lO'TI!; I;JtYOlll)11] NOT F"'C~ALL TtU; P....Cffi"M IFYOU HA....E ^"''t QULS'lIQNS, M.'EA5E CALL nu PttQNE N...rlla~ IJSTlDAOOVE. CI WINOOWSlapsdoclnettempl46321$ASQpdf846790doc ~PI1-Hi"?()7 IiO~1 01:39 PH PO:Jl::k IJ)S":kLBII'I'DRS wer . stributors Ir>.ICO.APOhAT&:;P ",~riI16.2007 . LABOR RATES Interior Lighting/Sel\lice Teell. Ladder True',;: up to 50' Crane up to 65' Crana up to 90' L' Electrician Fuel Charge ?(I^ NO. 1~2e.S~52689 IS2l'i F,. rt~ll)T Ava J C':;1}' ')!u~ll1t<tr:~ CA. >l17.1.5 626.8S'S"-2S80 ~2li-S5.:'i-;!.51!i9 I:I); l'~r!J'l@rv.-rJj~t-tanl S4S.00/HoLlr $60,QOIHou, $.,O.OO/Hour $90.00IHour $60.00/Hcl.lr $15.00/Trip . ~ Any Iightinl;1 C'lbove (h& 90wfoot level jn~luding rt'ach, price will be negotiated at that time. . All holiday, weekend. and O~f:lrtilHe is hourly time~ 1.5 . All travel is. d'larged as hourly, includlng overtime. 1l"\O~lM'~,,1;3~U(.,J.,A,DOR Il.\ T./iS T;:o;:u:cl"d:a :.IOU-I..:L;K CI WINOOWSlapsdoclnettempl46321$ASQpdf846790doc 1'.32 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ("City") and MONTELEONE CONTRACTOR'S, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the rightto hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "8", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway affect C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Monteleone Contractor's, Inc. 25225 Wolcott Ct. Wildomar, CA 92595 Phone (951) 538-6537 Contact Person: Alexandra Monteleone 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MONTELEONE CONTRACTORS, INC. 25225 Wolcott Ct. Wildomar, CA 92595 Phone (951) 538-6537 Contact Person: Alexandra Monteleone By: Name: Title' By: Name: Title: (Two Signatures Required for Corporations) C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C:\\VINDOWS\apsdoclnettemp\4884\$AS(,!pdf846791.doc EXHIBIT B LABOR AND EQUIPMENT RATES I,r:o, 1~ 0710:'0;;." R"..... ',knt<>""'-., '&G1'13C"-1'1~ ~rON1'ELRONE Co l\,"" RA(';'.' OR' So J ~ C, ., 4. :.l ~.2::: 5 "'.':' r ,; (~'I' T. -: '1'. '" .. I. l') -:.I .'Ii .~ T.. (;,~ , ~ , ~ _. .\ I' S II" " ~ S I' I,J :l 1>-.' T!. (';; r 1 r. T ~ II:;~' ~ J" :\ l{, (!>;'.~ J r. 4 ' 1 .! (0 '!I :;1,;1.1.. (53~dH'i] ~~.~ F"A.CnMn:.l; -.'tlA"".....atT,u. HHH".r :'(" '.'''1.> _'i.b,.lJdJ.::a),{"ntcitt'llC 'j"'~':'I _:"""">1,, -~:i'}'"'~:T'.'1IlI:r"l~ '--~ - -...- "'."". 5-[42f1r.'7 . "'>"~,r~""", ---.... -II"'., F.:.Ul".M;.':!)"(...."JI"':;._..u:,:~ ~~I_~\IG_':'l('~ . ---.- _""'''-i''. ."'.m~.....-:">I'~-'O".,..--- i'" 'l.ir.-u.:.wd<<)\\:p"''''''',;hc.:( -"''''t:i''r~'.~!'<..t:J.f'~'''o;~, Olf":,,.,::~'I' "'.(!J;.~,l\',,;<<-. Dyu-:.\!:F ':'-'XI\:t:'>:,' D:>I.r.'_~I;':P;"J..' C.\WINDOWSlap,doclnettemp\4884\$ASQpdf346791.doc " .','So/ '~ ';)7 1:i:1(1!\ ~~<iI1 r....orWoi!CIle. MUl1Lr;looJ1:9 .~:'.:cu\o'aljng 2.':2/.5 ,\\.'oJc,ou CT Wildomar, CA 92595 24 hour Dae-er f9511 G94 -7028 ~fo",,"l; ::01-'\=l-~ p.? ()m~~; (951) 677-tl3t1~ Ct:L1: (9:5 1) .'i3g~65J 7 ['ux: (951) Jo-1.-1469 (:.mIiDl1'lcm:. Ouel'ated &.. Fuel Tj!2J.,c.~d eQUitlm<:Dt rate Iv,r 2907 _ 2110R R;ite Fer Ho!!!:- SullJrday/-t'l'l Hr~. {Rcp,u];lr Rut:) t"J'<< HoW" O...,trlim~J '. <150 D~t..tr ~ USAf} D(,l.Gl" 0$1"..00 D('H S1~Ou I)(,n. XL W-~I...pol': $145.041 82.4"[llXUl' :I'lGo..iJO DSKllo!e"l- ~JtlllJlU D8l\1Jonlt' Sl1xs.uO 001{ Dnnr :iiUI,=;.IH,l DID 1~I~oi!r 5ZH.....) h9H D'll"'!;" S22S.00 ~5U EXC3V.lto'Jr 12ll1l.00 40iJJ:xu~..fw. SIIl3_00 15.0 EXC:r.\3l(lr U b3.o~ 22iJl!.n=.....wr $ld~.O{J 4%&o:ldll)l.\ S121.00 3CJ :\-IF.;;kipIMOWft" 5:1'_';0 of.5(t C J ,<lJldcr :ti1li5.00 !I'5(f I,rrad~x :iH,5.no 971 Lnoado:r- ~181}..l10 97JTI'2ek w$l<J...r S175..00 963 .1'ra~:t I..~dc:.. $165.nO 11. (; MOCur G'mder SB.~.I)O 140 I'I'Jfl,I"..gr..chr ~14!'Ul1') '23 &I'.lp...r ,s1r,SJl(J SiD Sel"'3fl~r :lriIJ{lJlO 6B ~c""'I'''l" ~1~t5.1)j) -.57 P,u"'h Pull Sl'85.{I.O 6J'!Fl'I1:!I.J)'ulJ ~"'~O (~:1 P'l~,b pull tlC7Tl",er ~2KOO II) V.1H-cllnmILI.Tllp $'?S.Vtl Ht-Shh: Sc...t 595.00 ~,('J{JO Gum Trj{ck. S85,00 Z..o;OOG:d W-T....,,1c $1%.OrJo ...xc. OIJ-lund dm~pl'rud.. ~1~.OiJ 26 \\'b~JLQQ'herJTrudi: SIIO.Gu C.\WINDOWSlap,doclnettemp\4884\$ASQpdf346791.doc SMll.";" $)1:,\,:;;0 .sL~{I.5V $1(06.54) 511S.50 15195.50 $200<5tJ .'1"100:511 S%Ml.5[1 SUO.5U U~:i.511 5I.!.'l!I.5:1} SUUI.Sll ~U;.ij,SO :s.l~<J.SO :laO]..!.:! :nSU,50 SUHl.311 Si!:'5.51J 'ii1911.,SO $.18&511 :S15D.~ ~H"13(1 Hlj().511 SlS5.~ 5J50flO $.;oO~O S:ZM.~O .";2~1)$0 $U1.00 Sll1.5G ,~1.01),,:::U $8l}.50 $1 "().:'iO .~1.l5.50 !!oJ"]lly/S'.U".dll.~ (O'1I::r~;m:::n{l1<l) SJ!'i6.ftO U9J.()(l .'U(oti.,Ol) .':17(i.()~ $1?J..t)f} :\.21J.OU 5216.00 UI6.00 'J;n(i.ijU ~"'6.00 $.11t.00 52141,(10 .'$1%.011 S176.011 ~1:5].lJO SU~.5U ;51%.OU $1'1Il.[lu $21U!U 'j,Z(I(i.CfU ~1.9O:,{I.;j 516(..UII 5116"..S1l $1%.1111 SI7LflO 31166.00 S;!:J~.1I0 <W6.oo li2Wi..OI) :\:11'.50 jl:!:,;..O(l S116.0o $'Jl>.!.)11 $1':16.00 U4Ull.l ;.,1::>:( 1!'i 117 Ie.::;;" R~'::o'" t.l<':"IO",",",," ~b1):.lC"'-1"6;j F....-(:m.1I ~(,6"O(> $81.~O :li97.t1U r.i:t"k-Lp S4~OO SU.(tO ~"of,.tJ(J Crade f:ho1:<:t"f'r &;4.00 ~".sU ~Ji:5.()fl Lal:>",'el' S46.i.~1 S.ft,].:;,O .}77.00 ""NOHo~l,j(TJ,e W"~OIlI &!gin Afh:r 3:'U P,,,"I. WilL A 6:01' A.M. "ilnu1.i~ l'inlilo. Rate lI'w!l11J~ytlJlIl8 hnu1'8 (loll wrrLL.}'Jllffid ;lUltl)lIn IJII Saturday..AJJ~ ....N). .........rl~ will", llwkr ZIlIH pr~mDg "'-l4,"C r:atsoo;, C.\WINDOWSlap,doclnettemp\4884\$ASQpdf346791.doc ,,' ""' CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2007 -2008 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 12, 2007 by and between the Temecula Community Services District, ("City") and TIGER EQUIPMENT COMPANY, INC. ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the rightto hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1,2007 and shall terminate as of June 30, 2008 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall C\ WI N DOWS\apsdoc\nettemp\5256\$ASQpdf846792 .doc constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the LaborCode. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. I n the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. C\ WI N DOWS\apsdoc\nettemp\5256\$ASQpdf846792 .doc 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers C\ WI N DOWS\apsdoc\nettemp\5256\$ASQpdf846792 .doc shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway affect C\ WI N DOWS\apsdoc\nettemp\5256\$ASQpdf846792 .doc the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C\ WI N DOWS\apsdoc\nettemp\5256\$ASQpdf846792 .doc To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Tiger Equipment Company Inc. 35701 Avenida La Cresta Murrieta, CA 92562 Phone (909) 215-0598 Contact Person: Mark Lacy 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C\ WI N DOWS\apsdoc\nettemp\5256\$ASQpdf846792 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Tiger Equipment Company Inc. 35701 Avenida La Cresta Murrieta, CA 92562 Phone (909) 215-0598 Contact Person: Mark Lacy By: Name: Title: By: Name: Title' (Two Signatures Required for Corporations) C\ WI N DOWS\apsdoc\nettemp\5256\$ASQpdf846792 .doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. 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ITEM NO. 29 I I Approvals City Attorney Director of Finance City Manager ~ iJiL au...- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 12,2007 SUBJECT: Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year 2007-2008 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2007 -2008 2. Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING CERTAIN TRACTS INTO SERVICE LEVEL C BEGINNING FISCAL YEAR 2007 -2008 BACKGROUND: Prior to the beginning of each new fiscal year, applications are reviewed regarding the acceptance of additional subdivisions into existing TCSD maintenance programs such as residential street lighting and perimeter landscaping and slope maintenance areas. Energy costs for residential street lighting is provided through Service Level B and perimeter landscaping and slope maintenance areas are maintained through Service Level C. Nineteen (19) tracts within the City boundaries and 1,120 residential parcels within those tracts will be levied within the Service Level B Rates and Charges at $25.68 per parcel. The following tracts have completed the necessary Proposition 218 proceedings for the inclusion into TCSD maintenance program, Service Level B beginning Fiscal Year 2007-2008: Tract MaD Number Total No. of Units Tract No. 31344-00 Gallery Portraits Sub-Total 10 10 Tract No. 32104-00 Tract No. 32436-00 Tract No. 32436-01 Tract No. 32437-00 Tract No. 32437-01 Tract No. 32437-02 Tract No. 32437-03 Tract No. 32104-00 Harveston Sub-Total 53 29 47 63 60 70 49 64 435 Tract No. 30264-02 Tract No. 30264-04 Tract No. 30264-06 Tract No. 30264-07 Tract No. 30264-08 Tract No. 30264-10 Tract No. 30264-12 Tract No. 30264-13 Tract No. 33124-00 Tract No. 33125-00 Wolf Creek Sub-Total 68 50 60 88 65 62 14 52 77 139 675 Thirty three (33) tracts within the City boundary and 1,927 residential parcels within those tracts will be levied into Service Level C for perimeter landscaping and slope maintenance programs. The following tracts have completed the necessary Proposition 218 proceedings for the inclusion into TCSD maintenance program, Service Level C beginning Fiscal Year 2007-2008: TRACT/MAP NUMBER RATE/RATE LEVEL Wolf Creek $129/0' Harveston (Tracts 34698 & 32104) $100/C-10 Gallery/Portraits (Tract 31344) $ 328/C 13 TOTAL NO. OF UNITS 1800 117 10 Wolf Creek Tracts include: 29798-00 through 29798-10; 30264-00 through 30264-15; 33124, 33125 and 31898 FISCAL IMPACT: Acceptance of the aforementioned tracts and the parcels within those tracts into the appropriate service levels has been incorporated into the TCSD budgets for Service Level Band C for Fiscal Year 2007-2008. ATTACHMENTS: 1. 2. Resolution to accept Certain Tracts into Service Level B. Resolution to accept Certain Tracts into Service Level C. RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2007-2008. THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS: Section 1. The Board of Directors does hereby find and determine as follows: A. The Temecula Community Services District has assumed costs associated with energizing the street lighting within the following residential Tract Map Nos.: TRACT/MAP NUMBER TOTAL NO. OF UNITS Tract No. 31344-00 Gallery Portraits Sub-Total 10 10 Tract No. 32104-00 Tract No. 32436-00 Tract No. 32436-01 Tract No. 32437-00 Tract No. 32437-01 Tract No. 32437-02 Tract No. 32437-03 Tract No. 32104-00 Harveston Sub-Total 53 29 47 63 60 70 49 64 435 Tract No. 30264-02 Tract No. 30264-04 Tract No. 30264-06 Tract No. 30264-07 Tract No. 30264-08 Tract No. 30264-10 Tract No. 30264-12 Tract No. 30264-13 Tract No. 33124-00 Tract No. 33125-00 Wolf Creek Sub-Total 68 50 60 88 65 62 14 52 77 139 675 TOTAL NEW PARCELS 1,120 B. The Temecula Community Services District is currently providing residential street lighting services within these subdivisions through Service Level B; and C. The Temecula Community Services District is the authorized legislative body to accept the responsibility of energizing residential streetlights within the City of Temecula. Section 2. The Board of Directors of the Temecula Community Services District hereby accepts the aforementioned residential tracts into the Service Level B rate level for residential street lighting services beginning fiscal Year 2007-2008. Section 3. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City ofTemecula this 12th day of June, 2007. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 12th day of June ,2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING CERTAIN TRACTS INTO SERVICE LEVEL C BEGINNING FISCAL YEAR 2007-2008. THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS: Section 1. The Board of Directors does hereby find and determine as follows: A. As a result of the passing of a property owner election for the following tract maps, the property owners have requested that the Temecula Community Services District (TCSD) assume maintenance of the landscaping along the perimeter of their developments. Tract MaD Number Total No. of Units Rate Wolf Creek* 1,800 $129 Po rtra its / 31344 10 $328 Harveston / 34698 & 32104 117 $100 *Wolf Creek includes Tract Nos.: 29798-00 through 29798-10; 30264-00 through 30264-15; 33124; 33125 and 31898. B. The actual parcel charges for perimeter landscaping and slope maintenance services pursuant to Proposition 218, were established by the majority of the property owners of the various tracts. C. The TCSD is the existing authorized legislative body authorized to provide maintenance of perimeter slope and landscape areas within the aforementioned developments. Section 2. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City ofTemecula this 12th day of June, 2007. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 12th day of June ,2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary ITEM NO. 30 Approvals City Attorney Director of Finance City Manager V /1/2 ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 12,2007 SUBJECT: Third Amendment to the Heating and Air Conditioning Service Agreement with Southcoast Heating and Air Conditioning for Fiscal Year 2007 - 2008 PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the Third Amendment with Southcoast Heating and Air Conditioning for $45,000.00, to provide Heating and Air Conditioning Maintenance Services and extend the Agreement to June 30, 2008. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for HV AC Preventative Maintenance and Repair on April 9, 2004. The TCSDreceive d five (5) proposals. Southcoast Heating and Air Conditioning was determined to be the lowest qualified vendor for the required service. A one (1) year Contract with the option of three (3) one-year extensions was awarded to Southcoast Heating and Air Conditioning effective July 1, 2004 thru June 30, 2005 in the amount of $65,000.00. Based on Staff recommendation the Board of Directors approved the First Amendment on June14, 2005 which authorized the first one year extension in the amount of $35,000.00. The Second Amendment was approved on July 25, 2006 in the amount of $40,000.00. The Third Amendment is now requested to authorize the final one (1) year extension, as permitted per the original contract. The cost to provide heating and air conditioning maintenance services for fiscal year 2007-2008 is $25,820.00. An estimated $19,180.00 is being requested for repairs and additional supplemental services. The current contract is for $140,000.00, the additional amount of service will increase the total contract amount to $185,000.00 FISCAL IMPACT: Sufficient funds are available in the current budget and are also programmed in the FY 2007-2008 Annual Operating Budget in the following accounts: 190-181, 190-182,190-184,190-185,190-188, 190-189, 197-180, 001-164,001-171 ,340-701,and340-702. ATTACHMENTS: 1) Amendment No 3. THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND SOUTHCOAST HEATING AND AIR CONDITIONING THIS THIRD AMENDMENT is made and entered into as of June 12, 2007 by and between the Temecula Community Services District, a municipal corporation ("City") and Southcoast Heating and Air Conditioning ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 8, 2004 the City and Southcoast Heating and Air Conditioning, entered into an agreement entitled "City of Temecula Agreement for Heating and Air Conditioning Maintenance Services" (Agreement) in the amount of $65,000.00. B. The original Agreement was amended on June 14, 2005 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $35,000.00. C. The second amendment was approved on July 25,2006 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $40,000.00 D. The parties now desire to increase the payment of the Agreement in the amount of $45,000.00 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Forty Five Thousand Dollars and No Cents ($45,000.00) for heating and air conditioning services, inspection, repair and installation, for a total contract amount of One Hundred Eighty Five Thousand Dollars and No Cents ($185,000.00) for the term of the Agreement, unless additional payment is approved as provided in this Agreement." 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C\ WI N DOWS\apsdoc\nettemp\5644\$ASQpdf844640 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney Southcoast Heating and Air Conditioning Contact Person: Gary Brown BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C\ WI N DOWS\apsdoc\nettemp\5644\$ASQpdf844640 .doc EXHIBIT "B" PRICING SHEET HVAC PREVENTIVE MAINTENANCE PAYMENT RATES AND SCHEDULE DESCRIPTION PRICE PER PRICE PER YEAR QUARTER I CITY HALL HVAC $1,370 $5.480 I MAINTENANCE FACILITY HVAC $190 $760 I COMMUNITY RECREATION CENTER HVAC $800 $3,200 TEMECULA COMMUNITY CENTER HVAC $120 $480 I MARY PHILLIPS SENIOR CENTER HVAC $190 $760 I TEMECULA VALLEY MUSEUM HVAC $90 $360 CHAPELOFMEMO~ESHVAC $95 $380 I TEMECULA CHILDREN'S MUSEUM HVAC $150 $600 I FIRE STATION 84 HVAC $165 $660 I FIRE STATION 73 HVAC $145 $580 I HARVESTON COMMUNITY PARK HVAC $130 $520 I OLD TOWN COMMUNITY THEATER HVAC $835 $3,340 TEMECULA PUBLIC LIBRARY HVAC $1,920 $7,680 PATRICIA H. BIRDSALL SPORT PARK HVAC $160 $640 *FIRE STATION 92 HVAC $95 $380 ANNUAL TOTAL $ 25,820.00 * SUPPLEMENTAL SITES C\ WI N DOWS\apsdoc\nettemp\5644\$ASQpdf844640 .doc AL TERNATE BID ITEMS-For repair or extra work authorized by C'ty MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 30% HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through Friday $75 HOURLY RATE PER OVERTIME MAN HOUR-After-hours, Weekends, Holidays, etc. $112.5 Contractor's Signature C\ WI N DOWS\apsdoc\nettemp\5644\$ASQpdf844640 .doc I~-- . , II ITEM NO. 31 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~r- /112- au.... TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 12,2007 SUBJECT: Agreement with Environmental Cleaninig Solutions & Services, Inc. for Park Restroom and Picnic Shelter Janitorial Maintenance Services. PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the Agreement with Environmental Cleaning Solutions & Services, Inc. in the amount of $70,548.00 plus a 10% contingency in the amount of $7,054.80 for Janitorial Maintenance Services for Fiscal Year 2007- 2008. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Park Restroom and Park Shelter Janitorial Maintenance Services on March 26, 2007. The TCSD received three (3) proposals, which were evaluated to determine the most qualified Vendor to provide janitorial maintenance services. Environmental Cleaning Solutions & Services, Inc. was determined to be the lowest qualified proposal for the required janitorial maintenance services. The contract will provide janitorial maintenance services for park facilities, park restrooms and designated picnic shelters. This contract will also allow for additional supplemental services, such as , providing janitorial services at special events, detailed cleaning of snack bars and kitchens facilities and the possible addition of new sites and new facilities supplemental. FISCAL IMPACT: The cost of the janitorial maintenance services contract is $70,548.00, plus an additional 1 0% contingency of $7,054.80. Sufficientfunds have been included in the Annual Operating Budgets for Fiscal Year 2007-2008 in the followings accounts: 190.180.999.5250, 196.180.999.5250, 190.186.999.5250 and 001.164.603.5250. ATTACHMENTS: 1) Contract R\SIRE REPORTS ET Al\MaintenanceV\genda Report 2007-2008\Agenda Report Envirom Cleaning Parks 07-08.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT MINOR MAINTENANCE AGREEMENT FOR PARK RESTROOM and PICNIC SHELTER MAINTENANCE JANITORIAL SERVICES (Minor Projects) THIS MAINTENANCE CONTRACT, made and entered into as of June 12, 2007, by and between the Temecula Community Services District ("City"), and Environmental Cleaning Solutions & Services, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until June 30, 2008 unless sooner terminated pursuant to the provisions of this Agreement. The District reserves the option to extend the Agreement under the same terms and conditions for three(3) additional one-year terms per the attached pricing schedule in Exhibit B. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. 3. PAYMENT. The District agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms 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 Seventy Seven Thousand Six Hundred Three Dollars and 00 Cents ($77,603.00) for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. 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 non- disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice. 4. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the amount of the Agreement, but in no event shall the total sum of the agreement exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the City Council. 5. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc 6. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the District. f. Verification of Coveraae. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. 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. 21. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 22. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 23. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Environmental Cleaning Solutions & Services, Inc. 23885 Corinth Drive Murrieta, CA 92562 Phone: (951) 677-0192 Contact Person: Fabrice Vuillemey 25. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 26. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 27. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal City court with jurisdiction over the City of Temecula. 28. 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. 