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HomeMy WebLinkAbout020800 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 8, 2000 - 7:00 P.M, At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: No. 2000-01 Resolution: No. 2000-05 CALL TO ORDER: Mayor Jeff Stone Prelude Music: Loreal Kopitch Invocation: Member of Baha'i Youth, Travis Langness, of Baha'i Community of Temecula Flag Salute: Councilman Roberts ROLLCALL: Comerchero, Naggar, Pratt, Robetics, Stone PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eaqle Scout - Anthony Christian Burg PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. R:~Agenda\020800 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, then (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. Standard Ordinance Adoption Procedure RECOMMENDATON: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report as of December 31, 1999 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of December 31, 1999. 4 Approval of 1999-00 Mid-Year Budpet Adiustments RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGET R:~Agenda\020800 2 5 6 7 4.2 Adopt a resolution entitled: RESOLUTION NO, 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS Community Facilities District No. 88-12 (Ynez Corridor) Initiation of Actions Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL Reschedulinq of March 14, 2000 City Council Meetinq RECOMMENDATION: 6.1 Direct the City Clerk to reschedule the meeting of March 14, 2000 to March 21, 2000 and to perform the appropriate postings and noticing requirements of the Government Code. Temecula Valley Balloon & Wine Association Financial Audit RECOMMENDATION: 7.1 Approve the amended Temecula Valley Balloon & Wine Association Sponsorship Agreement which provides for a full financial audit of FY99-00 to be received by August 31, 2000. RAAgenda\020800 3 8 9 10 11 Tract Map No. 23371-8 (located south of La Serena Way, east of Marqarita Road, west of South General KearnV Road, and north of Metropolitan Water District Fee Riqht-of-Wav for San Dieqo Pipelines No. 4 & 5 in the Marr:larita Villaqe Specific Plan No. 199 RECOMMENDATION: 8.1 Approve Tract Map No. 23371-8 in conformance with the conditions of approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. Overland Drive Bridqe - Proiect No. PW95-11 - Construction Acceleration/Guidant Settlement RECOMMENDATION: 9.1 Authorize the City Manager to approve contract change orders with CC Myers, Inc. for an amount of $170,000 above the previously approved 10% contingency for the Overland Drive Bridge - Project No. PW95-11; 9.2 Approve the transfer of $90,000 from the land acquisition funds for the Date/Cherry Street Overpass/Interchange project to the Overland Drive Bridge Construction project. Award of Construction Contract for Old Town First Street Bridqe over Murrieta Creek - Project No. PW95-08 RECOMMENDATION: 10. 1 Award the construction contract for the First Street Extension - Project No. PW95- 08 -to Riverside Construction Company in the amount of $4,522,222.00 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $452,222.20 which is equal to10% of the contract amount; 10.3 Appropriate the necessary funds in the amount of $986,621.30 to cover the reimbursable costs from Eastern Municipal Water District (EMWD) and Rancho California Water District (RCWD) for their facilities associated with the bridge construction contract. Completion and Acceptance of Construction Contract for Mall Improvements for Ynez Road - Overland Drive to Winchester Road and Winchester Road - Ynez Road to Marqarita Road - Proiect No. PW97-06 RECOMMENDATION: 11.1 Accept the project Ynez Road - Overland Drive to Winchester Road and Winchester Road - Ynez Road to Margarita Road - Project No. PW97-06 as complete; R:~Agenda\020800 4 11.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 11.3 Release the Materials and Labor Bond 7 months after filing of the Notice of Completion if no liens have been filed. 12 Coml~letion and Acceptance of Construction Contract for Marqarita Road, Overland Drive, and Lon~ Canyon Creek Improvements - Proiect No. PW97-07 RECOMMENDATION: 12.1 Accept the project Margarita Road, Overland Drive, and Long Canyon Creek Improvements - Project No. PW97-07 as complete; 12.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 12.3 Release the Materials and Labor Bond 7 months after flung of the Notice of Completion if no liens have been filed. 13 Completion of Construction Contract for CateqorV Ill Immediate Intersection Improvements for Marqarita Road Southbound Lane to De Portola Road RECOMMENDATION: 13.1 Approve Contract Change Order No. 1 to McLaughlin Engineering & Mining, Inc. in the amount of $8,190.10; 13.2 Accept the construction improvements for Category III Immediate Intersection improvements for Margarita Road Southbound Lane to De Portola Road as complete. 14 Professional Services Aqreements - Cozad & Thomsen, Inc and O'Malley Enqineerinq Corporation - Annual Contract for Survey Services - various CIP Projects approved for FY 1999-2000 RECOMMENDATION: 14.1 Approve the agreement with Cozad & Thomsen, Inc. in an amount not to exceed $40,000 to provide as needed survey services; 14.2 Approve the agreement with O'Malley Engineering Corporation in an amount not to exceed $40,000 to provide as needed survey services; 14.3 Authorize the Mayor to execute the agreement. R:~Agenda\020800 5 15 Professional Services Agreements - Kleinfelder, Inc. and Converse Consultants - Annual Contracts for Geotechnical and Material Testinq Services - various CIP Proiects approved for FY 1999-2000 RECOMMENDATION: 15.1 Approve the agreement with Kleinfelder, Inc. in an amount not to exceed $35,000 to provide as needed geotechnical and materials testing services; 15.2 Approve agreement with Converse Consultants in an amount not to exceed $35,000 to provide as needed geotechnical and material testing services; 153 Authorize the Mayor to execute the agreement. 16 Professional Services Aqreement - Robert Shea Perdue Real Estate Appraisals - Annual Contract for Appraisal Services - various CIP Projects approved for FY 1999-2000 RECOMMENDATION: 16.1 Approve the agreement with Robert Shea Perdue Real Estate Appraisals to provide as needed appraisal services in an amount not to exceed $25,000 for the City of Temecula and authorize the Mayor to execute the agreement. 17 Local Aqency - State Aqreement No. 000457 - Supplement No. 242 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 242 TO THE ADMINISTERING AGENCY/STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER RPL-5459(011), PAVEMENT REHABILITATION FOR JEFFERSON AVENUE/FRONT STREET AND WINCHESTER ROAD 18 Local Aqencv - State Aqreement No. 08-5459 - Supplement No. M004 RECOMMENDATION: 18.1 Adopt a resolution entitled: R:~Agenda\020800 6 19 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. M004 TO THE ADMINISTERING AGENCY/STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER ITS99-{]459(0'10), INTERSECTION TRAFFIC MONITORING SYSTEM ALONG THE INTERSTATE 15 CORRIDOR Completion and Acceptance for the Traffic Siqnal and Median Modification at Rancho California Road and Town Center Drive - Project No. PW99-09 RECOMMENDATION: 19.1 Accept the project Traffic Signal and Median Modification - Rancho California Road at Town Center Drive - Project No. PW99-9 - as complete; 19.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 193 Release the Materials and Labor Bond 7 months after filing of the Notice of Completion if no liens have been filed. 20 Resolutions of Support RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION 1A ON THE MARCH 7, 2000 PRIMARY ELECTION BALLOT TO AMEND THE CALIFORNIA STATE CONSTITUTION TO PERMIT AND REGULATE GAMING COMPACTS ON TRIBAL LANDS 20.2 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 13-SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION AND FLOOD PROTECTION ACT R:~Agenda\020800 7 20.3 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 14-CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 20.4 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 26-THE LET'S FIX OUR SCHOOLS INITIATIVE 20.5 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE NEED TO MEET REGIONAL NEEDS FOR THE EXPANSION OF AVIATION FACILITIES RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~Agenda\020800 8 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2000-01 Resolution: No. CSD 2000-04 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero 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. CONSENT CALENDAR Desiqn Services Aqreement for Senior Center Expansion RECOMMENDATION: 1.1 Award, in substantial form, final form to be approved by City Manager and the City Attorney, a contract of $44,777 to Davidson + Allen Architects for the preparation of the design development drawings, construction documents, and project administration for the Senior Center Expansion Project; 1.2 Approve a 10% contingency in the amount of $4,477 for the design agreement. R:~Agenda\020800 9 2 Completion and Acceptance of Bike Path Siqninq and Stripinq Construction - Project No. PW99-02CSD RECOMMENDATION: 2.1 Accept the project Bike Path Signing and Striping as complete; 2.2 Authorize the Clerk to file the Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 2.3 Release the Materials and Labor Bond 7 months after filing of the Notice of Completion if no liens have been filed. 3 Completion and Acceptance of Construction Contract for Butterfield Staqe Park Improvements- Project No. PW98-01CSD RECOMMENDATION: 3.1 Accept the project Butterfield Stage Park Improvements - Project No. PW98-01CSD; 3.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 3.3 Release the Materials and Labor Bond 7 months after filing of the Notice of Completion if no liens have been filed. 4 Approval of 1999-00 Mid-Year Budqet Adjustments RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGET DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next adjourned regular meeting: February 17, 2000, scheduled to follow the City Council Workshop, City Council Chambers, 43200 Business Park Drive, Temecula, California, R:~Agenda\020800 10 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS A total of 15 minutes is provided Next in Order: Ordinance: No. RDA 2000-01 Resolution: No. RDA 2000-01 Comerchero, Naggar, Pratt, Stone, Roberrs so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Approval of 1999-00 Mid-Year Budqet Adjustments RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGET R:~Agenda\020800 11 AGENCY BUSINESS EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next adiourned regular meeting: February 17, 2000, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:9,genda\020800 12 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 21 GST Fiber Optics - Purchase of CitV-desiqnated conduits RECOMMENDATION: 21.1 Approve an agreement with GST Telecom in the amount of $120,000 to purchase 2 one quarter inch conduits for City use within GST Telecom fiber optic's trench. 22 Ordinance No. 2000- Prima Facie Speed Limit on Business Park Drive RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON BUSINESS PARK DRIVE 23 Wolf Creek Development Aqreement Council Ad Hoc Committee Appointment RECOMMENDATION: 23.1 Appoint an Ad Hoc Committee of the City Council to review the deal points associated with the Wolf Creek Specific Plan Development Agreement. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next adjourned regular meeting: City Council Workshop, February 17, 2000, 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\020800 13 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set fodh in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,216,959.14. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 6th day of February 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] Resos 2000- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 2000- was duly adopted ata regular meeting of the City Council ofthe City of Temecula on the 8th day of February, 2000 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk Resos 2000- CITY OF TEMECULA LIST OF DEMANDS 01/20/00 TOTAL CHECK RUN: 01/27/00 TOTAL CHECK RUN: 02/08/00 TOTAL CHECK RUN: 01/20/00 TOTAL PAYROLL RUN: 185.254.11 1.444,116.84 182,868.28 TOTAL LIST OF DEMANDS FOR 02/08100 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 210 280 300 310 320 330 340 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES $ 308,595.75 16,403.50 41,867.55 15,685.74 26,64310 114,04 520,602.94 798.28 45,283.97 15,564.56 3,073.73 4,226.22 2,216,959.14 2,034,090,86 001 GENERAL 165 RDA-LOW/MOD 190 TCSD 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 1; 4 TCSD SERVICE LEVEL D 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: iP~i~~~G SPECIALIST SHAWN NELSON, CITY MANAGER 132,690.29 3,306.75 29,895.88 70.38 28517 2,247.05 716.88 5,397.34 1,240.45 4,283.08 182,868.28 2,216,959.14 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT VOUCHRE2 CITY OF TEMECULA PAGE 9 01/20/00 14:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV' LOW/HOD SET ASIDE 190 COMHUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY" CIP 300 INSURANCE FUND 320 INFORNATION SYSTEMS SUPPORT SERVICES 340 FACILITIES AMOUNT 62,964.11 9,312.22 22,573.52 476.74 3,642.46 .20 63~959.47 8~925.33 84.95 9~279.31 2,310.37 1~725.43 TOTAL 185~254.11 VOUCHRE2 01/20/00 14:28 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 60224 01/20/00 004005 60225 01/20/00 003213 60226 01/20/00 000440 AGLOW PHOTOGRAPHY 60227 01/20/00 003706 AMBIENT AVL INC 60227 01/20/00 003706 AMBIENT AVL INC 60228 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER A A A GLASS COMPANy RESIDENTIAL IMPROV:SILVERTHORN 165-199-813-5804 A M S PLANNING RESEARCH FEASIBILITY STUDY - KID MUSEUM 210-190-165-5802 PORTRAIT FOR POLICE CHIEF AMX CONTROL SYSTEM SERVICE TRAVEL 01/20/00 003607 AMERICAN FIRST AID & SA SAFETY EQUIPMENT FOR PW MAINT 001-111-999-5270 320-199-999-5248 320-199-999-5248 001-164-601-5218 60229 01/20/00 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 001-162-999-5263 60230 01/20/00 004004 APEX PAINTING & MAINTEN RESIDENTIAL IMPROV:SILVERTHORN 165-199-813-5804 60231 01/20/00 003266 ARCUS DATA SECURITY 60232 01/20/00 000475 B N I PUBLICATIONS INC 60232 01/20/00 000475 B N I PUBLICATIONS INC 60233 01/20/00 002541 BECKER, WALTER KARL 60233 01/20/00 002541 BECKER, WALTER KARL 60234 01/20/00 C A P R C B M 60235 01/20/00 001260 C P R $ 60236 01/20/00 001260 C P R S 60237 01/20/00 000901 C P R S PARK OPERATIONS 60238 01/20/00 003138 CAL MAT 60239 01/20/00 001159 CALIF DEPT OF JUSTICE 60240 01/20/00 000152 CALIF PARKS & RECREATIO 60240 01/20/00 000152 CALIF PARKS & RECREATIO 60241 01/20/00 001655 CAMERON WELDING SUPPLY 60242 01/20/00 CITIZENS UNIVERSITY COM 60243 01/20/00 003997 COAST RECREATION INC 60243 01/20/00 003997 COAST RECREATION INC 60243 01/20/00 003997 COAST RECREATION INC 60244 01/20/00 003151 60245 01/20/00 003252 60246 01/20/00 OFFSITE RECORDS STORAGE 14 uGREENBOOK" STANDARD SPEC 14 "GREENBOOK" STANDARD SPEC REPAIR EROSION ON SLOPE ~ DIAZ R&R SIDEWALK"REPLACE WTR METER CPR$ BANQUET:3/17: HP,PR,JP MEMBERSHIP: BRUCE WEDEKING CPRS CF:TCSD STAFF:3/15-18/O0 PRK OPERATIONS TOUR:3/15:KH,BW PW PATCH TRUCK MATERIALS PROCESSING FEE:EMPLEE PRINTS PRK BOND ACT:2/17/OO:HP~PR,AA PRK BOND ACT:2/17/OO:HPiPR,AA HELIUM FOR CITY PRGMS/EVENTS NEXT ECONOMY CF:O'GRADY:2/3/O0 LADDER W/HARDWARE:CALLE ARAGON FREIGHT SALES TAX 001-120-999-5277 001-163-999'5228 001-165-999-5228 001-164'601-5401 001'164'601-5402 190-180'999'5258 190-180-999-5226 190-1990 190'180'999-5258 001-164-601'5218 001~150-999-5250 190-180-999-5258 001-110-999-5258 190-180-999-5301 001'110-999-5260 190'180-999-5212 190-180-999-5212 190-180-999-5212 COMMERCIAL TRANSPORTATI REGISTRATION:RUIZ:1/27:CLASS A 001-164-601-5261 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-MNTC FAC 340-199-702-5212 CUENCA, DEBORAH REFUND: SECURITY DEPOSIT 190-2900 ITEM AMOUNT 335.00 4,500.00 91.58 700.00 120.00 215.87 40.~ 1~890.00 685.30 67.88 427.05 3,330.00 1,655.00 135.00 110.00 2,167.00 90.00 1,538.49 84.00 20.00 10.00 11.90 15.00 116.00 12.00 8.99 95.00 72.95 100.00 PAGE 1 CHECK AMOUNT 335.00 4,500.00 91.58 820.00 215.87 40.73 1,890.00 685.30 494.93 4~985.00 135.00 110.00 2,167.00 90.00 11538.49 84.00 30.00 11.90 15.00 136.99 95.00 72.95 100.00 VOUCHRE2 01/20/00 14:28 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 2 VOUCHER/ CHECK CHECK NUMBER DATE 60247 01/20/00 60240 01/20/00 60249 01/20/00 60250 01/20/00 60251 01/20/00 60252 01/20/00 60252 01/20/00 60252 01/20/00 60253 01/20/00 60254 01/20/00 60255 01/20/00 60255 01/20/00 60255 01/20/00 60256 01/20/00 60256 01/20/00 60256 01/20/00 60257 01/20/00 60258 01/20/00 60258 01/20/00 60259 01/20/00 60260 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60261 01/20/00 60262 01/20/00 60263 01/20/00 60263 01/20/00 VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 002990 DAVID TURCH & ASSOCIATE DAVIS, CRAIG 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 12/31CHU 000523 EASTERN MUNICIPAL WATER 95366-02 DIEGO DR LDSCP 003623 EXCEL EQUIPMENT & RENTA 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001701 EXCEL RENTAL CENTER 002037 EXPANETS 000478 FAST SIGNS CIRCULAR MAGNETICS: EOC 000478 FAST SIGNS SIGNS FOR TEM VLLY MUSEUM 000478 FAST SIGNS SALES TAX 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 003174 FIREHOUSE MAGAZINE 003347 FIRST BANKCARD CENTER XX-2576:NELSON:PROF MTGS 003347 FIRST BANKCARD CENTER XX-2576:NELSON:LEAGUE CF 001135 FIRST CARE iNDUSTRIAL M PRE-EMPLOYMENT PHYSICALS FORD, STEVE 001989 FOX NETWORK SYSTEMS INC EXT CABLE SET VIDEO/MOUSE/KYBD 001989 FOX NETWORK SYSTEMS INC 7' CAT5 PATCH CABLE 001989 FOX NETWORK SYSTEMS INC CUSTOMER DISCOUNT 001989 FOX NETWORK SYSTEMS INC FREIGHT 001989 FOX NETWORK SYSTEMS INC SALES TAX 001989 FOX NETWORK SYSTEMS INC 20~ CABLE SETS FOR 4XP SWITCH 001989 FOX NETWORK SYSTEMS INC 8~ CABLE SETS FOR 4XP SWITCH 001989 FOX NETWORK SYSTEMS INC CUSTOMER DISCOUNT 001989 FOX NETWORK SYSTEMS INC FREIGHT 001989 FOX NETWORK SYSTEMS INC SALES TAX 002982 FRANCRISE TAX BOARD ' W 002982 ST DED 000184 G T E CALIFORNIA - PAYM 909 197-5072 GENERAL USAGE 000184 G T E CALIFORNIA - PAYM 909 506-1941 GENERAL USAGE ACCOUNT NUMBER JAN/FEB SVC:PURSUE FED FUNDING 001-110-999-5248 REFUND:EROSION CNTRL DEPOSIT 001-2670 001-164-604-5118 193-180-999-5240 HARDWARE SUPPLIES - PW MNTC 001-164-601-5218 JAN REPAIRS:WINCHESTER PK-LINE 190-180-999-5212 JAN REPAIRS:RIVERTON PK-MAIN 190-180-999-5212 JAN REPAIRS:TRADEWINDS HOA 193-180-999-5212 LGHTS:VIP CARS:HOL.PARADE:12/2 190-183-999-5370 TELEPHONE MAINT & REPAIRS 320-199-999-5215 001-110-999-5278 190-185-999-5250 190-185-999-5250 001-162-999-5230 001-111-999-5230 001-150-999-5230 SUBSCRIPTION RENEWAL ONE YEAR 001-171-999-5228 001-110-999-5260 001-110-999-5258 001-150-999-5250 REIMB: PROF MTG ON 01/14/99 001-100-999-5260 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 001-2140 320-199-999-5208 320-199-999-520B ITEM AMOUNT 4,000.00 995.00 904.64 192.98 20.39 93.45 119.00 200.00 129.58 48.00 465.12 128.00 9.92 62.92 39.80 11.~ 27.97 55.39 360.00 275.00 64.63 300.00 120.00 42.00- 10.00 29.14 250.00 510.00 78.00- 36.65 53.01 202.80 5,905.37 55.87 CHECK AMOUNT 4,000.00 995.00 904.64 192.98 20.39 412.45 129.58 48,00 603.04 114.45 27.97 415.39 275.00 64.63 202.80 5,961.24 VOUCHRE2 01/20/00 14:28 VOUCHER/ CHECK CHECK NUMBER DATE 60264 01/20/00 60265 01/20/00 60265 01/20/00 60265 01/20/00 60265 01/20/00 60265 01/20/00 60266 01/20/00 60267 01/20/00 60268 01/20/00 60269 01/20/00 60270 01/20/00 60270 01/20/00 60270 01/20/00 60270 01/20/00 60270 01/20/00 60271 01/20/00 60272 01/20/00 60273 01/20/00 60274 01/20/00 60275 01/20/00 60276 01/20/00 60277 01/20/00 60278 01/20/00 60279 01/20/00 60280 01/20/00 60281 01/20/00 60282 01/20/00 60283 01/20/00 60284 01/20/00 60285 01/20/00 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 002528 GLASS BLASTERS COUNCIL MTGS-PLATES/GLASSES 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES - NR 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES - HR 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES - HR 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES - PLAN 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES - PLAN 004019 GOLDEN STATE FENCE LA SERENA PK:FENCE REPAIR 000711 GRAPHICS UNLIMITED LITN LOGO PRINTS:IOTN ANNIVERSARY 001517 HEALTH & HUMAN RESOURCE 4-EMPLOYEE STRESS TRAINING HOWELL, CHERYL REFUND: SECURITY DEPOSIT DEF CQMP DEF COMP DEF COMP DEF COMP DEF COMP RETIREMENT TRUS 000194 RETIREMENT TRUS 000194 RETIREMENT TRUS 000194 RETIREMENT TRUS 000194 RETIREMENT TRUS 000194 IAN DAVIDSON LANDSCAPE INTEGRA ENGINEERING J P STRIPING ACCOUNT NUMBER 001-100-999-5250 001-150-999-5220 001-150-999-5220 001-150-999-5220 001-161-999-5220 001-161-999-5220 190-180-999-5212 001-100-999-5270 001-150-999-5248 190-2900 001-2080 165-2080 190-2080 193-2080 280-2080 000194 000194 000194 000194 000194 003938 PROF LDSCP DESIGN:2ND ST PKLOT 210-165-828-5802 003684 AERIAL SURVEYING:R,C, SPRT PRK 210-190-174-5802 003868 BIKE LN SIGNING/STRIPING:99-02 210-190-156-5804 002140 JAGUAR COMPUTER SYSTEMS NETWK CLIENT SVC:EMAIL SUPPORT 320-199-999-5248 003971 JODEES CAKES:CITY'S IOTH ANNIVERSARY 001-100-999-5270 002499 L D KING INC DESIGN ADA UPGRADES:R.C.SPT PK 210-190-145-5802 002187 LAKE ELSINORE ANIMAL FR ANIMAL CONTROL SVCS: DEC 99 001-172-999-5255 PW OFFICERS CF:3/8-10:W.HUGHES 001-164-604-5261 000596 LEAGUE OF CALIF CITIES LOWE'S COMPANIES INC. 001865 M C [ TELECOMMUNICATION 003782 MAIN STREET SIGNS REFD:GRADING DEPST LD99-O67GR DEC CELL PHONE SVCS:INFO SYS ROAD MARKERS W/BASES-PW MNTC 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 01/02 HUTSON 001205 MCDERMOTT, TIM K. REIMB:CELL PHONE:10/99-12/99 002887 MCKINLEY EQUIPMENT CORP NAINT SVC FOR RECIP LIFT:N.F. 002952 MINOLTA BUSINESS SYSTEM JAN LEASE OF COPIER AT CRC 001'2670 320"199-999'5208 001-164-601-5244 001'161-999-5118 001-140'999-5208 340'199-702-5212 190-182'999'5239 ITEM AMOUNT 161.63 400.00 51.35 293.74 412.10 311.15 1,750.00 296.31 3,200.00 100.00 1,786.45 250.00 240.00 30.00 83.33 1,621.85 11,980.00 19,057.00 300.00 140.00 3,705.00 4,735.85 325.00 995.00 3.97 639.77 371.52 29.91 110.78 162.70 PAGE 3 CHECK AMOUNT 161.63 1,468.34 1,750.00 296.31 3,200.00 100.00 2,389.78 1,621.85 11,980.00 19,057.00 300.00 140.00 3,705.00 4,735.85 325.00 995.00 3.97 639.77 371.52 29.91 110.78 162.70 VOUCHRE2 CITY OF TEMECULA PAGE 4 01/20/00 14:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHEEK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 60286 01/20/00 004020 HISSION INN FOUNDATION MISSION INN MUSEUM EXCUR:2/24 190-183-999-5350 120.00 120.00 60287 01/20/00 003963 MR TINT 60287 01/20/00 003963 MR TINT TINT GIFT SHOP WNDW PANES:MUS. 210-190-808-5804 TINT 2ND FLR WNDW PANES:MUS. 210-190-808-5804 320.00 216.00 536.00 60288 01/20/00 000718 NATIONAL RECREATION &PA RENEW ANNUAL MMBRSHP:21539:H.P 190-180-999-5226 215.00 215.00 60289 01/20/00 001713 NORRIS REPKE INC 60289 01/20/00 001713 NORRIS REPKE INC 60290 01/20/00 002139 NORTH COUNTY TIMES - AT 60290 01/20/00 002139 NORTH COUNTY TIMES - AT 60290 01/20/00 002139 NORTH COUNTY TIMES - AT 60290 01/20/00 002139 NORTH COUNTY TIMES - AT 60290 01/20/00 002139 NORTH COUNTY TIMES - AT NOV ENG SVCS:IST ST EXTENTION 280-199-807-5802 NOV ENG SVCS:IST ST BRDG:95-08 280-199-807-5802 DISPLAY ADS:VAR.CIP CONST UPDT 001-165-999-5256 DISPLAY ADS-VAR.CIP CONST UPDT 001-165-999-5256 DISPLAY AD FOR PLAN CGNMISSIOR 001-120-999-5254 RECRUITMENT AD:SR REC LEADER 001-150-999-5254 RECRUITMENT AD:REC LEADER 001-150-999-5254 2,805.00 4,498.22 402.62 69.64 53.56 91.84 73.92 7,303.22 691.58 60291 01/20/00 002105 OLD TOWN TIRE & SERVICE 60291 01/20/00 002105 OLD TOWN TIRE & SERVICE 60291 01/20/00 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 001-164-601-5214 001-162-999-5214 113.94 37.81 29.29 181.04 60292 01/20/00 003852 ON TRAC OVERHEAD DOOR C RES IMPROVE PRGM:D.SILVERTHORN 165-199-813-5804 559.00 559.00 60293 01/20/00 002256 P & D CONSULTANTS INC 60293 01/20/00 002256 P & D CONSULTANTS INC 60293 01/20/00 002256 P & D CONSULTANTS INC NOV BLDG INSPECTION SERVICES NOV BLDG INSPECTION SERVICES CRDT:PENDING COUNCIL APPROVAL 001-162-999-5118 001-162-999-5118 001-162-999-5118 60294 01/20/00 003218 PELA NOV-DEC PLAN CK SVCS:PLANNING 001-161-999-5250 9,239.50 6,592.50 6,592.50- 555.00 9,239.50 555.00 60295 01/20/00 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 154.60 154.60 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5215 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-2690 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5242 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5214 60296 0!/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5220 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-171-999-5296 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5220 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-603-5212 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5214 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-111-999-5270 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 16.00 15.45 5.38 7.95 28.80 37.75 16.16 10.78 11.97 25.66 37.71 10.76 42.19 5.38 18,04 7,18 3.63 31.17 25.00 26.94 7.18 VOUCHRE2 CITY OF TEMECULA PAGE 5 01/20/00 14:28 VOUCHER/CHECK REGISTER FOR ALL PERIEX)S VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH 60296 01/20/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 001-164-604-5260 001-165-999-5263 001-150-999'5260 001'1990 190-180-999-5260 001'2690 190-180-999'5263 190-180'999'5212 190-183-999'5320 190-183-999-5320 190-183-999-5320 190-183-999-5320 190"183'999-5370 190-183-999'5370 190-183-999-5320 190'183-999-5320 001-150-999'5261 001-111-999-5222 001-162"999-5260 001-120-999-5222 001'162'999-5260 001-150'999-5265 001-150'999-5265 001'164'601'5218 6.98 27.81 14.82 55.99 19.52 36.94 40.00 48.39 9.28 24.55 12.00 7.85 29.95 8.95 4.08 47.58 35.94 14.58 7.18 12.37 7.84 50.00 50.00 24.05 987.73 60298 0'/20/00 002110 PRIME EQUIPMENT EQUIP RENTAL FOR PW MAINT CREW 001-164-601-5238 495.67 495.67 60299 01/20/00 000947 RANCHO BELL BLUEPRINT C 60299 01/20/00 000947 RANCHO BELL BLUEPRINT C 60299 01/20/00 000947 RANCHO BELL BLUEPRINT C 60299 01/20/00 000947 RANCHO BELL BLUEPRINT C 60299 01/20/00 000947 RANCHO BELL BLUEPRINT C 60299 01/20/00 000947 RANCRO BELL BLUEPRINT C 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60300 01/20/00 000262 RANCHO CALIF WATER DIST 60301 01/20/00 003591 RENES COMMERCIAL MANAGE 60302 01/20/00 0002~ RIGHTWAY DUP BLUEPRINTS:CHS AQUATIC FAC MISC SUPPLIES:IST ST BRDG:9508 MISC SUPPLIES:IST ST BRIDGE DUP BLUEPRINTS:IST ST BRIDGE DUP BLUEPRINTS:IST ST BRIDGE MISC SUPPLIES:PLANNING DEC:01-06-84860-5:28747 PUJOL VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS SPRAY/WEED ABATE:EMP/DEPORTOLA JAN EQUIP RENTAL:RIVERTON PARK 210-190-170-5802 280-199-807-5804 280-199-807-5804 280-199-807-5804 280-199-807-5804 001-161-999-5222 280-199-807-5801 190-180-999-5240 190-181-999-5240 190-182-999-5240 190-184-999-5240 191-180-999-5240 193-180-999-5240 340-199-701-5240 190-185-999-5240 001-164-603-5240 001-164-601-5401 190-180-999-5238 292.54 26.94 91.59 243.99 484.88 45.52 53.52 4,213.29 134.90 863.80 241.61 476.74 3,147.83 469.91 71.72 436.23 3,800.00 62.89 1,185,46 10,109.55 3,800.00 62.89 60303 01/20/00 000353 RIVERSIDE CO AUDITOR NOV 99 PARKING CIT ASSESSMENTS 001-2260 1,145.00 60303 01/LO/O0 000353 RIVERSIDE CO AUDITOR NOV 99 PARKING CIT ASSESSMENTS 001-2265 330.00 1,475.00 VOUCHRE2 CITY OF TEMECULA PAGE 6 01/20/00 14:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 60304 01/20/00 000418 RIVERSIDE CO CLERK & RE RECORDINGS & COPIES:TCSD 190-180-999-5220 18,00 18.00 60305 01/20/00 000271 ROBERT REIN WM FROST & NOV ENG SVCS:DIAZ RD REALIGN 210-165-632-5802 60306 01/20/00 ROMAN CATHOLIC BISHOP 0 REFUND: ENG DEPOSIT:LD98-O73GR 001-2670 2,310.00 995.00 2,310.00 995.00 60307 01/20/00 002743 SAFE & SECURE LOCKSMITH 60307 01/20/00 002743 SAFE & SECURE LOCKSMITH 60307 01/20/00 002743 SAFE & SECURE LOCKSMITH LOCKSMITH SVCS: 6TH ST PARK LOCKSMITH SVCS:MAINT FAC LOCKSMITH SVCS:MAINT FAC 190-180-999-5212 340-199-702-5250 340-199-702-5250 22.00 70.00 15.95 107.95 60308 01/20/00 000278 SAN DIEGO UNION TRIBUNE RATE ADJ - OLD FASH HOLIDAY AD 280-199-999-5362 322.48 322.48 60309 0!/20/00 003801 SELF'S JANITORIAL SERVI 60309 01/20/00 003801 SELF'S JANITORIAL SERVI 60309 01/20/00 003801 SELF'S JANITORIAL SERVI 60309 01/20/00 003801 SELF'S JANITORIAL SERVI 60309 01/20/00 003801 SBLF'S JANITORIAL SERVI 60309 01/20/00 003801 SELFIS JANITORIAL SERVI 60310 01/20/00 000645 SMART & FINAL JAN CUSTODIAL SVCS:VAR PARK RR 190-180-999-5250 JAN CUSTOOIAL SVCS:VAR PARK RR 001-164-603-5250 JAN CUSTBOIAL SVCS:DUCK POND 190-180-999-5250 JAN CUSTODIAL SVCS:TVHS RR 190-180-999-5250 JAN CUSTODIAL SVCS:T.H.RR 190-180-999-5250 JAN CUSTODIAL SVCS:PK SHELTERS 190-180-999-5212 SUPPLIES:HOL.WREATH MTG:12/02 280-199-999-5362 2f310.00 210.00 210.00 210.00 630.00 400.00 63.34 3,970.00 63.34 60311 01/20/00 000537 SO CALIF EDISON 60312 01/20/00 002361 SO CALIF FPOS JAN:2-00-397-S059:COMM SVC UTL 190-180-999'5240 SPRINKLER PL REV.WRKSHP:R.D. 001-171-999-5261 2,743.99 40.00 2,743.99 40.00 60313 01/20/00 002361 SO CALIF FPOS SPRINKLER PL REV.WRKSHP:D.M. 001-171-999-5261 40.00 40.00 60314 01/20/00 001212 SO CALIF GAS COMPANY JAN:O21-725-O775-4:SR CENTER 190-181-999-5240 60314 01/20/00 001212 SO CALIF GAS COMPANY JAN:101-525-O950-O:TCC 190-184-999-5240 60314 01/20/00 001212 SO CALIF GAS COMPANY JAN:133-O40-7373-O:MAINT FAC 340-199-702-5240 60314 01/20/00 001212 SO CALIF GAS COMPANY JAN:181-383-8881-6:T.V.MUSEUM 190-185-999-5240 150.90 140.79 194.89 176.87 663.45 60315 01/20/00 001972 STANLEY R HOFFMAN ASSOC CONVERT FISCAL MODEL TO EXCEL 001-110-999-5248 60316 01/20/00 003449 T H E SOILS COMPANY UPDT ASSESSMENT RPT:42220 6TH 165-199-999-5250 2,430.00 900.00 2,430.00 900.00 60317 01/20/00 000305 TARGET STORE REC SUPPLIES:MPSC 190-181-999-5301 60317 0/20/00 000305 TARGET STORE REC SUPPLIES:MPSC 190-181-999-5301 7S.78 78.16 151.94 60318 01/20/00 000168 TEMECULA FLOWER CORRAL SUNSHINE FUND 001-2170 60318 01/20/00 000168 TEMECULA FLOWER CORRAL FLORAL DECOR:MUS.GRAND OPENING 190-185-999-5301 105.49 232.74 338.23 60319 01/20/00 000307 TEMECULA TROPHY COMPANY RECOGNITION PRGM: M.WOLFF 001-150-999-5265 106.68 106.68 60320 01/20/00 003149 TERRA CAL CONSTRUCTION 60320 01/20/00 003149 TERRA CAL CONSTRUCTION 60320 01/20/00 003149 TERRA CAL CONSTRUCTION 60320 01/20/00 003149 TERRA CAL CONSTRUCTION 60320 01/20/00 003149 TERRA CAL CONSTRUCTION 60320 01/20/00 003149 TERRA CAL CONSTRUCTION 60320 01/20/00 003149 TERRA CAL CONSTRUCTION SEP C/O PMT#11:DUCK PND:97-17 210-190-143-5804 RET W/H PMT#11:DUCK PD:97-17 210-2035 SEP PRGS PMT#11:DUCK PND:97-17 210-190-143-5804 CR:LN#77:ADJ-CORRECT TOTAL DUE 210-190-143-5804 REVERSE RETENTION-CM#11 210-2035 CR:C/O#1 EXCEEDS CONTRACT AMT 210-190-143-5804 REVERSE RETENTION:CM:SEP11/17C 210-2035 19,015.53 2,221.55- 3,200.00 40,00- 4.00 1.00- .10 19,957.08 VOUCHRE2 CITY OF TEMECULA PAGE 7 01/20/00 14:28 VOUCHER/CHECK REGISTER FOR ALL PERZOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 60321 01/20/00 000668 TIMMY D PRODUCTIONS PA SYSTEM:MUSEUM GRAND OPENING 190-185-999-5250 125.00 125.00 60322 01/20/00 002111 TOGOS RESTAURANT REFRESHMENTS:COUNCIL MTG:l/18 001-100-999-5260 121.10 121.10 60323 01/20/00 001483 TOM DOOSON & ASSOCIATES DEC PROF SVCS:REGIONAL CENTER 001-2620 542.00 542.00 60324 01/20/00 003858 TOM RONEY ROOFING 60325 01/20/00 002452 TOP LiNE INDUSTRIAL RES IMPROVE PRGM: D. BARNES 165-199-813-5804 MAINT SUPPLIES:PW PATCH TRUCK 001-164-601-5214 5,000.00 104.73 5,000.00 104.73 60326 01/20/00 000320 TOWNE CENTER STATIONERS MISC OFFICE SUPPLIES:B&S 001-162-999-5220 165.26 165.26 60327 01/20/00 001065 U S C M/PEBSCO 60327 01/20/00 001065 U S C M/PEBSCO 60327 01/20/00 001065 U S C M/PEBSCO 60327 01/20/00 001065 U S C M/PEBSCO 60327 01/20/00 001065 U S C M/PEBSCO 60327 01/20/00 001065 U S C M/PEBSCO 60327 01/20/00 001065 U S C M/PEBSCO 60327 01/20/00 001065 U S C M/PEBSCO DEF. C 001065 DEF COMP 001-2080 8,350.15 DEF. C 001065 DEF COMP 165-2080 278.66 DEF. C 001065 DEF COMP 190-2080 1,762.28 DEF. C 001065 DEF COMP 193-2080 46.67 DEF. C 001065 DEF COMP 280-2080 153.66 DEF. C 001065 DEF COMP 300-2080 83.33 DEF. C 001065 DEF COMP 320-2080 666.66 DEF. C 001065 DEF COMP 340-2080 181.06 60328 01/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 001-2160 1,321.70 60328 01/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 165-2160 88.56 60328 01/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 190-2160 674.46 60328 01/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 193-2160 23.38 60328 0'/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 280-2160 ' 94.88 60328 01/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 320-2160 192.64 60328 01/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 330-2160 33.78 60328 01/20/00 000389 U S C M/PEBSCO COBRA) 000389 PT RETIR 340-2160 62.14 60329 01/20/00 002706 U S POSTAL SERVICE QTR DELV STATS RPT SUB RENEWAL 190-180-999-5228 22.50 11,522.47 2,491.54 22.50 60330 01/20/00 002065 UNISOURCE MISC PAPER SUPPLIES:COPY CTR 330-199-999-5220 1,025.78 60331 01/20/00 000325 UNITED WAY 000325 UW 001-2120 302.38 60331 01/20/00 000325 UNITED WAY 000325 UW 165-2120 11.00 60331 01/20/00 000325 UNITED WAY 000325 UW 190-2120 30.60 60331 01/20/00 000325 UNITED WAY 000325 UW 193-2120 1.60 60331 01/20/00 000325 UNITED WAY 000325 UW 194-2120 .20 60331 01/20/00 000325 UNITED WAY 000325 UW 280-2120 3.50 60331 01/20/00 000325 UNITED WAY 000325 UW 300-2120 1.62 60331 01/20/00 000325 UNITED WAY 000325 UW 320-2120 9.00 60331 01/20/00 000325 UNITED WAY 000325 UW 330-2120 2.50 60331 01/20/00 000325 UNITED WAY 000325 UW 340-2120 .60 1,025.78 363.00 60332 01/20/00 001342 WAXIE SANITARY SUPPLY 60332 01/20/00 001342 WAXIE SANITARY SUPPLY 60332 01/20/00 001342 WAXIE SANITARY SUPPLY 60332 01/20/00 001342 WAXIE SANITARY SUPPLY 60332 01/20/00 001342 WAXIE SANITARY SUPPLY CREDIT: ITEMS RETURNED CRC MAINTENANCE SUPPLIES MAINT SUPPLIES:VARIOUS PARKS MAINT SUPPLIES:VARIOUS PARKS MAINT SUPPLIES:MAINT FAC 190-182-999-5212 190-182-999-5212 190-180-999-5212 190-180-999-5212 340-199-702-5212 43.92- 307.35 193,25 43.80 547.15 1~047,63 VOOCHRE2 CITY OF TEMECULA PAGE 8 01/20/00 14:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 60333 01/20/00 60334 01/20/00 60335 01/20/00 60335 01/20/00 60335 01/20/00 60335 01/20/00 60335 01/20/00 60335 01/20/00 60336 01/20/00 60336 01/20/00 60336 01/20/00 60336 01/20/00 60336 01/20/00 60336 01/20/00 60337 01/20/00 VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER 001650 WEARGUARD CORPORATION 003970 WESTCON ELEVATOR INC 002092 WINTER GRAPHICS SOUTH 002092 WINTER GRAPHICS SOUTH 002092 WINTER GRAPHICS SOUTH 002092 WINTER GRAPHICS SOUTH 002092 WINTER GRAPHICS SOUTH 002092 WINTER GRAPHICS SOUTH 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI ZD JOURNALS FIELD JACKETS-TCSD MAINT CREW 190-180-999-5243 ELEV MAINT/INSPECTION:MUSEUM 190-185-999-5212 INITIAL DESIGN-HOLIDAY BANNER 4 DIFF HOLIDAY BANNER DESIGNS SALES TAX NEW LAYOUT PROO/P.E. ROD RUN ZIP DISK FOR TRANSPORT SALES TAX 001-111-999-5270 001-111-999-5270 001-111-999-5270 001-111-999-5270 001-111-999-5270 001-111-999-5270 REPAIR/MAINT OF DC220 COPIER 330-199-999-5217 NOV INTEREST ON LEASE OF DC220 330-199-999-5391 NOV LEASE OF DC220 COPIER 330-2800 OCT-DEC BASE CHRG:5012 COPIER 330-199-999-5217 OCT-DEC BASE CHRG:2510 COPIER 330-199-999-5239 DEC METER USAGE:5765 COPIER 330-199-999-5239 SUB:INSIDE MICROSOFT FRONTPAGE 320-199-999-5228 ITEM AMOUNT 204.87 105.00 100.00 250.00 27.12 100.00 15.00 8.91 77.57 59.45 115.95 66.00 436.78 492.56 89.00 CHECK AMOUNT 204,87 105,00 501.03 1,248.31 89.00 TOTAL CHECKS 185,254.11 VOUCHRE2 CITY OF TEMECULA PAGE 10 01/27/00 12:58 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COHHUNITy SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPHENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE AMOUNT 185,360.90 7,091.28 19,294.03 15,209.00 26,643.10 7~313.95 113.84 157,478.27 865.78 713.33 6,285.25 763.36 2,500.79 1,014,48.t.96 TOTAL 1,444,116.84 VOUCHRE2 CITY OF TEMECULA PAGE 1 01/27/00 12:58 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 125 01/25/00 003228 U S BANK TRUST NATIONAL RDA TABS DEBT SERVICE PAYMENT 380-1040 1,014,483.96 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 19,665.01 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 603.49 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 3,661.09 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 9.08 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 362,53 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 37.08 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 287.04 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 49.75 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 1,013.10 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 115.51 54823 01/26/00 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 520.60 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 5~023.71 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 139.59 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 1o087,45 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2,50 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 97.78 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 10.16 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 86.39 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 25.49 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 218.76 54823 01/26/00 000283 iNSTATAX (IRS) 000283 MEDICARE 330-2070 41.22 54823 01/26/00 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 153.19 1,014,483.96 33,210.52 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 001-2070 67.43 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 165-2070 1.90 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 190-2070 42.34 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 193-2070 1.56 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 280-2070 5.00 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 320-2070 12.84 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 330-2070 2.25 55069 01/26/00 000444 INSTATAX (EDD) 000444 SDI 340-2070 4.14 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 001-2070 5°255.99 55069 01/26/00 000444 IRSTATAX (EDD) 000444 STATE 165-2070 170.92 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 190-2070 756.50 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.55 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 193-2070 64.98 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 194-2070 5.87 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 280-2070 72.16 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 300-2070 15.10 55069 0q/26/00 000444 INSTATAX (EDD) 000444 STATE 320-2070 228.03 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 330-2070 23.33 55069 01/26/00 000444 INSTATAX (EDD) 000444 STATE 340-2070 102.87 60341 01/27/00 002786 4N6XPRT SYSTEMS EXPERT AUTO SOFTWARE UPDATE 171.38 6,834.76 171.38 60342 60343 60343 01/27/00 01/27/00 01/27/00 004033 AMERICAN LEGION POST 85 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 99-00 COMM SERVICE FUNDING PRM 001-101-999-5267 TEMP HELP W/E 12/4 CORHIN 001-150-999-5118 TEMP HELP W/E 12/4 ORTEGA 190-180-999-5118 2,000.00 204.75 117.00 2,000.00 VOUCHRE2 CITY OF TEMECULA PAGE 3 01/27/00 12:58 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 60361 01/27/00 VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER EASTER, PAMELA