29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Environmental Cleaning Solutions & Services, Inc. 23885 Corinth Drive Murrieta, CA 92562 Phone: (951) 677-0192 Contact Person: Fabrice Vuillemey By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc CITY OF TEMECULA PARK RESTROOM JANITORIAL SERVICES SPECIFICATIONS/SCOPE OF WORK EXHIBIT A SCOPE OF WORK * Restrooms are serviced daily, 7 days a week, 365 days a year (including all holidays). * Lock all facilities between 11 :00 PM - 12:00 AM * Clean and stock all facilities between the hours of 11 :OOPM and 6:00AM. * Record and submit daily maintenance activities, vandalism, and graffiti on Restroom Maintenance Checklist (Exhibit D) form to the City's Maintenance Supervisor or other designated person. Keep and provide records as required by City representative. Provide all necessary equipment, tools, chemicals, supplies, etc. necessary to perform specified work. City to provide all paper products and trash containers liners (toilet paper, seat covers, paper towels). Submit request for products weekly. Perform all activities in a safe manner per OSHA's requirements, utilizing all personal safety items required to prevent accidents, illness or injury to maintenance personnel. * * * SPECIFICATIONS FOR CLEANING AND STOCKING FACILITY * Sweep restrooms and remove litter from interior and exterior of building (6' walkway at restroom entrance). Empty interior trash containers and replace liners (washout containers and clean receptacles) . Scrub and sanitize toilets, lavatories and floor/wall areas adjacent and/or below fixtures. Wipe down all fixtures, removing water, dirt, stains and any other incongruous substance. Remove dirt, stains, or other debris on walls, ceilings, and light fixtures. Wash (hose out) floors. Squeegee excess water to floor drains. Remove any paper or other trash accumulated from this procedure. Stock all toilet paper, or other paper products. Fill all dispensers daily. Record on report form any graffiti. Wash floors and walls, using a pressure washer rated at a minimum of 2,200 psi. Use cleaning and disinfectant chemicals to remove odors. Picnic shelters at various parks as indicated in "Pricing Sheet" shall be cleaned Friday and Saturday nights and the following holidays: Memorial Day, Independence Day (July 4th), and Labor Day. Picnic tables and the concrete area under picnic tables will be hosed and washed, trash removed, trash cans emptied at/or near shelter, and any signs or party streamers removed. * * * * ** * * *** **** FREQUENCY: * Items to be performed daily. ** Items to be performed Mondays and Fridays. *** Items to be performed monthly. **** Items to be performed Friday and Saturday and Memorial Day, Independence Day (July 4th), and Labor Day. The specifications are minimum requirements for the maintenance of City restroom facilities. The restrooms shall be maintained in a neat, clean, and sanitary condition on a daily basis. Some situations may require additional work to be performed to insure the health and safety of the public. No additional compensation will be given for such work. No unsafe condition shall be left without notification of City's authorized representative C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc NOTE: EXHIBIT B CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET ADDRESS PRICE PER PRICE PER PARK NAME / RESTROOM LOCATION MONTH YEAR Sam Hicks Monument Park 41970 Moreno Road $188.00 $2,256.00 6th Street Parking Lot Restroom 41952 Sixth Street $188.00 $2,256.00 Pala Community Park 44900 Temecula Lane $188.00 $2,256.00 Ronald Reagan Sports Park (Rancho Vista 30875 Rancho Vista Road $188.00 $2,256.00 field) Skate Park Restroom (At Ronald Reagan 42569 Margarita Road $188.00 $2,256.00 Sports Park) North/South Restroom (At Ronald Reagan 42775 Margarita Road $188.00 $2,256.00 Sports Park) Kent Hintergardt Memorial Park 31465 Via Cordoba $188.00 $2,256.00 Paloma Del Sol Park 32099 De Portola Road $188.00 $2,256.00 Harveston Lake Park (Boat House Restroom) 40233 Village Road $188.00 $2,256.00 Harveston Lake Park (Tot Lot Restroom) 40233 Village Road $188.00 $2,256.00 Temeku Hills Park (Playground Restroom) 31367 La Serena $188.00 $2,256.00 Temeku Hills Park (Snack Bar Restroom) 31367 La Serena $188.00 $2,256.00 Temecula Duck Pond 28250 Ynez Road $188.00 $2,256.00 Winchester Creek Park 39950 Margarita Road $188.00 $2,256.00 Margarita Community Park 29119 Margarita Road $188.00 $2,256.00 Meadows Park 43110 Meadows Parkway $188.00 $2,256.00 Pauba Ridge Park 33405 Pauba Road $188.00 $2,256.00 Crowne Hill Park 33203 Old Kent Road $188.00 $2,256.00 Temecula Elementary School Pool Restroom 41951 Moraga Road $188.00 $2,256.00 Temecula Valley High School (Adjacent to 31555 Rancho Vista Road $188.00 $2,256.00 Football Stadium) C:\WI N DOWSlapsdoc\nettemp\2404 \$ASQpdf846968. doc EXHIBIT B CONTINUED Harveston Community Park (Community 28582 Harveston Drive $188.00 $2,256.00 Room) Harveston Community Park (Snack Bar) 28582 Harveston Drive $188.00 $2,256.00 Patricia H. Birdsall Sport Park (Snack Bar 31621 Deer Hollow $188.00 $2,256.00 Restroom) Patricia H. Birdsall Sport Park (Play Ground 31621 Deer Hollow $188.00 $2,256.00 Restroom) Wolf Creek Park * 45898 Wolf Creek Drive North $188.00 $2,256.00 SUBTOTAL A $4,700 $56,400 * SUPPLEMENTAL SITES Contractor's Signature C:\WI N DOWSlapsdoc\nettemp\2404 \$ASQpdf846968. doc EXHIBIT B CONTINUED ADDRESS PRICE PRICE GAZEBO/PICNIC SHELTER PER PER MAINTENANCE MONTH YEAR Sam Hicks Monument Park (1 Shelter) 41970 Moreno Road $25.00 $300.00 Harveston Community Park (priced as three 28582 Harveston Drive $70.00 $840.00 shelters) Harveston Lake Tot Lot (priced as two shelters) 40233 Village Road $50.00 $600.00 Harveston Lake Wedding Gazebo (1shelter) 40233 Village Road $25.00 $300.00 Winchester Creek Park (2 Shelters) 39950 Margarita Road $50.00 $600.00 Rancho California Sports Park (1 Shelter) 41569 Margarita Road $25.00 $300.00 Meadows Park (2 Shelters) 43110 Meadows Parkway $50.00 $600.00 Pauba Ridge Park (2 Shelters) 33405 Pauba Road $50.00 $600.00 Crown Hill Park (1 Shelter) 33203 Old Kent Road $25.00 $300.00 Pala Community Park (3 Shelters) 44900 Temecula Lane $70.00 $840.00 Margarita Community Park (2 Shelters) 29119 Margarita Road $50.00 $600.00 Temecula Duck Pond (1 Shelter) 28250 Rancho California $25.00 $300.00 Road Temeku Hills Park (1 Shelter) 31367 La Serena Way $25.00 $300.00 Patricia H. Birdsall Sport Park (Snack Bar 31621 Deer HollowWay $50.00 $600.00 Tables) * Wolf Creek Park (1 Shelter) 45898 Wolf Creek Drive North $25.00 $300.00 SUBTOTAL B $615 $7,380 * SUPPLEMENTAL SITES RESTROOM MAINTENANCE AND GAZEBO/PICNIC SHELTER MAINTENANCE GRAND TOTAL (Subtotal A +B) $5,315 $63,780 Contractor's Signature C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc ADDITIONAL SERVICE ITEMS DESCRIPTION SCOPE OF WORK PRICE PER PRICE PER MONTH YEAR Maintain an additional park May be added to contract as new restroom, which will include men facilities are constructed. More then and women areas, totaling one restroom building may be approximately 500 s.f. to 900s.f. added during contract term. Maintain per above $188.00 $2,256 Specifications/Scope of Work, Exhibit A above. Provide Supplemental Restroom Provide Staff to clean and stock Maintenance Services for park restroom facility (both men and Special Events. women restrooms) hourly rate. Per $25.00 Exhibit "A" Daily Requirements. Provide General Janitorial Provide Specified general janitorial Maintenance Services maintenance services, such as cleaning office areas, kitchens, office or recreation building $25.00 restrooms, hallways, multipurpose rooms, etc. Contractor's Signature C:\WI N DOWSlapsdoclnettemp\2404 \$ASQpdf846968. doc I~-- . , II ITEM NO. 32 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager p;.