REFUND:GYMNASTICS-KINDER TNBLR 190-185~4982 ITEM AMOUNT 15.00 CHECK AMOUNT 15.00 60362 01/27/00 60363 01/27/00 60363 01/27/00 60363 01/27/00 60363 01/27/00 60363 01/27/00 60364 01/27/00 60364 01/27/00 60364 01/27/00 60365 01/27/00 60365 01/27/00 60365 01/27/00 60366 01/27/00 60366 01/27/00 60366 01/27/00 60367 01/27/00 60368 01/27/00 60368 01/27/00 60568 01/27/00 60568 01/27/00 60368 01/27/00 60368 01/27/00 60369 01/27/00 60369 01/27/00 60369 01/27/00 60369 01/27/00 60370 01/27/00 60371 01/27/00 60372 01/27/00 60373 01/27/00 60374 01/27/00 60374 01/27/00 60375 01/27/00 60376 01/27/00 002438 ENGEN CORPORATION 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 002057 EXPANETS 002057 EXPANETS 002037 EXPANETS 000478 FAST SIGNS 000478 FAST SIGNS 000478 FAST SIGNS 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS 000165 FEDERAL EXPRESS INC FILMS FOR THE HUMANITIE 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 005547 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003547 FIRST BANKCARD CENTER 000170 FRANKLIN QUEST COHPANY 000170 FRANKLIN QUEST COMPANY 000170 FRANKLIN QUEST COMPANY 000170 FRANKLIN QUEST COMPANY 000184 G T E CALIFORNIA - PAYM 000173 GENERAL BiNDiNG CORPORA 002528 GLASS BLASTERS 001517 HEALTH & HUMAN RESOURCE 002906 HEMET FENCE COMPANY 002906 HEMET FENCE COMPANY 005190 HEMET TEMECULA EMPLOYER 002787 IDENTICATOR CORPORATION GEOTECHNICAL SVC:OVRLD OVRCROS 210-165-604-5804 JAN LDSCP REPAIRS:SPTS PARK 190-180-999-5212 JAN LDSCP REPAIRS:RANCHO CAL R 193-180-999-5212 JAN LDSCP REPAIRS:WINCHESTER 193-180-999-5212 JAN LDSCP REPAIRS:RANCHO VISTA 193-180-999-5212 JAN LDSCP REPAIRS: SPORTS PRK 190-180-999-5212 TELEPHONE MAINT & REPAIRS TELEPHONE MAINT & REPAIRS TELEPHONE MAINT & REPAIRS 520-199-999-5215 320-199-999-5215 320-199-999-5215 VIP AUTO SIGNS:ELECT PARADE BALEB TAX BUS ROUTE PUBLIC PRKING SIGNS 190-183-999-5370 190-183-999-5370 280-199-999-5562 EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 001-111-999~5250 001-165-999-5250 001-162-999-5230 VHS VIDEO"MY JACK LONDON"#763 190-185-999-5301 XX-5288 S.JONES:MINDSPRING 320-199-~9-5211 XX-52~ S.JONES:REFRESH C.MTG 001-100-999-5260 XX-5288 S.JONES:FINANCE CHARGE 001-120-999-5250 XX-5288 S.JONES:SW TICKET:TH 520-199-999-5258 XX-5288 S,JONES:DEPT STAFF MTG 001-120-999-5260 XX-5288 S.JONES:FAMOUS-REIMB 001-1170 PLANNER & DAYTIMES FOR FIRE SALES TAX PLANNER TABS - FIRE DEPT SALES TAX 001'171'999'5220 001'171'999'5220 001'171-999-5220 909 197-0073 GENERAL USAGE 320-199-999-5208 MISC BINDERS AND SUPPLIES 330-199-999-5220 CITY MUGS FOR NEW HIRES 001-150-999-5265 EMPLOYEE ASSISTANCE PRGM 001-150-999-5248 INV EXCEEDS CONTRACT:JIMENEZ 165-199-813-5804 RESIDENTIAL IMPROV:JIMENEZ,L. 165-199-813-5804 MEMBERSHIP DUES: DEMISE LANIER 001-150-999-5226 4 LE-110 DIGIT 10 REPLCMNT KIT 001-170-999-5229 567.50 282.23 22.25 156.47 69.78 154.02 48.00 176.00 48,00 50.00 3.88 58.25 10.12 10.12 52.24 80.75 264.40 68.85 .50 170.00 198.55 48.99 48.00 4.11 8.80 .29 1#878.15 452.45 17.24 434.35 176.00- 656.00 20.00 359.88 567.50 684.75 272.00 112.11 72.48 80.75 751.29 61.20 1,878.15 452.45 17.24 454.35 480.00 20.O0 359.88 VOUCHRE2 01/27/00 12:58 VOJCHER/ CHECK CHECK RUMBER DATE 60343 01/27/00 60344 01/27/00 60345 01/27/00 VENDOR VENDOR NUMBER NAME 000101 APPLE ONE, INC. AYALA, ROSEMARIE 003221 BEAL, KELLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT DESCRIPTION NUMBER TEMP HELP W/E 12/4 LICHTENBERG 190-180-999-5118 REFUND: SECURITY DEPOSIT 190-2900 EE COMPUTER PURCHASE PRGM 001-1175 ITEM AMCXJNT 330.20 100.00 1,616.23 PAGE 2 CHECK AMOUNT 651.95 100.00 1,616.23 60346 01/27/00 60347 01/27/00 60348 01/27/00 60348 01/27/00 60348 01/27/00 60349 01/27/00 60349 01/27/00 60349 01/27/00 60349 01/27/00 60350 01/27/00 60351 01/27/00 60351 01/27/00 60351 01/27/00 60352 01/27/00 60353 01/27/00 60354 01/27/00 60355 01/27/00 60356 01/27/00 60357 01/27/00 60358 01/27/00 60359 01/27/00 60360 01/27/00 60360 01/27/00 60360 01/27/00 60360 01/27/00 60360 01/27/00 60360 01/27/00 60360 01/27/00 60360 01/27/00 60360 01/27/00 003817 BLUE RIDGE MEDICAL PHARMACEUTICALS 4/MEDIC SQUAD 001-171-999-5242 CALIF PUBLIC EMPLOYERS MEMBERSHIP DUES: YATES, GRANT 001-150-999-5226 003577 CALIF STATE BOARD OF EQ SALES TAX REMITTANCE:JAN-DEC99 001-2060 003577 CALIF STATE BOARD OF EQ SALES TAX REMITTANCE:JAN-DEC99 001-2135 003577 CALIF STATE BOARD OF EO SALES TAX REMITTANCE:JAN-DEC99 001-2175 002534 CATERERS CAFE 002534 CATERERS CAFE 002534 CATERERS CAFE 002534 CATERERS CAFE PROFESSIONAL MTGS: PLANNING 001-161-999-5260 QTRLY EMPLOYEES LUNCHON 001-150-999-5265 REFRESHMENTS:EVERY 15 NIN PRGM 001-2690 SALES TAX 001-2690 CHAN, GARWIN 000137 CHEVRON U S A INC 000137 CHEVRON U S A INC 000137 CHEVRON U S A INC 4 BETA VIDEO TAPES:15 HIM PRGM 001-2690 FUEL EXPENSE FOR CITY VEHICLES 001-110-999-5263 FUEL EXPENSE FOR CITY VEHICLES 001-165-999-5263 FUEL EXPENSE FOR CITY VEHICLES 001-164-601-5263 CHRISTMAN, TIFFANY REFUND: TINY TOTS-TERRIFIC 3IS 190-183-4982 004017 COMERCHERO, JEFF REIMB:LEAGUE:6/24-25:SAN JOSE 001-100-999-5258 001923 CONVERSE CONSULTANTS GEOTECHNICAL SV:PUBLIC LIBRARY 210-199-129-5802 003625 DAVIS, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 002954 DIAMOND GARAGE DOOR INC RESIDENTIAL IMPROV:GARCIA,R. 165-199-813-5804 DIRECT CINEMA Lmtd VHS VIDEO FOR MUSEUM:COWHAND'S 190-185-999-5301 001673 DIVERSIFIED TEMPORARY S TEMP HELP W/E 01/09 WIGHTMAN 001-111-999-5118 DOWNEY, DAVID REFUND: SECURITY DEPOSIT 190-2900 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 ~ILLIAMS 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 SALAZAR 001380 E S I EMPLOYMENT $ERVIC TENP HELP W/E 01/14 CHUITONY 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 MILES 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 MILES 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 MILES 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 THORNSLEY 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 DEGANGE 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 01/14 HILLBERG 001-162-999-5118 001-162-999-5118 001-164-604-5118 001-163-999-5118 001-165-999-5118 001-164-604-5118 001-161-999-5118 001-161-999-5118 165-199-999-5118 264.88 160.00 115.14 239.54 .68- 65.65 1,501.50 210.00 16.28 55.98 25.79 13.33 32.75 40.50 162.19 3,583.35 200.00 90O.O0 45.00 260.00 100.00 438.62 464.80 1,644.80 306.28 306.28 306.28 2,421.77 2,940.80 1,644.80 264.88 160.00 354.00 1,793.43 55.98 71.87 40.50 162.19 3,583.35 200.00 900.00 45.00 260.00 100.00 10,474.43 VOUCHRE2 CITY OF TEMECULA PAGE 4 01/27/00 12:58 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 60377 01/27/00 003670 INLAND OVERHEAD DOOR CO FIRE STATION GARAGE DOOR REPAR 001-171-999-5212 60378 01/27/00 000750 INTOXIMETERS INC INTOXILYZER REPAIRS:POLICE DPT 001-170-999-5242 147,50 259,69 147.50 259.69 60379 01/27/00 JOHN WILEY & SONS, INC. ADDTL CHRGES:MIND ORGANIZATION 001-110-999-5228 60380 01/27/00 001123 KNOX INDUSTRIAL SUPPLIE SUPPLIES FOR STENCIL TRUCK 001-164-601-5218 60380 01/27/00 001123 KNOX INDUSTRIAL SUPPLIE SALES TAX 001-164-601-5218 2.70 646.35 50.09 2.70 696.44 60381 0i/27/00 001973 LA SALLE LIGHTING SERVI C.HALL PRKING LOT LIGHT REPAIR 340-199-701-5212 476.50 476.50 60382 01/27/00 LAW ENFORCEMENT INTERNE SCHOOL VIOLENCE SEM:GOSS:1/13 001-170-999-5261 195.00 195.00 60383 01/27/00 000482 LEIGHTON & ASSOCIATES I GEOTECHNICAL SVC:I-15/WINCHEST 210-165-697-5804 610.00 610.00 60384 01/27/00 003~9 M C SERVICES RESIDENTIAL IMPRV:P,ALEGRIA 165-199-813-5804 60384 01/27/00 003669 M C SERVICES RESIDENTIAL IMPRV:M,SAUCEDO 165-199-813-5804 60385 01/27/00 003782 MAIN STREET SIGNS TEMP."NO PARKING" SIGNS 001-164-601-5244 60385 01/27/00 003782 MAIN STREET SIGNS SALES TAX 001-164-601-5244 60386 01/27/00 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 01/09 HUTSON 001-161-999-5118 60386 01/27/00 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 1/16 HUTSON 001-161-999-5118 1,250.00 1,200.00 1,287.50 99.78 464.40 464.40 2,450.00 1~387.28 928.80 60387 01/27/00 000220 MAURICE PRINTERS 60387 01/27/00 000220 MAURICE PRINTERS EMPLOYMENT APPLICATION FORMS 001-150'999'5222 SALES TAX 001-150-999-5222 445,00 34.49 479,49 60388 01/27/00 001384 MINUTEMAN PRESS QTY 1000 LETTERHEAD:CITY CLERK 001-120'999'5222 603~ 01/27/00 001384 MINUTEMAN PRESS QTY 1000 ENVELOPES:CITY CLERK 001-120-999'5222 60388 01/27/00 001384 MINUTEMAN PRESS BUSINESS CARDS:R.PREISENDANZ 001-161-999-5222 60388 01/27/00 001384 MINUTEMAN PRESS SALES TAX 001-161-999-5222 60388 01/27/00 001384 MINUTEMAN PRESS BUS.CARDS:DOMENOE/GOLLOGLY 001'170-999-5222 60388 01/E7/00 001384 MINUTEMAN PRESS BUS.CARDS:BLANK 001-170-999-5222 60388 01/27/00 001384 MINUTEMAN PRESS SALES TAX 001-170-999-5222 60388 01/27/00 001384 MINUTEPJ~N PRESS BUSINESS CARDS:J.COMERCHERO 001-100-999-5222 60388 01/27/00 001384 MINUTEMAN PRESS SALES TAX 001-100-999-5222 60388 01/27/00 001384 MINUTEMAN PRESS BUSINESS CARDS:H.PARKER 190-180-999'5222 60388 01/27/00 001384 MINUTEMAN PRESS SALES TAX 190'180'999'5222 60388 01/27/00 001384 MINUTEMAN PRESS BUSINESS CARDS:K.HARRINGTON 190'180'999'5222 60388 01/27/00 001384 MINUTEMAN PRESS SALES TAX 190-180-999-5222 ~.22 95.26 58.25 2,96 205.00 53.65 20.05 102.50 7.94 102.50 7.94 102.50 7.94 810.71 60389 01/27/00 000973 MIRACLE RECREATION EQUI MAINTENANCE SUPPLIES:TCSD 190-180-999-5212 60390 01/27/00 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-170-999-5262 60390 01/27/00 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-164-601-5263 60391 01/27/00 000883 MONTELEONE EXCAVATING REMOVE SILT/DEBRIS:YNEZ/OVRLND 001-164-601-5401 60392 01/27/00 NEFF, GEMI REFUND: GYMNASTICS-BEGINNING 190-183-4982 60393 01/27/00 003382 O~GRADY, JAMES B. COMPUTER LOAN PRGM:J.O'GRADY 001-1175 1.29 165.10 60,38 2,500.00 16,00 1,505.27 1.29 225,48 2,500.00 16.00 1,505,27 VOUCHRE2 CITY OF TEMECULA PAGE 5 01/27/00 12:58 VOdCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEH AMOUNT CHECK AMOUNT 60394 01/27/00 002292 OASIS VENDING KITCHEN SUPPLY SERVICE:CTY HAL 340-199-701-5250 578.24 578.24 60395 01/27/00 002256 P & D CONSULTANTS INC BLDG INSPECTION SVC ENDING OCT 001-162-999-5118 60395 01/27/00 002256 P & D CONSULTANTS INC BLDG INSPECTION SVD ENDING OCT 001-162-999-5118 10,760.50 7,456.50 60396 01/27/00 003021 PACIFIC BELL MOBILE $ER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 60396 01/27/00 003021 PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICE 001-100-999-5208 001-110-999-5208 001-150-999-5208 320-199-999-5208 001-163-999-5200 001-164-601-5208 001-164"602-5208 001-164-604-5208 001-161-999-5208 280-199-999-5208 001-120-999-5208 001-162-999-5208 001-140-999-5208 190-180-999-5208 001-165-999-5208 787.62 215.74 250.05 267.10 160.19 53.40 55.47 109.83 55.79 669.78 530.26 605.28 4,005.74 60397 01/27/00 0007'33 PARTY PZAZZ 60397 01/27/00 0007'33 PARTY PZAZZ 60397 01/27/00 000733 PARTY PZAZZ DANCE FLOOR-IOTH ANNIV CELEBR. 001-100-999-5270 FREIGHT 001-100-999-5270 CREDIT: ITEMS NOT ORDERED 001-100-999-5270 293.54 20.00 91.58- 221.96 60398 01/27/00 002331 PEP BOYS INC MISC. SUPPLIES FOR P~ MAINT. 001-164-601-5218 17.22 17.22 60399 01/27/00 000246 60399 01/27/00 000246 60399 01/27/00 000246 60399 01/27/00 000246 60399 01/27/00 000246 60399 01/27/00 000246 60399 01/27/00 000246 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS 60399 01/27/00 000246 PERS PERS EMPLOYEES' RETIRE PERS EMPLOYEESI RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEESI RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEESI RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEESI RETIRE 000246 PERS RET 001-2390 24,621.22 000246 PERS RET 165-2390 698.71 000246 PERS RET 190-2390 4,213.78 000246 PERS RET 191-2390 12.68 000246 PERS RET 193-2390 438.75 000246 PERS RET 194-2390 52.09 000246 PERS RET 280-2390 300.25 000246 PERS RET 300-2390 128.62 000246 PERS RET 320-2390 661.06 000246 PERS RET 330-2390 147.67 000246 PERS RET 340-2390 596.47 000246 PERS-PRE 001-2130 186.31 000246 PERS-PRE 190-2130 11.24 000246 PERS-PRE 191-2130 2.81 000246 PERS~PRE 193-2130 33.72 000246 PERS-PRE 194-2130 8.42 000246 SURVIVOR 001-2390 87.75 000246 SURVIVOR 165-2390 1.87 000246 SURVIVOR 190-2390 17.38 000246 SURVIVOR 191-2390 .05 000246 SURVIVOR 193-2390 1.79 000246 SURVIVOR 194-2390 000246 SURVIVOR 280-2390 .92 000246 SURVIVOR 300-2390 .46 VOUCHRE2 CITY OF TEMECULA PAGE 6 01/27/00 12:58 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEH AMOUNT CHECK AMOUNT 60399 01/27/00 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 1.86 60399 01/27/00 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 60399 01/27/00 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.65 32,229.68 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5222 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5222 60400 0./~7/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5222 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-2690 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-111-999-5270 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5250 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5220 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5261 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 60400 01/27/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 11.83 19.00 19.00 19.00 35.20 20.78 19,00 13,66 5,28 26.76 13,99 7,57 25,00 27.45 9,02 32,28 30,00 9.74 23.79 2.13 20.00 33.71 28.00 15.00 14.48 2.40 484.07 60401 01/27/00 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PW99-16 001-120-999-5256 71.44 71.44 60402 01/27/00 003687 QUEST ENVIRONMENTAL REMOVAL OF HAZ-MAT MATERIAL 001-164-601-5430 570.00 570.00 60403 01/27/00 000635 R & J PARTY PALACE SUPPLIES:MUSEUM GRAND OPENING 190-185-999-5250 60403 01/27/00 000635 R & J PARTY PALACE SUPPLIES:MUSEUM GRAND OPENING 190-185-999-5250 60403 01/27/00 000635 R & J PARTY PALACE SUPPLiES:MUSEUM GRAND OPENING 190-185-999-5250 200.00 200.00 112.68 512.68 60404 01/27/00 000947 RANCHO BELL BLUEPRINT C DUP.BLPRNTS:A.ARAGON:99-21CSD 210-190-169-5801 60404 01/27/00 000947 RANCHO BELL BLUEPRINT C DUP.BLUEPRINTS:PALA BRDG:97-15 210-165-631-5804 328.75 109.91 438.66 60405 01/27/00 000262 RANCHO CALIF WATER DIST 60405 01/27/00 000262 RANCHO CALIF WATER DIST 60405 01/27/00 000262 RANCHO CALIF WATER DIST 60405 01/27/00 000262 RANCHO CALIF WATER DIST 60405 01/27/00 000262 RANCHO CALIF WATER DIST 60405 01/27/00 000262 RANCHO CALIF WATER DIST DEC:O1-O2-BBOOO-O:PAUBA RD DC DEC:O1-O2-98010-0:STN #84 VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS 60405 01/27/00 000262 RANCHO CALIF WATER DIST VARIDUS WATER METERS 60405 01/27/00 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 001-171-999-5240 001-171-999-5240 190-180-999-5240 191-180-999-5240 193-180-999-5240 190-180-999-5240 191-180-999-5240 193-180-999-5240 12.37 303.41 1,005.10 97.70 1,731.35 1,183.51 68.04 4,305.78 8,707.26 VOUCHRE2 CITY OF TEMECULA PAGE 7 01/27/00 12:58 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 60406 01/27/00 002654 RANCNO FORD LINCOLN HER DUPL.KEYS FOR NEW VEHICLE-FIRE 001-171-999-5214 50.00 60406 01/27/00 002654 RANCHO FORD LINCOLN MER SALES TAX 001-171-999-5214 3.88 53.88 60407 01/27/00 000526 REGENTS OF UNIVERSITY 0 LDSCP QUALITY SEM:KH/RS:4/05 190-180-999-5261 288.00 288.00 60408 01/27/00 003591 RENES COMMERCIAL MANAGE HERBICIDE APPLICATION:BIKE TRL 190-180-999-5212 275.00 60408 01/27/00 003591 RENES COMMERCIAL MANAGE MACHINE WEEDING:BIKE TRAIL 190-180-999-5212 100.00 60408 01/27/00 003591 RENES COMMERCIAL MANAGE k~) ABATE/SPRAY:DEPORTOLA CHNL 001-164-601-5401 675.00 60408 01/27/00 003591 RENES COMMERCIAL MANAGE PEST CONTROL:S.GERTRUDIS TRAIL 190-180-999-5212 75.00 1,125.00 60409 01/27/00 003698 RIVERSIDE CO ECON{~HIC MARKETING AGREEMENT:SW RVSD CO 001-111-999-5264 75,000.00 75,000.00 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO APR EMERG, RADIO RENTAL: P.D. 001-170-999-5258 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO MAY EMERG. RADIO RENTAL:P.D. 001-170-999-5238 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO AUG EMERG. RADIO RENTAL: P.D. 001-170-999-5238 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO JUL EMERG. RADIO RENTAL: P.D. 001-170-999-5238 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO JUN EMERG. RADIO RENTAL: P.D. 001-170-999-5258 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO SEPT EMERG. RADIO RENTAL:P.D. 001-170-999-5238 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO NOV EMERG. RADIO RENTAL:P.D. 001-170-999-5238 705.04 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO DEC EMERG. RADIO RENTAL:P.D. 001-170-999-5238 705.04 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO CREDIT:CHRGS PAID BY DISPATCH 001-170-999-5238 2,996.40- 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO CREDIT:CHRGS PAID BY DISPATCH 001-162o999-5238 249.70- 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO DEC EMERG. RADIO RENTAL: P.D. 001-170-999-5258 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO ANTENNA FOR MOTOR 3:TEM.P.D. 001-170-999-5214 64.12 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO NOV EMERG. RADIO RENTAL: P.D. 001-170-999-5238 205.64 60410 01/27/00 001592 RIVERSIDE CO INFORMATIO OCT EMERG RADIO RENTAL:POLICE 001-170-999-5238 205.64 78.86 60411 01/27/00 000271 ROBERT BEIN WM FROST & DEC PROF SVCS:SR795/SANTIAGO 210-165-662-5802 1,003.75 60411 01/27/00 000271 ROBERT REIN ~ FROST & DEC PROF SVCS:SR795/SANTIAGO 210-165-705-5802 371.25 1,375.00 60412 01/27/00 002743 SAFE & SECURE LOCKSMITH LOCKSMITH SERVICES:STN #84 001-171-999-5212 45.00 45.00 60413 01/27/00 SAFE ALTERNATIVES FOR E TCKT:S.A.F.E.:R.ROBERTS:2/IO 001-100-999-5260 75,00 75,00 60414 01/27/00 002384 SECURE BUSINESS COMMUNI AUDIO/VIDEO MAINTENANCE SVCS 320-199-999-5250 600.00 600.00 60415 01/27/00 SHADLEI LISE REFUND: TINY TOTS-TERRIFIC 3'S 190-183'4982 47.00 47,00 60416 01/27/00 000645 SMART & FINAL INC RSCREATION SUPPLIES FOR MPSC 190-181-999-5301 104.71 60416 01/27/00 000645 SMART & FINAL INC RECREATION SUPPLIES FOR MPSC 190-181-999-5301 101.01 205.72 60417 01/27/00 003002 SMOOTHILL SPORTS DISTRI SKATE PARK EQUIPMENT 190-183-999-5505 419.46 60417 01/27/00 003002 SMOOTHILL SPORTS DISTRI ELBOW PADS-SMALL:SKATE PARK 190-183-999-5305 205.20 60417 01/27/00 003002 SMOOTHILL SPORTS DISTRI ELBOW PADS-LARGE:SKATE PARK 190-183-999-5305 205,20 60417 01/27/00 003002 SMOOTHILL SPORTS DISTRI KNEE/WRIST PADS:SKATE PARK 190-183-999-5305 212.~ 60417 01/27/00 003002 SMOOTHILL SPORTS DISTRI SHIPPING CHARGES 190-183-999-5305 13.06 60418 01/27/00 000537 SO CALIF EDISON JAN:2olT-Z14-O428:MEADO~S PKWY 191-180-999-5319 158.73 60418 01/27/00 000537 SO CAL1F EDISON JAN:2-19-184-O511:MARG TC1 191-180-999-5319 78.69 60418 01/27/00 000537 S0 CALIF EDISON JAN:2-O6-105-O654:VARIOUS MTRS 191-180-999-5319 2,041,50 60418 01/27/00 000537 SO CALIF EDISON NOV:2-O6-105-O654:HYW 79 LS3 191-180-999-5319 3.83 1,055.58 VOUCHRE2 CITY OF TEMECULA PAGE 8 01/27/00 12:58 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 60418 01/27/00 000537 SO CALIF EDISON JAN:2-10-331-1353:STN #84 001-171-999-5240 60418 01/27/00 000537 SO CALIF EDISON JAN:2-18-363-1902:PAUHA RD TC1 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:Z-19-S25-Z143:RNHW CYN TC1 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-19-538-2262:VARIOUS MTRS 190-180-999-5240 60418 01/27/00 000537 SO CALIF EDISON JAN:2-13-O79-2377:H~Y 79 TC1 191-180-g99-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-O9-330-3030:WINCH RD TC1 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-Og-330-3139:WINCH RD TC1 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-19-249-3989:VARIOUS MTRS 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-19-111-4834:BEDFORD CT 191-180-999-5319 60418 01/27/00 000537 S0 CALIF EDISON JAN:2-OT-626*6063:RANCHO VISTA 193-180-999-5240 60418 01/27/00 000537 S0 CALIF EDISON JAN:2-18-348-6315:MARG RD TC1 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-O2-351-6800:VARIOUS MTRS 191-180-999-5240 60418 01/27/00 000537 SO CALIF EDISON JAN:2-O1-202-7~30:VARIOUS MTRS 192-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-O1-202-7603:ARTERIAL STL 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON DEC:2-OS-791-8807:VARIOUS MTRS 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-18-O17-8972:MARG RD TC1 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-20-140-g299:WINCH/YNEZ 191-180-999-5319 60418 01/27/00 000537 SO CAL1F EDISON JAN:2-19-Q99-9442:VARIOUS MTRS 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-19-Q99-9442:VARIOUS MTRS 193-180-999-5240 60418 01/27/00 000537 SO CALIF EDISON JAN:2-19-335-9700:VARIOUS MTRS 190-180-999-5240 60418 01/27/00 000537 SO CALIF EDISON JAN:2-19-SZ4-9867:WINCH RD LS3 191-180-999-5319 60418 01/27/00 000537 SO CALIF EDISON JAN:2-18-37~-9903:MARG. SP5 190-180-999-5240 683.21 70.84 113.~ 57.45 188.47 183.32 230.29 186.07 75.70 13.39 112.23 40.36 26,643.10 9,783.83 442.~ 200.94 357.09 703.61 13.82 540.70 42.48 313.27 43,279.53 60419 01/27/00 001212 SO CALIF GAS COMPANY JAN:O95-167-7907-2:STN #84 001-171-999-5240 167.43 167,43 60420 01/27/00 002503 SOUTH COAST AIR QUALITY ANNUAL OPER. FEES:DIESEL GEN. 001-171-999-5212 179,10 179.10 60421 01/27/00 000519 SOUTH COONTY PEST CONTR PEST CONTROL SVCS:WED.CHAPEL 190-185-999-5250 60421 01/27/00 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SVCS:TCC 190-184-999-5250 60421 01/27/00 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SVCS:STN #84 001-171-999-5250 60421 01/27/00 000519 SOUTH C(~JNTY PEST CONTR PEST CONTROL SVCS:MAINT FAC 340-199-702-5250 60421 01/27/00 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SVCS:MUSEUM 190-185-999-5250 60421 01/27/00 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SVCS:SR CENTER 190-181-999-5250 32.00 36.00 48.00 40.00 42.00 29.00 227.00 60422 01/27/00 60422 01/27/00 SUNRIDGE COMMUNITY CHUR REFUND: SECURITY DEPOSIT 190-2900 SUNRIDGE COMMUNITY CHUR ADD'L ROOM RENTAL 190-183-4990 100,00 51,00- 49.00 60423 01/27/00 000574 SUPERTONER 60423 01/27/00 000574 SUPERTONER REPAIR/MAINTENANCE- 2 PRINTERS 320-199-999-5215 JAN PRINTER MAINTENANCE SVCS 320-199-999-5215 90.00 625.00 715.00 60424 0~/27/00 003318 TARTAGLIA, MARIO TCSD INSTRUCTOR EARNINGS 190-183'999-5330 504.00 504.00 60425 01/27/00 003677 TEMECULA MOTORSPORTS LL MOTORCYCLE REPAIR/MAINT:TEM PD 001-170-999-5214 581.08 581.08 60426 01/27/00 TEMECULA VALLEY REPUSLI REGISTR.FEE:R.ROBERTS:2/19/00 001-100-999-5260 35.00 35.00 60427 01/27/00 003140 TEMECULA VALLEY TAEK~ON TCSD INSTRUCTOR EARNINGS 60427 01/27/00 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190-183-999-5330 40.00 40.00 80.00 60428 01/27/00 004030 TEMECULA VOLUNTEER FIRE FIRE SVCS:TRACTOR RACE:IO/01 001-171-999-5370 403.31 60428 01/27/00 004030 TEMECULA VOLUNTEER FIRE FIRE SVCS:TRACTOR RACE:IO/02 001-171-999-5370 759.40 VOUCHRE2 01/27/00 VOUCHER/ CHECK NUMBER 60428 60429 60430 60430 60431 60432 60432 60432 60433 60433 60434 604S4 60435 60436 60437 12:58 CHECK DATE 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 01/27/00 VENDOR VENDOR NUMBER NAME 004030 TEMECULA VOLUNTEER FIRE 003149 TERRA CAL CONSTRUCTION 000459 TUMBLE JUNGLE FITNESS G 000459 TUMBLE JUNGLE FITNESS G TYRAN, JULIE 001342 WAXIE SANITARY SUPPLY I 001342 WAXIE SANITARY SUPPLY I 001342 WAXIE SANITARY SUPPLY I O03T'JO WEST COAST ARBORISTS IN 003730 WEST COAST ARBORISTS IN 002109 WHITE CAP 002109 WHITE CAP 003756 WHITE HOUSE SANITATION 002978 WITHERS, ROBERT H. WROLSTAD, DAVID CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION FIRE SVCS:TRACTOR RACE:10/03 RELEASE RET:DUCK POND:97-17CSD TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND: ART/CRAFTS-BEG WATER CRC MAINTENANCE SUPPLIES MAINT FAC MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES CITYWIDE TREE TRIMMING MAINT, CREDIT:PORTION PAID:INV#16873 MISC SUPPLIES:PW MAINT CREW MISC SUPPLIES:PW MAINT CREW JAN MAINTENANCE SVCS:BUTTERFLD SALES TAX ASSISTANCE RELEASE CLAIMS SETTLEMENT PMT ACCOUNT NUMBER 001-171-999-5370 210-2035 190-183-999~5330 190-183-999-5330 190-183-4982 190-182-999-5212 340-199-702-5212 190-182-999-5212 001-164-601-5402 001-164-601-5402 001-164-601-5218 001-164-601-5218 190-180-999-5250 001-2030 300-199-999-5207 ITEM AMOUNT 704.79 150o903.76 184.00 240.00 65.00 22.84 26.13 45.69 2,884.00 2,324.00- 737.21 241.02 50.00 393.92 493.91 PAGE 9 CHECK AMOUNT 1,867.50 150,903.76 424.00 65.00 94.66 560.00 978.23 50.00 393.92 493.91 TOTAL CHECKS 1,444,116.84 VOUCHRE2 CITY OF TEHECULA PAGE 2 01/27/00 13:13 VOUCHER/CHECK REGISTER FOR ALL PERIOOS FUND 001 210 TITLE GENERAL FUND CAPITAL INPROVENENT PROJ FUND VEHICLES FUND AMOUNT 60,270.74 299,165.20 45,283.97 TOTAL 404,719.91 VOUCHRE2 CITY OF TEMECULA PAGE 1 01/27/00 13:13 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK NUMBER DATE 60440 02/08/00 60440 02/08/00 60440 02/08/00 60441 02/08/00 60442 02/08/00 60443 02/08/00 60443 02/08/00 60445 02/08/00 60444 02/08/00 60444 02/08/00 60445 02/08/00 60445 02/08/00 60446 02/08/00 60447 02/08/00 60447 02/08/00 60447 02/08/00 60447 02/08/00 60447 02/08/00 60448 02/08/00 60448 02/08/00 60449 02/08/00 60450 02/08/00 60450 02/08/00 60451 02/08/00 VENDOR VENDOR NUMBER NAME 003567 C C MYERS INC 005567 C C MYERS INC 003567 C C MYERS INC 00]629 CALTROP ENGINEERING CQR 000164 ESGIL CORPORATION 00]592 GRANITE CONSTRUCTION 003592 GRANITE CONSTRUCTION 003592 GRANITE CONSTRUCTION 003816 J D C INC 003816 J D C INC 003631 KLEINFELDER INC 003631 KLE1NFELDER INC 002666 MASON & MASON REAL ESTA 003800 MCLAUGHLIN ENGINEERING 003800 MCLAUGHLIN ENGINEERING 003800 MCLAUGHLIR ENGINEERING 003800 NCLAUGHLIN ENGINEERING 00]800 NCLAUGHLIN ENGINEERING 002181 RIVERSIDE CONSTRUCTION 002181 RIVERSIDE CONSTRUCTION 003247 SPANOS CORPORATION, THE 003833 VILLA FORD 003833 VILLA FORD 003730 WEST COAST ARBORISTS IN ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT DEC PRGSS:OVRLD OVRCROSSING DEC PRGSS:OVRLD OVRCROSSING RETENTION:DEC PRGSS: PW95-11 210-165-604-5804 210-165-604-5804 210-g035 NOV/DEC SVCS:PALA BRIDGE IMPRO 210-165-631-5801 DEC 99 PLAN CHECK SVCS 001-162-999-5248 DEC PRGSS:PALA RD BRIDGE 210-165-631-5804 DEC CHG ORDER PRGSS:PALA 8RDGE 210-165-631-5804 C0#9 EXCEEDS AUTHORIZED AMOUNT 210-165-631-5804 PW98-01 BUTTERFIELD STAGE PRK 210-190-164-5804 RETENTION:BUTTERFIELD STAGE PK 210-2035 OCT/DEC SVC:OVRLD INSPECTIONS 210-165-604-5801 OCT/DEC SVC:PALA BRIDGE IMPROV 210-165-631-5801 PROF SVCS:OVERLAND BRIDGE 210-165-604-5801 INTERSECTION IMPRV:HARG/DEPORT 001-164-602-5412 JAN PRGS PMT#4:R.C./[15:95-12 210-165-711-5804 JAN C/O PNT~4:R.C./I15:95-12 210-165-711-5804 RET.W/H PMT#4:R.C./I15:95-12 210-2035 CR:TO RETAIN TOTAL RET. t 5% 210-2035 JAN PRGS PMT#9:WINCH/YNEZ:9706 210-165-68]-5804 RET.W/H PMT#9:WINCH/YNEZ:9706 210-2035 BAL.DUE:MARG/MORAGA MED.IMPRV. 