( IJIl (J(L- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: June 12,2007 SUBJECT: Patricia H. Birdsall Sports Complex, Project No. PW01-17CSD Concession Building Tenant Improvements Completion and Acceptance PREPARED BY: William G. Hughes, Director of Public Works Amer Attar, Principal Engineer - CIP William Becerra, Assistant Engineer RECOMMENDATION: That the Board of Directors: 1. Accept the Concession Building Tenant Improvements work done by Rizzo Construction Inc. as complete and; 2. Direct the City Clerk to file a Notice of Completion. BACKGROUND: On December 12, 2006, the Board of Directors adopted resolution 06- 13 approving a minor construction contract with Rizzo Construction, Inc. in the amount of $115,020.00. Following the dedication of the Patricia H. Birdsall Sports Complex it was necessary to provide tenant improvements for the concession area. These improvements included plumbing, windows, trash enclosure per Health Department requirements for food service activities, flooring and food service equipment assembly and installation. Specialized improvements included installation of an exhaust hood and fan system and a fire suppression system. The contractor, Rizzo Construction, has completed the work in accordance with the approved plans and specifications and to the satisfaction of the City. There was no construction retention held for this project. FISCAL IMPACT: The Rizzo Construction, Inc. Agreement was funded by the Capital Improvement Program Budget for the Patricia H. Birdsall Sports Complex Project. The total project cost was $126,522.00 which included $115,020 contract amount and a contingency of $11 ,502. ATTACHMENTS: 1. Notice of Completion 2. Contractors Affidavit RECORDING REQUESTED BY ANO RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive T omoculo. CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Rizzo Construction Inc.. 30145 Corte Plata, Temecula, CA 92591 to perform the following work of improvement: PATRICIA H. BIRDSALL SPORTS COMPLEX (aka: Wolf Creek Sports Complex) Project No. PW01-17CSD 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on June 12, 2007. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PATRICIA H. BIRDSALL SPORTS COMPLEX (aka: Wolf Creek Sports Complex) Project No. PW01-17CSD 6. The location of said property is: 32380 Deer Hollow Way, Temecula, California Dated at Temecula, California, this 12th day of June, 2007 City of Temecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Susan W. Jones MMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 12'h day of June, 2007. City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW01\PW01-17CSD Sports Complex\AGREEMENTS\COMPlETION NOTE Rizzo.doc Rizzo r 1 , Rizzo Construction Inc. GENERAL AND INSULATION CONTRACTOR License No. 6243 I 5 3/21/2007 TO: CITY OF TEMECULA 43200 BUSINESS PARK DR. TEMECULA, CA. 92590 04-L'-07 ,':1 ::,6,'IY A TT : WIL BECERRA RE: CONCESSION STAND MODIFICA TIONS AT THE BIRDSALL sprnns PARK JOB CLOSE OUT / ACCEPTANCE CONTRACTORS AFFIDAVIT THIS AFFIDAVIT IS MY STATEMENT CHARLES M. RIZZO, PRESIDENT OF RIZZO CONSTRUCTION INC. THAT ALL MATERIAL SUPPLIERS, SUBCONTRACTORS, WORKMEN ETC. HAVE BEEN PAID IN FULL AND THERE ARE NO OUTSTANDING CLAIMS AGAINST ABOVE NAMED PROJECT. UPON FINAL PAYMENT FROM THE CITY OF TEMECULA, YOU WILL RECEIVE A UNCONDITIONAL RELEASE FROM RIZZO CONSTRUCTION INe. THANK YOU CHARLES M. RIZZO PRESIDENT RIZZO CONSTRUCTION INC. .f.?l 30145 CORTE PLATA' TEMECULA, CA 92591 . PHONE: (951) 676-3001 . FAX: (951) 695-9210 , n () , I CALIFORNIA .JURAT WITH AFFIANT STATEMENT ~,.;.~~.....~~.~';":".:"";::".i~"..i-:,-,A,-~,-""';:,,-,,,,,.,-......"',*>l\.,,,,,,~~,-,,,:,,~...,*~......:::',..::.".h...:'...:-,.""",.,.~>,.,,_tr.,, :'V'..~:"..~.-.~.;..',..:.,',.~ State of California , j (f .ss. County of A" 61A..<l.J AY1 I )(See AttaCh: ocument (Notary to cross out lines 1=.e below) o See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) " // 7'.0' D""um", ",go., NO.1 Subscribed and sworn to (or affirmed) before me on this ~ dayof <-MtlA~.4~ Dale I Month (1) (!f{A1eLeS 1'1. TCr?-7Jl Name of Signer rQCo"L, by Year o Personaily known to me E5tProved to me on the basis of satisfactory evidence ( fa be the person who appeared before me (.j (,) ./ (and (2) ./' ./ Name of Signer o Personally known to me o Proved to me on the basis of satisfactory evidence to be the per?o who appeared before me.) ~)~ Ignalure of Notary Public Place Notary Seal Above . OPTIONAL Though the information below is not required by law, it may prove va/uable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document TIlle o.Type of Document (' ~It~ ~ Ozf&';.oAh ~ Document Date: ~ I ! !) r Number of Pages: I Signer(s) Other Than Named Above: / ,/ ~ ~ Top of thumb here ~ ~ Top of thumb here ~~...""-~,.""-~,.""-".~ @20Q4National Notal)' Association 0 9350 De Solo Ave., P.O. Box 2402 0 Chalsworth, CA 91313-24020 www.NationalNotal)'.org Item #5910 Reorder: Call Toll-Free 1-800-876-6827 ITEM NO. 33 Approvals City Attorney Director of Finance City Manager ~r ;)1Z ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: June 12,2007 SUBJECT: Patricia H. Birdsall Sports Complex, Project No. PW01-17CSD Project Acceptance and Filing the Notice of Completion PREPARED BY: William G. Hughes, Director of Public Works Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: That the Board of Directors: 1. Approve an appropriation of $221 ,000.00 from Development Impact Fees (DIF) - Quimby to cover final contract and budget costs for the Patricia H. Birdsall Sports Complex, Project No. PW01-17CSD; 2. Approve Construction Contract Change Order No. 25, in the amount of $94,419.00; 3. Accept the project, Patricia H. Birdsall Sports Complex, Project No. PW01-17CSD as complete; 4. File the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond; and 5. Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On September 28, 2004 the Board of Directors awarded a construction contract to Douglas E. Barnhart, Inc. in the amount of $12,150,050.49 and authorized the General Manager to approve change orders that are within the 10% contingency amount of $1,215,005.05. The Sports Complex project consists of the development of an approximately 43 acre park site at the southwest corner of Pechanga Parkway and Deer Hollow Road. The project constructed four lighted baseball fields, four lighted soccer fields, a concession stand, two restroom structures, a maintenance building, tot lot/playground, picnic areas, barbecues, benches, drinking fountains, lighted walkways and approximately 460 parking spaces. The project Additive Bid Items constructed four lighted basketball courts, shade structures at the picnic area adjacent to the playground, ball fields and concession/restrooms, and installed perennial ryegrass over-seed in hybrid Bermuda turf-grass at the baseball fields. The contractor has completed the work in accordance with the approved plans and specifications, the additional enhancement to the park as requested by the City, and to the satisfaction of the City Engineer. Some of the changes and enhancement to the park included the importation of additional earth fill material, the installation of security cameras, the addition of drains around the soccer fields to protect the synthetic turf, the addition of a required supplemental irrigation line, and the addition of a City standard post and rail fence. All additions were necessary in order for the park to operate to the City's standards and requirements. The additional final