210-165-681-5804 WHITE FORD TRUCK YR 2000:TCSD 310-1910 WHITE FORD TRUCK YR 2000:B&S 310-1910 CITYWIDE TREE TRIMMING MAINT. 001-164-601-5402 40,528.94 4],40].00 8,393.19- 5,332.00 10,877.74 55,458.54 72,667.]8 50.00- 35,007.50 3,500.75- 9,393.50 4,672.00 5,215.63 43,681.00 8,450.00 22,511.00 1,548.05' 255.36' 6,296.87 629.69- 7,874.88 27,983.26 17,]00,71, 5,712.00 75,538.75 5,332.00 10,877.74 124,806.92 31,506.75 14,065.50 5,215.63 72,838.59 5,667.18 7,874.88 45,283.97 5,712.00 TOTAL CHECKS 404,719.91 ITEM 3 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberrs, Director of Finance/91 February 8, 2000 City Treasurer's Report as of December 31, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director William B. Pattison, Senior Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of December 31, 1999. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of December 31, 1999. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of December 31, 1999 2. Schedule of Assets, Liabilities, and Fund Equity as of December 31, 1999 3. Fund Equity Detail by Fund as of December 31, 1999 $ 45,642,882 4,838,784 (3,893,350) $ 46,58~,3~6 Cash and Investmena portfolio: (Money Market Ac~otmt) (Highmark U.S. Tr=asury) (Local Ag~'a~y Iav~tm~nt Fund) (Inv~m=nt Agr~m~t) Par/Book Balan0= $ 1,500 525,971 (1) 954,000 4,855 (1) 38,078,218 (2) 45,I94 230,702 224,672 3,700 154 1,123,902 1,531,469 500,000 54,919 941,361 I7,469 502,690 398,620 1,448,920 $ 46,588,316 City of Temecula Schedule of Assets, Liabilities, and Fund Balances AS of December31, 1999 Cit~ (1) Dishlet AS~ncy Districts (2) Total $ 38,810,249 $ 857,625 $ 12,834,003 $ 7,547,693 $ 60,049,570 Total fund ~alui~ ToUl liabilitiga and fund e~luity $ 63,069 $ 3,284 $ 362,064 $ 1,206 $ 429,623 7,081,330 1,439,531 345,297 3,180,844 12,047,002 287,847 808,570 1,096,417 7,432,246 1,442,815 1,515,931 3,182,050 13,573,042 1,281,781 1,281,781 792,292 792,292 10,669,136 1,073,167 8,607,465 1,131,800 21,481,568 16,634,559 23,498 2,710,607 3,233,843 22,,602,507 2,000,235 (1,681,855) 318,380 31,378,003 (585,190) 11,318,072 4,365,643 46,476,528 $ 38,810,249 $ 857,625 $ 12,834,003 $ 7,547,693 $ 60,049,570 ITEM 4 CITY OF TEMECULA MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Genie Roberrs, Director of Finance February 7# 2000 , City Council Agenda Item No. 4 Attached for your information is a revised attachment to City Council Agenda Item No. 4 "Approval of 1999-00 Mid-Year Budget Adjustmentsn. This revision corrects an error in only the "% change" for the proposed General Fund revenues. Please note that the actual proposed percentage increase should be 12.7%, not the 11.3% that was reflected in the staff report. This correction is only for the percentage change, and does not impact the dollar amounts. This revised schedule replaces the second page behind the 'General Fund" divider page in your agenda book. I apologize for any inconvenience this error may have caused. Attachment AMENDED MATERIAL CITY COUNCIL ITEM NO. 4 ACCT NO OO1 GENERAL FUND DEPT 161 PLANNING -Various DEPT 162 BUILDING -Various DEPT 163ENGINEERING -Various DEPT 164CIP 4076 -Reimbursements DEPT 170 POLICE 4055 -Parking Citations 4057 -Booking Fees Recovery 4060 -Miscellaneous 4067 -Vehicle Impound Fees 4083 -Grants 4085 -AB3229 (COPS) 4116 -Conditional Use Permit 4125 -Temporary Outdoor Event DEPT 171 FIRE 4036 -Fire Plan Check 4037 -Fire Inspection 4038 -License Care Facility Fees DEPT 199NON-DEPARTMENTAL 4010 -Proper~y Tax 4012 -Property Tax (Unsecured) 4013 -Supplemental Tax - AB 2345 4015 -ERAF Reimbursement 4016 -Proper~y Transfer Ta.~ 4017 -Booking Fee Reimbursement 4018 -Franchise Fees 4020 -Transient Occupancy Tax 4024 -Sales and Use Tax 4025 -Grants 4028 -Homeowner Property Tax Relief 4032 -Candidate Filing Fees 4042 -Motor Vehicle License Fees 4045 -OFF Road Vehicle In Lieu 4046 -Motor Vehicle in Lieu 4047 -Vehicle Code Fines 4053 -Bids & Proposals 4056 -Business Licenses 4058 -Miscellaneous 4060 -Miscellaneous Non Taxable 4061 -Returned Check Fee 4062 -Recovery of Prior Year Expense 4065 -Investment Interest 4070 -Cash Over & Short 4075 -Rental Income 4076 -Reimbursements 4077 -Community Services Distdct 4082 -Redevelopment Agency 4083 -Capital Improvement Program 4090 -Operating Transfers-in TOTAL GENERAL FUND GENERAL FUND REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY 98-99 FY 99-00 FY 99-00 ACTUALS YTD @12/3t/99 ORIG EST 423,249 267,754 409,000 2,349,388 1,346,704 1,762,500 1,385,848 1,299,587 1,200,000 2,933 1,565 69,584 28,287 77,000 2,568 2,500 21,763 12,426 20,000 24,660 7,470 26,000 53,629 103,600 105,266 108,643 106,000 115 2,495 1,941 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 65.47% 459,000 50,000 12.22% 76.41% 2,304,500 542,000 30.75% 108.30% 1,800,000 600,000 50.00% 36.74% 60,000 (17,000) -22.08% 2,500 62.13% 20,000 28.73% 19,000 (7,000) -26.92% 51.77% 103,600 102.49% 108,600 2,600 2,45% 2,000 97.05% 2,000 168,258 158,814 150,000 77,145 90,706 70,000 357 681 1,213,009 417,580 1,186,000 77,450 65,524 75,000 18,942 2,600 108,476 148,548 295,000 106,867 410,680 1,311,500 582,708 1,036,000 6,205,504 12,487,000 2,792 5,891 37,000 125 23,571 51,000 522 1,300 %092,566 2,074,700 220,317 170,000 7,180 20,000 91,288 185,000 4 7,872 15,000 285 570,670 925,000 11 105.88% 227,000 77,000 51.33% 129.58% 103,000 33,000 47.14% 303,645 1,266,607 1,012,582 10,652,400 6,654 36,940 56,771 791 2,020,110 326,589 22,704 187,015 80 14,005 586 72,040 1,203,150 429 35 20,537 162,000 125,000 589,713 878,620 24,901,920 35.21% 1,347,500 161,500 13.62% 87.37% 75,000 16,000 13,400 515.38% 108,400 108,400 50.36% 320,000 25,000 8.47% 106,800 106.800 31.31% 1,361,500 50,000 3.81% 56.25% 1,150,000 114,000 11.00% 49.70% 13,900,000 1,413,000 11.32% 15.92% 37,000 46.22% 51,000 40.15% 1,300 52.66% 2,100,000 129.60% 450,000 35.90% 20,000 49.34% 185,000 52.48% 15,000 25,300 1.22% 280,000 164.71% 61.69% 1,025,000 100,000 10.81% 511 81,000 162,000 50,00% 162,000 62,500 125,000 50.00% 125,000 239,482 1,553,000 15.42% 1,253,000 (300,000) -19.32% 149,225 881,100 16.94% 881,100 13,980,021 26,521,800 52.71% 29,899,800 3,378,000 12.74% 00midyear-REV TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~~ DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council Shawn Nelson, City Manager February 8, 2000 Approval of 1999-00 Mid-Year Budget Adjustments PREPARED BY: RECOMMENDATION: That the City Council: 1. Genie Roberts, Director of Finance Tim McDermott, Assistant Finance Director;;~)~/ Adopt Resolution No. 2000- entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGET Adopt Resolution No. 2000- entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS DISCUSSION: Each year the City conducts a mid-year review of its operating budget. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the City maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. All City departments have reviewed their operating budgets and have identified any material adjustments required. The mid-year budget review includes the General Fund, Gas Tax Fund, and the Internal Service Funds. Activity in each of the funds is presented in accordance with the following schedules: Summary of Revenues, Exoenditures. and Fund Balance: Presents a summary of prior year and 1999-00 year-to-date actual activity, as well as the 1999-00 current and proposed budget amounts. Also included is a schedule of beginning and estimated ending fund balance based upon the proposed budget activity. Revenue Detail: Presents detail of prior year and 1999-00 year-to date revenues, as well as the 1999-00 current and revised projected revenues. General Fund The projected General Fund revenues reflect a $3,378,000 or 11.3% increase over the original budget estimate. The material projected revenue increases are in sales tax ($1,413,000), community development fees ($1,302,000), vehicle code fines ($280,000), and property taxes ($161,500). No net change in General Fund operating expenditures is proposed. However, following is a summary of all requested budget appropriation transfers between departments: Human Resources: A $10,000 increase is requested for recruitment advertising and employee recognition program costs. Building & Safety: A $115,000 increase in contract plan check services is requested due to strong development activity expected through the end of the fiscal year. Public Works: A $30,000 increase is requested for repairs and maintenance to the Old Town boardwalk. Fire: The amount of structural fire tax collected by the County will exceed the original amount estimated. This tax is used by the County to offset the cost of services provided to the City. As a result, a $165,000 reduction is expected in the net cost to the City for fire services. Animal Control: A $10,000 increase is requested to cover increased charges from Lake Elsinore Animal Friends ("LEAF") based upon increases in animal control activity levels. Increases in operating transfers out for capital improvement projects are requested as follows: Pavement Manaoement System: $800,000 is requested to fund additional pavement management improvements at various locations throughout the City such as Rainbow Canyon, portions of Rancho California Road, portions of Diaz Road, and slurry seal at Rancho Vista Road. Fiber Optic Conduits: $120,000 is requested to fund two fiber optic conduits to be used for City traffic signal interconnections and the intersection camera monitoring system. AB 2766 Fundine: $103,000 is requested to replace AB 2766 funding that was over- programmed in the current capital improvement program as a result of the timing of when project costs were incurred. 2 Capital Project Reserves: A $1,410,000 transfer is requested to the Capital Project Reserves. These funds will thus be available to fund additional capital improvement projects in the upcoming CIP budget process. Increases in operating transfers out totaling $106,000 are requested for the following vehicle purchases: Building & Safety: $20,000 is requested for the purchase of a light truck to be used for field inspection duties. This vehicle will take the place of the current electric vehicle, which will then be utilized as a City pool vehicle. The electric vehicle has not been conducive to providing efficient inspection services to customers. The vehicle is consistently providing 25-30 miles per full charge, which falls short of the 25-60 miles typically driven by an inspector on a daily basis. Public Works: $86,000 is requested for the purchase of a new aerial boom truck. The City currently relies on a Temecula Valley School District aerial boom to install, maintain, and remove City banners and holiday decorations within the community. The District's equipment is not in satisfactory condition, and is often not readily available when needed. It has been costly and inefficient for the City to use and repair the District's equipment. The City has also needed to rent aerial boom trucks due to the limited availability and condition of the District's equipment. Additional uses for this truck are being considered by staff that could result in cost savings to the City. Gas Tax Fund No changes are proposed to Gas Tax Fund revenue or expenditures. Internal Service Funds Other than the capital outlay for new vehicles discussed above, no adjustments are proposed to the Internal Service Funds. Authorized Positions Two changes are proposed to the Schedule of Authorized Positions, and are as follows: Planninq: The addition of a Senior Management Analyst is proposed. This position would be responsible for special projects such as policy development, annexation, and traffic circulation issues (in particular the review of County projects and their impacts to the City). The pressing need for this position can be attributed to the current growth management issues and required monitoring of the County's integrated plan efforts. Public Works (Land Develooment): The conversion of the vacant Permit Engineer position to a Principal Engineer is proposed. The responsibilities of the reclassified position would include supervisory and advisory duties related to subdivision map review, final map and parcel map checking, review of lot line adjustments, legal descriptions, subdivision map act compliance, and monumentation records management. The above changes to the Schedule of Authorized Positions will result in a net increase of one position (for a total of 128.5 authorized positions). These adjustments can be funded within available appropriations for the current fiscal year. 3 FISCAL IMPACT: After providing for the requested mid-year budget adjustments, the net impact will result in an undesignated fund balance of approximately $582,000 at June 30, 2000. Attachments: Resolution No. 2000- Mid-Year Budget Amendment Resolution No. 2000-__ Schedule of Authorized Positions 1999-00 General Fund Mid-Year Budget 1999-00 Gas Tax Fund Mid-Year Budget 1999-00 Internal Service Funds Mid-Year Budget Schedule of Authorized Positions 4 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGET WHEREAS, each year a mid-year review is conducted of City operating budgets. WHEREAS, the purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the City maintains a prudent and healthy fiscal position. WHEREAS, the mid-year review has been completed and the recommended adjustments are reflected in the attached schedules for the City's General Fund and Internal Service Funds. The City Council of the City of Temecula does hereby resolve as follows: Section 1. That the Fiscal Year 1999-00 General Fund Annual Operating Budget is hereby amended in accordance with the attached General Fund Mid-Year Budget. Section 2. That the Fiscal Year 1999-00 Internal Service Funds Budgets are hereby amended in accordance with the attached Internal Service Funds Mid-Year Budget. Section 3. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this 8th day of February, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, CMC/AAE, City Clerk for the City of Temecula, California, do hereby certify that Resolution No. 2000-__ was duly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of February, 2000 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W, Jones, CMC/AAE City Clerk RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS WHEREAS, pursuant to the authority under Chapter 2.60,030 of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies: and, WHEREAS, the City Manager has recommended and the City Council now wishes to adopt the Revised Schedule of Authorized Positions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The attached Schedule of Authorized Positions is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective February 8, 2000, and may be thereafter amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. 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 day of February, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2000- was duly adopted by the City Council of the City of Temecula at a regular meeting thereof on the 8~ day of February, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk GENERA L FUND CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GENERAL FUND 1999-00 MID-YEAR OPERATING BUDGET 99-00 99-00 99-00 Proposed % 98-99 YTD Current Proposed Increase Increase Actual @ 12/31/99 Budget Budget (Decrease) (Decrease) Total Revenues 24,901,920 13,980,021 26,521,800 29,899,800 3,378,000 Expenditures by Dept: City Council 238,872 142,311 289,000 289,000 Community Support 366,886 174,952 547.902 547,902 City Manager 631,636 317,282 656.934 656,934 Economic Development 702,233 431,834 816,848 816,848 City Clerk 548,926 273,828 627,371 627,371 City Attorney 275,042 103,916 347,500 347,500 Finance 886.825 491,115 1,065.837 1,065,837 Human Resources 321,224 144,195 283,200 293,200 Planning 1,598.453 800,208 1.840.023 1,840,023 Building & Safety 1,351.443 828, 191 1,817.590 1,932,590 Engineering 872,923 459,816 1,004,820 1,004,820 Public Works 1,685.341 1,373,872 3.464.743 3,494,743 CIP Admin 763,882 580,363 1,588,496 1,588,496 Police 5,298,155 2,689,554 6.334.983 6,334,983 Fire 2,014,722 1,086,837 2,839,182 2,674, 182 Animal Control 50,893 29,364 55,000 65,000 Non-Departmental 1,448,454 1,049,032 2,376,000 2,376,000 Total Expenditures 19,055,910 10,976,670 25,955,429 25,955,429 Excess of Revenues Over (Under) Expenditures 10,000 115,000 30,000 (165,000) 10,000 5,846,010 3,003,351 566,371 3,944,371 3,378,000 Operating Transfers Out: Capital Projects 7,320, 165 1,725,000 1,854,482 4,287,482 2,433,000 Information Systems 91,994 233.000 233,000 Vehicles 106,000 106,000 Total Operating Transfers Out 7,412, 159 1,725,000 2,087,482 4,626,482 2,539,000 Excess of Revenues over (Under) Expenditures and Operating Transfers Out (1,566,149) 1,278,351 (1,521,111) (682,111) 12.7% 3.5% 6.3% 0.9% -5,8% 18.2% CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GENERAL FUND 1999-00 MID-YEAR OPERATING BUDGET Fund Balance, Beg. of Year Revenues Expenditures and Transfers Out Fund Balance, End of Year 98-99 Actual 15,451,014 24,901,920 (26,468,069) 13,884,865 YTD @ 1~31/99 99-00 Current Budget 13,884,865 26,521,800 (28,042,911) 12,363,754 99-00 Proposed Budget 13,884,865 29,899,800 (30,581,911) 13,202,754 Detail of Fund Balance: Reserved for land held for resale Reserved for Iong-tarm advance to RDA Reserved for long-term advance to CIP (Overland) Reserved for long-term receivables Unreserved: Designated for continuing appropriation Designated for comprehensive annual leave Designated for advance to CIP (Chaparral Pool) Designated for economic uncertainty Undesignated 530,401 918,171 1,425,000 360,000 173,096 427,0000 1,000.000 7,786,629 582,457 13,202,754 ACCT NO OO1 GENERAL FUND DEPT 161 PLANNING *Various DEPT 162BUILDING -Various DEPT t63 ENGINEERING -Various DEPT 164CIP 4076 -Reimbursements DEPT 170 POLICE 4055 -Parking Citations 4057 -Booking Fees Recovery 4060 -Miscellaneous 4067 -Vehicle Impound Fees 4083 -Grants 4085 -AB3229 (COPS) 4116 -Conditional Usa Permit 4125 -Temporary Outdooe' Event DEPT 171 FIRE 4036 -Fire Ran Check 4037 -Fire Inspedion 4038 -Licensa Care Facility Fees DEPT 199NON-DEPARTMENTAL 4010 -Property Tax 4012 -Property Tax (Unsecured) 4013 -Supplemental Tax - AB 2345 4015 -ERAF Reimbursement 4016 -Properly Transfer Tax 4017 -Booking Fee Reimbursement 4018 -Frenchlea Fees 4020 -Transient Occupancy Tax 4024 -Sales and Use Tax 4025 -Grants 4028 -Homeowner Property Tax Relief 4032 -Candidate Filing Fees 4042 -Motor Vehicle Licensa Fees 4045 -Off Road Vehicle In Lieu 4046 -Motor Vehicle in Lieu 4047 -Vehicle Code Fines 4053 -Bids & Proposals 4056 -Business Licenses 4058 -Miscellaneous 4060 -Misceilaneeus Non Taxable 4061 -Returned Check Fee 4062 -Recovery o1 Prior Year Expensa 4065 -investment Interest 4070 -Cash Over & Short 4075 -Rental Income 4076 -Reimbursements 4077 -Community Services District 4082 -Redeveiopment Agency 4083 -Capital Improvement Program 4090 -Operating Transfers-in TOTAL GENERAL FUND GENERAL FUND REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY98_q9 FY9cJ~O FY99-O0 ACTUALS YTD ~12/31/99 ORIG EST 423,249 267,754 409,000 2,349,388 1,346.704 1,762,500 1,385,848 1,299.587 1,200.000 2,933 1,565 69,584 28,287 77,000 2,568 2,500 21,763 12,426 20,000 24,660 7,470 26,000 53.629 103.600 105,268 108,643 106,000 115 2.495 1,941 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 65.47% 459,000 50,000 10.89% 76.41% 2,304,500 542.000 23.52% 108.30% 1,800,000 600.000 33.33% 36.74% 60,000 (17.000) -28.33% 2,500 62.13% 20.000 28.73% 19,000 (7,000) -36.84% 51.77% 103.600 102.49% 108.600 2,600 2.39% 2.000 97.05% 2,O(X) 168,258 158,814 150,000 77,145 90,706 70,000 357 681 1,213,009 417,580 77,450 65,524 18,942 108.476 148.548 106.867 410.680 582,708 6,205,504 2,792 5,891 125 23,571 522 1,092,566 220,317 7,180 91,288 4 7.872 285 570.670 11 IC5.88% 227,000 77,000 33.92% 129.58% 103,000 33.000 32.04% 1.186,000 35.21% 1,347,500 161.500 11.99% 75,000 87.37% 75,000 2,600 16,000 13.400 83.75% 108,400 108,400 100.00% 295,000 50.36% 320,000 25,000 7.81% 106,800 106,800 100.00% 1,311,500 31.31 % 1.361,500 50,000 3.67% 1,036,000 56.25% 1.150,000 114,000 9.91% 12,487,0OO 49.70% 13,900,000 1,413,000 10.17% 37.000 15.92% 37.000 51 ,OO(:) 46.22% 51,0OO 1,300 40.15% 1,300 2,074.700 52.66% 2,100,00Q 170.000 129.60% 450,000 20,000 35.90% 20,000 185,000 49.34% 185,000 303,645 1,266,607 1,012,582 10,652,400 6,654 36,940 56.771 791 2,020.110 326.589 22.704 187,015 80 14,005 586 72,040 1,203,150 429 35 20,537 162,000 125,000 589.713 878,620 24,901,920 15,000 52.48% 15,000 25,300 1.20% 280.000 62.22% 925,000 61.69% 1,025,000 100,000 9.76% 511 81,000 162,000 50.00% 162.000 62,500 125,000 50.00% 125.000 239,482 1.553,0(X) 15.42% 1,253,000 (300,000) -23.94% 149,225 881.100 16.94% 881,100 13,980,021 26,521,800 52.71% 29,899,800 3,378,000 11.30% 00midyea~REV GAS TAX FUND CItY OF TEMECULA SUMMARY Of REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GAS TAX FUND 1999-00 MID-YEAR OPERATING BUDGET 99-00 99-00 99-00 Proposed % 98-99 YTD Current Proposed Increase Increase Actual @ 12/31/99 Budg~ Budget (Decrease) (Decrease) Total Revenues 878,619 446,344 Total Expenditures 878,619 365,521 Excess of Revenues Over (Under) Expenditures 80,823 881,100 881,100 881,100 881,100 Fund Balance, Beg, of Year Revenues 878,619 Expenditures (878,619) Fund Balance, End of Year 88%100 (684,100) 881,100 (881,100) ACCT NO 100 GAS TAX FUND GAS TAX FUND REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY98-.99 FY99-QO FY99-00 ACTUALS YTD ~12/31/99 ORIG EST YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 4062 -Recovery of Prior Year Exp. 4065 -Investment Interest 4700 -Gas Tax2106 4701 -Gas Tax 21C5 4702 -Gas Tax2107 4704 -Gas Tax2107.5 TOTAL GAS TAX FUND 5,908 2,602 4,500 201,286 99,613 196,900 285.803 144,149 280,700 379,622 193,980 393,000 6,000 6,000 6,000 878,619 446,344 881,100 57.82% 4,500 50.59% 196,900 51.35% 280.700 49.36% 393,000 100.00% 6,000 50.66% 881,100 00midyear-REV INTERNAL SER VICE FUND CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND EQUITY iNTERNAL SERVICE FUNDS 19994:)0 MID-YEAR OPERATING BUDGET 99-00 99-00 9900 Proposed % 98-99 YTD Current Proposed Increase ~ncrease Actual @ 12./31/99 Budget Budget (Decrease) (Decrease) Total Revenues 1,835,500 969,034 2,255,270 2,255,270 Total Expenditures by Fund: Insurance 378,653 187,099 447,910 447,910 Vehicles 68,607 64,692 124,200 124,200 Information Systems 741,942 423,933 924,548 924,548 Support Services 220,520 103,699 250,230 250,230 Facilities 354,431 164,781 414,600 414,600 Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers In (Out): General Fund (Vehicles) General Fund (Information Systems) CIP (Insurance) Excess of Revenues and Operating Transfers Over (Under) Expenditures Retained Earnings, Beg. of Year Retained Earnings, End of Year 1,764,153 944,204 2,161,488 2,161,488 71,347 24,830 93,782 93,782 49,125 91,994 212,466 1,085,953 1,298,419 (400,000) (375,170) 233,000 (400,000) (73,218) 1,298,419 1,225,201 233,000 (400,O00) (73,218) 1,298,419 1,225,201 INTERNALSERVICEFUNDS REVENUE DET~L FY1999-00MIDYEARBUDGET FUND 300 INSURANCE FY98..99 FY99-00 FY99-00 ACTUALS YTD ~12/31/99 ORIG EST 4062 -Recovery of Prior Year Expense 5,693 4065 -investmerit Interest 80.001 37.080 80,000 4076 -Charges for Services 298,652 146,873 367,910 4086 -Special Event Insurance Fees 1.126 350 1,000 4090 -operating Transfers In 4095 -Claims Recovery 3,955 TOTALINSURANCEFUND 383,734 189,996 448,910 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 46.35% 80.000 39.92% 367,910 35.00% 1.000 42.32% 448,910 FUND 310 VEHICLES 4060 -Miscellaneous Non Taxable 4065 -investment Interest 4076 -Charges for Services 4090 -Operating Transfers In TOTAL VEHICLES FUND FY98-99 FY99-00 FY99-00 ACTUALS YTD ~12/31/99 ORIG EST 1,267 80,730 49,125 YTD % FY 99-00 CHANGE OF BDGT REVISED EST IN EST CHANGE 77,094 149.000 5124% 149,000 131,122 77,094 149,000 5124% 149,000 FUND 320 INFORMATION SYSTEMS 4050 -Pay Telephone Revenue 4062 -Recovery of Prior Year Expenes 4065 -Investment Inteest 4076 -Charges for Sewices 4090 -Operating Transfers In 4550 -Gain on Disposal of Assets TOTAL INFORMATION SYSTEMS F FY98-99 FY99-00 FY99-00 ACTUALS YTD ~12/31/99 ORIG EST 314 218 300 14 947 2,537 794,993 433,339 988,000 91,994 233,000 888,262 436,094 1,221,300 YTD% FY99-00 OF BDGT REVISED EST 72.67% 300 43.86% 988,000 233,000 35.71% 1,221,300 CHANGE % IN EST CHANGE FUND 330 SUPPORT SERVICES FY 98-99 FY 99-00 FY 99-00 ACTUALS YTD ~12/31/99 ORIG EST 4062 -Recovery of Prior Year Expense 5 4065 -Investment Interest 8,878 4,532 8,000 4076 -Charges for Services 212,096 97,153 247,110 4550 -Gain on Disposal of Assets 6,894 TOTAL SUPPORT SERVICES FUN 220,979 108,579 255,110 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 56.65% 8.000 39.32% 247.110 42.56% 255,110 FUND 340 FACILITIES 4062 -Recove~ of Prior Year Expense 4065 -Investment Interest 4076 -Charges for Services TOTAL FACILITIES FUND FY 98-99 FY 9900 FY 99-00 ACTUALS YTD 112/31/99 ORIG EST 83 3,923 2,114 4,000 348,516 155.157 409,950 352,522 157,271 413,950 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 52.85% 4,000 37.85% 409,950 37.99% 413,950 00midyear-REV S CHE D ULE 0 F AUTHORIZED POSITIONS City Of Temecula February 2, 2000 Schedule Of Authorized Positions As Of February 2, 2000 Building & Safety Administrative Secretary Building Inspector I Building Inspector l/ Chief Building Official Code Enforcement Officer Community Development Technician Deputy Building Official Office Specialist Plan Checker/Building Insp. Senior Building Inspector Building & Safety Subtotals City Clerk Administrative Secretary Administrative Technician City Clerk/Director Of Support Services Deputy Director Of Support Services Information Systems Administrator Information Systems Specialist Office Assistant Office Specialist Records Coordinator City Clerk Subtotals City Council City Council City Council Subtotals Authorized Count Exempt/ Minimum Maximum Nonexempt 1.00 $2,309 $2,879 NE 1.00 $2,567 $3,200 NE 3.00 $2,862 $3,566 NE 1.00 $5,666 $6,868 E 2.00 $2,787 $3,475 NE 4.00 $2,602 $3,245 NE 1.00 $4,510 $5,493 E 1.00 $1,758 $2,193 NE 1.00 $3,212 $3,916 NE 