contract and budget costs needed is for additional enhancements to the park, such as rain gutters for the concession building ($15,000) and wire mesh and netting forthe soccer fields ($25,000). Outstanding payments to the contractor and the landscape architect ($95,000 and $30,000 respectively) and additional administrative costs ($56,000) make up the balance of the additional budget costs needed, $221,000. This additional appropriation is being requested from Development Impact Fees (DIF) - Quimby fund balance. It will be offset by a reduction in the DIF - Quimby appropriation of the Murrieta Creek Multi-Purpose Trail project, Project No. PW01-27. The scope of the Multi-Purpose Trail project is being reduced in order for the proposed improvements not to conflict with the US Army Corps of Engineers' and Riverside County Flood Control and Waste Water District's Murrieta Creek project. FISCAL IMPACT: This project is a Capital Improvement Program Projectfunded through Development Impact Fees, Capital Project Reserves, Bond Proceeds, the Wolf Creek Community Facilities District, and Development Impact Fees (Parks & Recreation and Quimby). The total construction cost of the park including authorized Contract Change Orders and the additional appropriation being requested at this time is expected to be $13,679,720.49. The additional appropriation of $221,000 is being requested from Development Impact Fees- Quimby. This appropriation will be offset by a reduction in the appropriation for the Murrieta Creek Multi-Purpose Trail project, Project No. PW01-27. ATTACHMENTS: 1. Construction Contract Change Order Number 25 2. Notice of Completion 3. Maintenance Bond 4. Contractor's Affidavit and Final Release CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 25 CONTRACT NO. PW01-17CSD Page 1 of 4 PROJECT: Wolf Creek Soorts Como lex TO CONTRACTOR: D. E. Barnhart. Inc. NOTE: This chanae order is not effective until aooroved bv the C/tv Manaaer. CHANGE ORDER REQUESTED BY: Engineer 25.1 DESCRIPTION OF WORK: Install truncated domes (plastic protrusions) at ADA ramps per Building & Safety Department requirements and Architect's Bulletin #62. After construction, and shortly before the park opening, it was determined that the ADA ramps near the parking areas were out of code compliance. In order to meet the code. truncated domes were utilized to bring the ramps into compliance. Agreed lump sum price: $ 30,489.00 Total Item 25.1 .............................................................................................................. $ 30,489.00 Owner and Contractor agree and acknowledge that the execution of this change order constitutes a full and complete resolution of labor. materials, mark-up, profits, etc. related to the change order detailed herein. Owner and Contractor also agree that the execution of this change order does not in any way affect each of the parties' respective rights. remedies andlor defenses as to claims, if any. for additional or deductive days relating to this change order and any compensation to either party associated with those days. Adjustment to working days: No Adjustment 25.2 DESCRIPTION OF WORK: Reroute irrigation main due to developer conflicts. At the northwest corner of the park, the site sewer system joins with the off-site sewer system at a manhole. In order to resolve a conflict between the site irrigation system and the manhole, it was necessary to reroute the irrigation main. This change order provides compensation for the rerouting of the mainline and required regarding of the area. Agreed lump sum price: $1,770.00 Total Item 25.2 ................................................................................................................ $ 1,770.00 Owner and Contractor agree and acknowledge that the execution of this change order constitutes a full and complete resolution of labor, materials, mark-up, profits, etc. related to the change order detailed herein. Owner and Contractor also agree that the execution of this change order does not in any way affect each of the parties' respective rights, remedies and/or defenses as to claims, if any, for additional or deductive days relating to this change order and any compensation to either party associated with those days. Adjustment to working days: No Adjustment R:\CIP\PROJECTS\PW01\PW01-17CSD Sports Complex\CCO\05.22.07 CCO#25.doc CITY OF TEMECULA CONTRACT CHANGE ORDER NO.. 25 CONTRACT NO. PW01-17CSD Page 2 of 4 25.3 DESCRIPTION OF WORK: Relocate trash receptacles per Architect's Bulletin #43. Along the north side of the park, it was determined that the location of trash receptacles interfered with the proper functioning of the turf irrigation system. This change order item provides compensation for the relocation of the trash receptacles, removal of the concrete pads on which they were originally installed, and rerouting of the irrigation system. Agreed lump sum price: $ 3,589.00 Total Item 25.3 ................................................................................................................ $ 3,589.00 Owner and Contractor agree and acknowledge that the execution of this change order constitutes a full and complete resolution of labor, materials. mark-up, profits, etc. related to the change order detailed herein. Owner and Contractor also agree that the execution of this change order does not in any way affect each of the parties' respective rights. remedies and/or defenses as to claims. if any. for additional or deductive days relating to this change order and any compensation to either party associated with those days. Adjustment to working days: No Adjustment 25.4 DESCRIPTION OF WORK: Rework power feed for hand dryers in bathrooms. After installation, it was determined that the improper voltage and circuit breaker size had been specified for the hand dryers. This change order item provides compensation for the rewiring and' reinstallation of the proper circuit breakers for the hand dryers. Agreed lump sum price: $1,618.00 Total Item 25.4 ................................................................................................................ $ 1,618.00 Owner and Contractor agree and acknowledge that the execution of this change order constitutes a full and complete resolution of labor, materials, mark.up, profits. etc. related to the change order detailed herein. Owner and Contractor also agree that the execution of this change order does not in any way affect each of the parties' respective rights, remedies and/or defenses as to claims, if any. for additional or deductive days relating to this change order and any compensation to either party associated with those days. Adjustment to working days: No Adjustment R:\CIP\PROJECTS\PW01\PW01-17CSD Sports Complex\CCO\05.22.07 CCO#25.doc CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 25 CONTRACT NO. PW01-17CSD Page 3 of 4 25.5 DESCRIPTION OF WORK: Removal and replacement of defective concrete constituting a potential safety hazard. During the process to identify areas of defective concrete, it was discovered that there were some concrete panels that, while having been constructed per specification, still posed a safety hazard, as they contained ponded water that may have posed a slip hazard. In order to elirninate the safety hazard, the City paid the contractor to remove and replace those concrete panels posing the potential safety hazard. Agreed lump sum price: $ 38,120.00 Total Item 25.5 .............................................................................................................. $ 38,120.00 Owner and Contractor agree and acknowledge that the execution of this change order COlL'itibJtes it. full and complete resolution of labor. materials, mark-up, profits, etc. related to the change order detailed herein. Owner and Contractor also agree that the execution of this change order does not in any way affect each of the parties' respective rights, remedies and/or defenses as to claims, if any, for additional or deductive days relating to this change order and any compensation to either party associated with those days. Adjustment to working days: No Adjustment 25.6 DESCRIPTION OF WORK: Miscellaneous time and material work for enhancements to the park. During the punch list process, there were a number of minor items identified as requiring correction and/or enhancement that the contractor was paid to carry out. Agreed lump sum price: $18,833.00 Total Item 25.6 .............................................................................................................. $ 18,833.00 Owner and Contractor agree and acknowledge that the execution of this change order constitutes a full and complete resolution of labor, materials, mark.up, profits, etc. related to the change order detailed herein. Owner and Contractor also agree that the execution of this change order does not in any way affect each of the parties' respective rights, remedies, and/or defenses as to claims, if any, for additional or deductive days relating to this change order and any compensation to either party associated with those days. Adjustment to working days: No Adjustment CCO 25 - TOTALINCREASE.......................................$94,419.00 R\CIP\PROJECTS\PW01\PW01-17CSD Sports Complex\CCO\05.22.07 CCO#25.doc CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 25 CONTRACT NO. PW01-17CSD Page 4 of 4 Original Contract Amount ....................................................................................... $ 12,150,050.49 This Change ............... ...... .................. .... ... ....... ................. ....... .............................. $ 94,419.00 Previously Approved Changes ............................................................................... $ 1,214,251.00 Total Adjusted Contract Amount ........................................................................ $ 13,458,720.49 Adjustment to. Working Days ................................................................................................ 0 days Prepared by: Date City of Temecula - Jon Salazar Associate Engineer Submitted by: Date: City of Temecula - Amer Attar, P.E. Principal Engineer Approved: . (as authorized by City Manager) Date: City of Temecula - William G. Hughes, P.E. Director of Public Works/City Engineer We the undersigned contractor have given careful consideration to the change proposed and hereby agree: If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above; and, perform all services necessary for the work specified above, and will accept as full payment the prices listed above. Accepted: Date: Contractor: D. E. Barnhart,lnc. By: Title: Signature Narne: Printed If the cont~actor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. R:\CIP\PROJECTS\PW01\PW01-17CSD Sports Complex\CGO\05.22.07 CC0#25.doc RECORDING REQUESTED BY AND RETURN TO, CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Douglas E. Barnhart, Inc., P.O. Box 270399, San Diego, CA 92127 to perform the following work of improvement: PATRICIA H. BIRDSALL SPORTS COMPLEX laka: Wolf Creek Sports Complex) Project No. PW01-17CSD 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on June 12, 2007. That upon said contract the Federal Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PATRICIA H. BIRDSALL SPORTS COMPLEX (aka: Wolf Creek Sports Complex) Project No. PW01-17CSD 6. The location of said property is: 32380 Deer Hollow Way, Temecula, California Dated at Temecula, California, this 12th day of June, 2007 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 12th day of June, 2007. City of T emecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW01\PW01-17CSD Sports Complex\AGREEMENTS\COMPLETION NOTE Barnhart.doc .. .f.... , I 1 I I' I I I Ii t I' ~ Ii I I I , , } , . DEB PROJ. #5001 BOil)) NO. 8196-57-o5H CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT MAINTENANCE BOND FOR PROJECT NO. PW01-17CSD WOLF CREEK SPORTS COMPLEX KNOW ALL PERSONS BY THESE PRESENT THAT: doudas e. barnhart. inc. ~ 10760 TBOllI!lMDIT ROAD. SAN DIEGO. CA 92127 NAME AND ADDRESS CONTRACTOR'S a CALl..! u=..A (/iflln wheTher 8 CoIpotaIlon. PllIInarohlp or lnl1Mdual} , hereinafter called Prlnclpal, and "Ilou~ nrSlJRAlIICE COMPANY. 15 HOmrrAlll VIEW ROAD. WARREI!I. NJ. 07059 NAME AND ADDRESS OF SURETY hereinafter called SURElY, are held and flll1lly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of ONE :UTLT,TON "'......"",:c ..J,n...Ji THIRTY-SIX THOUSAND FOUR ..".,~~ THIRTY DOLLARS and 15/l00TBS CENTS ($ 1.336.430.15--4 "in lawful money of the United States, said sum being not less than !en (10%) of the Contract value payable by the said City of Temecula under the !enns of the Contract, for the payment of which, we bind ourselves, sUCCo"""'''' and assigns, jointly and severally, finnly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Prlnclpal entered into a certain vuuuact with the OWNER, dated the 28TH day of .."" "'....."''''-'. ,2()(),8,4a copy of which is hereto attach~d and made a part hereof for the construction of PROJECT NO. PW01. 17CSD WOLF CREEK SPORTS COMPLEX. WHEREAS, said Contract provides that the Prlnclpal will fumish a bond conditioned to guarantee for the period of Qlli! (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said perlod; and . WHEREAS, the said Contract has been completed, and was the final estimate approved on_ MARCH 27 , 200(7 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the tenns of said Contract shall disclDse poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, 0 r it shall appear that defecllve materlals were furnished thereunder, l\len this obligation shall remain in .full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by i, i MAINTENANCE BOND MII-1 1 ~ , ' the Temecula Community Services District In successfully "" ,:t.., ";ng this obligation. all to be taxed a.s costs and included in any Judgment rendered. . The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addltlon to the terms of the Contract, or to the work to be performed thereunoer, or to the specllicalions accompanying the same, shall in any way affect Its obligations on this bond. and It does hereby waive notice of any such change, extension of tlrns, alteration. or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 19TH day of APRIL .20M.7 (Seal) ".....-.\1. .u!I..,,,,,.A11lCE COMl'ABY SURETY . By: ~ l.iUJ BROOKE :uu........... (Namel L..L".I.'u..~..!.ol.-IH-FACT barnhart. inc. (nUe) .Fr.;r ~ - ~+-pnll'='1'\ (Name) V'P ~ ('tn'r1"\t"\Y';:l.+,P C"nnn~ (TrtIe) By:. APPROVED AS TO FORM: (Name) Peblr M. Thorson, City Allomey (l1lIe) IMlNlENANCE 801\0 MM ~... =~.... . , 'c"iiil . ""'(~I:" ".".;"iiT: ..:::!:'t-.;. .' ",-~. . ;~ .:'~-1 ";'~I:' 1~1 .:!?'.:=~ ":'':'1';11 , ....:.. - .~~fj' :';::;('1 "1 :i; -.'^" a "1' .,~ ..;(}~ ;1 ,~~ ,I , " 'l .~ .. J1 I ..""1 .. .- ~ I ~ ~ I, I " CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~..........,~,,_.~ r.-,.'""__''".,.__/i"...._,...~.~ .~,.., ..,,,.'M.<.',........ ,.. '. '.. '.. -,,;,,;;,..:~.:.~,_>"'._'A."~."A ., ...........'".....,'"~_._.,., '''*''> State of Califomia }ss. County of SAN DIEGO On 19 APRIL 2007 Dale before me, JEANETTE SEIDL, NOTARY PUBLIC Name and TItle of Offlcer (e.g., -Jane Doe, Notary Public1 personally appeared BROOKE LAFRENZ Name(s) of Signer(s) ~ personally known to me iij- - ~~~~,~ - - f i. ~# 1579632 '~~, Public . CaIIomIa f ~ San IlIego COI6lIy f 1 MvComm. Expies Mcrm. 2009 o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~E.ubr. OPTIONAL Though the information below Is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Place Notary Seal Abo'l9 Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - litle(s): o Partner - 0 Limited 0 General 1&1 Attorney in Fact o Trustee o Guardian or Conservator o Other: ~ Top of thumb here Signer's Name: o Individual o Corporate Officer - litle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: .~ ~ Top of thumb here Signer Is Representing: SURETY Signer Is Representing: ~_~A~",,^~~./AV"~~~'(~~~.M'fJ""""" ~..,.......,.u.v~ . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT I ,.",..."..."..,...,...,w.,"~,"H".,...,.=,=.=~.,.."w.,w"..,,~"",,",,,,",,,,w,,w,,w"~'~~~~~'~~1 ~ State 01 califOrnia} j ~ County of San Diego ss. t ~ i :." ~ ~ On 4/20/07 before me,. Tammy Rainwater. Notary PUbl,ic ! , Dale Name and T1Ua of Officer (e.g., "Jane Doe, Notary Public") ~ ..( ~' , personally appeared Eric G. Stenman ! I Name(s) of Signer(s) ~ Xi personally known to me D proved to me on the basis of satisfactory , ~,,~ I I \ to be the person(s) whose name(s} is/are I I ~ - - - TAM~NWA~R - I subscribed to the within instrument and ! ! i@'commisslon#1430423raCknOWledgedtomethat he/she/they executed 1 \ ~ Me: . Notary Public _ California ~ the same in his/her/their authorized 1 ~ ~ San Diego County t capacity(ies), and that by his/her/their j: MyComm. ExpiresJul14, 2007 signature(s) on the instrument the person(s), or (: the entity upon behalf of which the person(s) :: acted, executed the instrument. , :1.' , 1 , < < I < , 1 < 1 , < , WITNESS my hand and official seal. /~~ ~,;.~=k Signalt(ieof Nbta!j Public OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons refying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1itle or Type 01 Document: Maintenance Bond No. 8196-57-05M Document Date: 4/1 9/07 Number 01 Pages: 2 Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Rri r ~. ~+.pnm~n .;l'~t,~l~I1~_ Top of thumb here .< , , D Individual XJ CorporateOfficer-Title(s): "" ~- "'nrI'nr~"Q D Partner - D Limited D General o Attorney-in-Fact D Trustee D Guardian or Conservator D Other: "'':'''''''001 Signer Is Representina: douglas e. barnhart, inc. ~ @1999NafionalNotaryAssociallon.935ODeSoIoAve., P.O. Box 2402. Chatsworth. CA91313-2402. www.nallonalnotary.org Prod. No. 5907 Reorder: Call Toll-frse l-BOO-B76.6827 ~ . 1 L ~ ' , 1 1 1 1 1 1 ~ l l 1 l l , , , , " l "L CHUBB Chubb 'Surety POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Padfic Indemnity Company AUn: Surety Department 15 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY. an Indiana corponrtion, VIGILANT INSURANCE COMPANY. a New Yort<. ........,.~...:......, and PACIAC INDEMNITY COMPANY, a WlSCOIlSin _'..,....., do each herebyoonstitule and appoint LallY D. Cogdill, Ingrid Erika Crosby, Brooke Lafrenz, Michael W. Thomas and Jeanette Seidl of San Diego, California each as their tnJe and lawfu( Attorney. in- Fact \0 execute under such designation in their names and to affix their coq>Orate seals to and deUvef for and on their behalf as surety _eon or othefwise, bonds and undertakings and _ wri1ings obllgaloly in !he naw.. _ (o1hef than batt bonds) given or executed in !he COUTse of b\Jsioess, and any instruments amending or altering the same, and consents to the mod"lfication or alteration of any instrument referred to in said bonds Of obUgations. In Wl1ness Whereof, said FEDERAL INSURANCE COMPANY, VIG1lAHT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each _ and attested thesepresentsand.lIixed1heir......."sealsonlhis 15th day of November, 2004. 6t%~~kI/ 12-1_ /?~. 91 tJ;~n't. ~1Ce President C/ - STATE OF NEW JERSEY .' ss. COunty of Somerset On Ihls 15th day of November. 2004 before me. . Nolaly P.- of Hew.lel>ey. pe<SOnaIly came Kennelh c. Wendd. ., me """""., be AssIstant sea.taly of FEDERAL INSURANCE COMPANY. VlGIIAKT INSURANCE COMPANY. and PACFIC INDEMHnY COMPANY. !he ....~...:._ \OlhIch executed Ihe foregoing "'""" of AItomey, and !he _ KenneIh c. Wendd. being by me duty ...... did depose and lay lhat he 1$ AssIslant Seaetary of FEDERAL INSURANCE COMPANY, VIGIlANT INSURANCE COMPANY, and PACIFIC INDEMHnY COMPANY and knows !he corpcl<a\. seals _, lhat !he seals _ ., lhe lo<egoIng PowerofAltomoy.....uch ......... seals and.,..,. _ a_ by authocity of the By-laY<>of_ "...,..:_; and that he signed saki POWecof AIIomeyas . Assis1antSOCrotalyof said CompanIes byike autho<IIy; and that he 1$ a<qualn\ed with Jol1n P. _ and knows him., be VlCO PresIdent.of said Companles; andlhat the signatule of John P. _ subscribed ., said Power of AIlomey 1$ in !he genuine handV<riting of JoI1n P. Smilh, and was _ oWscribed by auIholityof said By-laws and in d....",_"'.~.,~ presence. Notarial Seal KATHERINE KAL8ACHER NOTARY PUBUC OF NEW JERSEY No. 23166B5 Commi..lon Expi.... July B. 2009 It:?k'~ ~d<-. ---- Nobiy PUblic / CERTIFICATION Exlla1:I ftom "'" By. laY<> of FEDERAL INSURANCE COMPANY. VIGIIAHT INSURANCE COMPANY, and PACIfIC INDEMNITY COMPANY: "All powell of -..or lor and 01\ beIIaIf of !he ~ may and _ be oxeculed in !he name and 01\ beIIaIf of !he Coolpany. either by !he ClIal<man orllle PresWent or a VICe President or an Asslstant VICe President. jointly with the ~"''''''''''''I Of an AssIstant ';"~_......,. under 1heif ..~,.~....: ,.;. designations. The sig- ofsucl1 ollicenI may be engraved, printed orl1....'..,....J. The signature of oael1 of !he foI1owing ofti<:e!>: CIlalnnan. PresIdont;onyVICe PresldenI,anr Assls1ant VICe P_ ony SecreWy, ony AsslsIanI SecreIaly and !he .... of !he Company may be __ by facsImlIe \1 any power of atlomOy or \0 any _Ie relating _ apj>ointing Assistant _ or Al\omey$- in- Facllor plIfpOSOS only of exeouIing and atlesting bonds and undeIIaIdngs and_ writings obligaloly in !he nature 1heroOl, and ony sucI1 power of -..or or ...;:. _:. bearing sucI1lacslmi1o signa1ure or facslmile .... shaft be did and blnd"1OIl upon the ~ and any sucI1 power 50 oxeculed and certified by oud1lacslmi1o signature and _. seal shall be valid and blnding upon Ihe Con"I>8l1"f . with respoc\ ., any bond or undel\akIng to whidl k 1$ attadled: I. Kenneth c. Wendd. Assistant SecreIaly of FEDERAL INSURANCE COMPANY, VIGIlANT INSURANCE COMPANY. and PACIFIC INDEMNnY COMPAIf( (!he "Companles1 do hereby co<Iify fhal (i) the i........:..:, extract of the By-laws ot'the Companle$ls true and correct, (ii) the CompanIes ... duty Iioonsed and a_" transact surety business in an 50 of !he United Slates of America and Ill. District of Columbia and are a_ by !he U.S. Treasuy Ilepal1med; fut1her, Fede<aI and VoglIant are i<:ensed in Puerto RI<o.nd!he U.S. Virgin Islands. and Fede<aI 1$ Iiconsed in AmeOcan Samoa. Guam, and eadl of the