1.00 $3,451 $4,306 E 16.00 1.00 $2,309 $2,879 NE 1.00 $1,687 $2,104 NE 1.00 $5,642 $6,878 E 1.00 $3,879 $4,840 E 1.00 $3,834 $4,784 E 1.00 $3,416 $4,164 E 1.00 $1,607 $2,006 NE 1.00 $1,758 $2,193 bYE 1.00 $2,281 $2,843 NE 9.00 5.00 $560 $0 E 5.00 Page 1 of 4 City Of Temecula February 2, 2000 Schedule Of Authorized Positions As Of February 2, 2000 City Mana[er Administrative Secretary Assistant City Manager Asst. To The City Manager City Manager Deputy City Manager Executive Assistant Human Resources Assistant Human Resources Specialist Management Analyst Markerrag Coordinator City Manager Subtotals Community Services Administrative Secretary Custodian Deputy Dir. OfComm. Sves. Development Services Administrator Development Services Analyst Director Of Community Services Facility Maintenance Coordinator Landscape Inspector Lead Maintenance Worker Maintenance Superintendent Maintenance Supervisor Maintenance Worker Museum Services Manager Office Assistant Recreation Coordinator Recreation Superintendent Recreation Supervisor Senior Landscape Inspector Community Services Subtotals Authorized Count Minimum Exempt/ Maximum NonexemOt 1.00 $2,309 $2,879 NE 1.00 $6,892 $8,396 E 1.00 $4,632 $5,646 E 1.00 $9,166 $0 E 1.00 $6,562 $7,996 E 1,00 $2,865 $3,571 E 1.00 $2,298 $2,801 NE 1.00 $2,529 $3,153 E 1.00 $3,184 $3,879 E 1.00 $3,392 $4,132 E 10.00 1.00 $2,309 $2,879 NE 1.00 $1,664 $2,077 NE 1.00 $4,567 $5,566 E 1.00 $3,890 $4,853 E 1.00 $2,896 $3,612 NE 1.00 $6,034 $7,351 E 1.00 $2,236 $2,787 NE 1.00 $2,550 $3,104 NE 2.00 $2,264 $2,827 NE 1.00 $3,999 $4,987 E 1.00 $3,411 $4,157 E 2.00 $2,002 $2,496 NE 1.00 $2,903 $3,623 hIE 3.00 $1,607 $2,006 NE 3.00 $2,032 $2,532 NE 1.00 $3,879 $4,840 E 2.00 $2,825 $3,522 NE 1.00 $2,931 $3,571 NE 25.00 Page 2 of 4 City Of Temecula February 2, 2000 Schedule Of Authorized Positions As Of February 2, 2000 Finance Accountant Accounting Assistant Accounting Specialist Administrative Secretary Assistant Finance Director Director Of Finance Purchasing Specialist Senior Accountant Senior Management Analyst Finance Subtotals Planning Administrative Secretary Assistant Planner Associate Planner Community Development Aide Deputy City Manager Development Processing Coordinator GIS Analyst Office Assistant Planning Manager Senior Management Analyst Senior Planner Planning Subtotals Authorized Count Minimum Exempt/ Maximum Nonexempt 1.00 $2,903 $3,623 NE 2.00 $1,834 $2,288 NE 2.50 $2,181 $2,720 NE 1.00 $2,309 $2,879 NE 1.00 $4,529 $5,519 E 1.00 $6,153 $7,497 E 1.00 $2,200 $2,680 NE 1.00 $3,623 $4,413 E 1.00 $3,734 $4,658 E 11.50 1.00 $2,309 $2,879 NE 1.00 $3,025 $3,770 NE 2.00 $3,512 $4,378 NE 1.00 $2,222 $2,708 NE 1.00 $6,562 $7,996 E 1.00 $3,179 $3,874 NE 1.00 $2,848 $3,468 NE 1.00 $1,607 $2,006 NE 1.00 $4,562 $5,694 E 1.00 $3,734 $4,658 E 2.00 $4,040 $5,041 E 13.00 Page 3 of 4 City Of Temecula February 2, 2000 Schedule Of Authorized Positions As Of February 2, 2000 Authorized Count Minimum Public Works Administrative Secretary 1.00 $2,309 Assistant Engineer 7.00 $3,468 Associate Engineer 5.00 $4,016 Deputy Director Public Works 1.00 $5,375 Director Of Public Works/City Engineer 1.00 $6,453 Lead Maintenance Worker 3.00 $2,264 Maintenance Superintendent 1.00 $3,999 Maintenance Supervisor 1.00 $3,411 Maintenance Worker 3.00 $2,002 Office Assistant 3.00 $1,607 Principal Engineer l. 00 $5,120 Public Works Inspector 1.00 $2,876 Senior Engineer 4.00 $4,677 Senior Management Analyst 1.00 $3,734 Senior Public Works Inspector 3.00 $3,481 Public Works Subtotals 36.00 Redevelopmerit Administrative Secretary 1.00 $2,309 Housing Redevelopment Manager 1.00 $4,529 Senior Management Analyst 1.00 $3,734 Redevelopment Subtotals 3.00 Building & Safety .................................16.00 City Clerk .............................................9.00 City Council ..........................................5.00 City Manager ........................................10.00 Community Services .............................25.00 Finance .................................................11.50 Planning ................................................13.00 Public Works ........................................36.00 Redevelopment .....................................3.00 Total Of Authorized Positions 128.50 Exempt/ Maximum Nonexempt $2,879 NE $4,323 NE $5,011 E $6,550 E $7,861 E $2,827 NE $4,987 E $4,157 E $2,496 NE $2,006 NE $6,238 E $3,585 NE $5,698 E $4,658 E $4,342 NE $2,879 NE $5,519 E $4,658 E Page 4 of 4 ITEM 5 DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Peter Thorson, City Attorney February 8, 2000 Community Facilities District No. 88-12 (Ynez Corridor) Initiation of Actions Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: That the City Council adopts a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL. DISCUSSION: On October 7, 1997, the City of Temecula became the governing entity for Community Facilities District No. 88-12 ("CFD 88-12") which was originally established in 1988 by the County of Riverside for certain improvements on Ynez Road. Bonds were issued by CFD-12 in 1992 in order to fund the improvements. In June 1998 these bonds were refunded, and new bonds were issued in their place. These bonds are repaid through parceled special taxes. Such taxes are collected in bi-annual installments and are placed on the County's tax roll rather than being hand-billed. IITEMEC FSIOIIVOLIIDeptSlFINANCEINORTONLIAGENDAStCFDFOreClOSe2OOO. dOC 02/02/00 As a result of property owner's failure to pay the special taxes, the properties with the following parcel numbers within CFD No. 88-12 are currently delinquent: 944-330-001 944-330-003 944-330-017 944-330-007 As of December 10, 1999, the delinquencies on these parcels exceeded $30,950.00. As the governing body of CFD 88-12, the City of Temecula is obligated to foreclose upon the delinquent parcels pursuant to its responsibilities under the bond indentures. In order for the City to proceed with its foreclosure action, it must first seek to "strip" the existing delinquencies from the County's tax rolls. In order to achieve this, the City Council must adopt a resolution which strips the delinquencies from the County's tax rolls. Subsequently, the City must file a Notice of Stripping, which effectively relieves the County Tax Collector from further responsibility in the collection and/or foreclosure upon the delinquent parcels. The goal of the actions is to obtain payment of the special taxes due along with interest, penalties and costs of collection. The property owner will be given every opportunity to pay the amounts due, but the City must formally proceed with the foreclosure actions. FISCAL IMPACT: The delinquencies on these parcels exceed 830,950.00 and will be used to satisfy the debt service requirement on the outstanding bonds. Attachments: Resolution No. 2000- Exhibit A to Resolution No. 2000- IITEMEC FSIOIIVOLIIDeptSlFINANCEINORTONLtAGENDA,~ICFDFOreClOse2OOO. doc 02/02/00 RESOLUTION NO. 2000-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING FORECLOSURE ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. declare as follows: The City Council of the City of Temecula does hereby find, determine and A. The County of Riverside, Califomia, did previously undertake proceedings to and did establish a community facilities district pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (hereinafier "Mello-Roos Act"), as codified, Government Code section 53311, et seq.; and B. The County of Riverside did previously issue special tax bonds pursuant to the applicable provisions of the Mello-Roos Act to finance public improvements; and C. Pursuant to the Mello-Roos Act, the timely collection of the special tax installments are necessary for the timely payment of all principal and interest on the special tax bond and each special tax levy thereof and interest and penalties thereon constitute liens against the lots and parcels of land against which they are made, until the same are paid; and D. Certain special taxes have not been paid when due, and certain special taxes may not be paid in the future; and E. The County of Riverside has covenanted with the owners of the special tax bonds to commence and diligently pursue foreclosure actions against those parcels of land subject to the delinquent payment of special taxes; and F. The City of Temecula, as successor-in-interest to the County of Riverside, desires to assume the duty of the County of Riverside Tax Collector in collecting upon the existing delinquencies in Community Facilities District No. 88-12; and G. Under the provisions of Section 53356.1 of the Califomia Government Code, the City Council is authorized, at any time prior to the expiration of four years subsequent to the last matudty of the principal of bonds secured by assessment or reassessment, to order the same to be collected by an action brought in the Superior Court to foreclose the liens of the delinquent special taxes; and H. Under the provisions of Section 53356.2 of the California Government Code, when such foreclosure actions are ordered, the county tax collector is to be credited upon the current tax roll with the amount charged against the tax collector on account of the delinquent special taxes to be sued on and to be relieved of further duty in regard thereto and a Notice of Intent to Remove Delinquent Special Tax installments from the Tax Roll is to be recorded with the county recorder's office in the county in which the real property is located. Section 2. The City Council of the City of Temecula hereby orders that the delinquent payments of special taxes for CFD 88-12 with respect to those parcels identified on "Exhibit A" attached hereto and incorporated herein, and all subsequent delinquent special taxes with respect to those parcels which are not paid when due, be collected by action brought in the Supedor Court of Riverside to foreclose the liens thereof. Section 3. The City Attorney is hereby authorized and directed to institute such actions in the name of the City to foreclose the liens of all such delinquent special taxes. Section 4. The City Clerk, in cooperation and in conjunction with the City Attorney, is hereby authorized and directed to prepare and cause to be recorded with the County Recorder of the County of Riverside a Notice of Intent to Remove Delinquent Special Tax installments from the Tax Roll. Section 5. The City Clerk, in cooperation and in conduction with the City Attorney, is hereby authorized and directed to transmit a certified copy of this Resolution to the Auditor/ Controller's office of the County of Riverside together with such other documents and the payment of such fees as is necessary or appropriate to credit the County of Riverside Tax Collector upon the tax roll with the amounts charged against the Tax Collector on account of the delinquent spedal tax installments to be sued upon and to relieve the Tax Collector of further duty in regards thereto. Section 6, The City Manager, in cooperation and in conjunction with the City Attorney, is hereby authorized and directed to take such further actions as may be necessary or convenient to recover the special taxes due from the propedies and to prosecute the foreclosure actions. Section 7. The City Clerk shall certify the adoption of this Resolution. UTEMEC FSIOIIVOLIIDeptSlF/NANCE~NORTONLIAGENDASICFDFoteclose2OOO. dOC 02/02/00 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on February 8, 2000. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8 h day of February, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC CityClerk EXHIBIT A City of Temecula Community Facilities Districts CFD No. 88-12 (Ynez Corridor) Assessor's Parcel No. RANCHO CAL HIGHLANDS II 944-330-001-0 944-330-003-2 944-330-017-5 RANCHO CAL HIGHLANDS I 944-330-007-6 Installment Delincluent December 10, 1999 December 10, 1999 December 10, 1999 December 10, 1999 Amount 9,632.72 5,378.48 11,893.98 4,049.83 liTEMEC FSIOIlVOLIqDeptslFINANCEINORTONLtAGENDAStCFDForeclOSe2OOO, doc 02/02/00 ITEM 6 APPROVAL CITYATTORNEY DIRECTOR OFFINANCE..~ CITYMANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~::~Susan W. Jones City Clerk/Director of Support Services February 8, 2000 Rescheduling of March 14, 2000 City Council Meeting RECOMMENDATION: Direct the City Clerk re-schedule the meeting of March 14, 2000 to March 21, 2000, and to perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: Three City Council Members will be attending the National League of Cities Conference on March 10-14, 2000. Since there will not be a quorum on the previously scheduled Council Meeting of March 14th, the City Council was polled and it was determined that all City Council Members would be available to reschedule the meeting on March 21"t. FISCAL IMPACT: Changes of dates for City Council, TCSD and RDA meetings will result in no additional cost to the City. ITEM 7 APPROVAL/_,) ~ CITY ATTORNEY ~ ~ DIRECTOR OF FINAr~;~ CITYMANAGER " CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council James B. O'Grady, Assistant City Man~E) February 8, 2000 ~ Temecula Valley Balloon & Wine Association Financial Audit Prepared by: Gloda Wolnick, Marketing Coordinator I~I~COlV!I~I~NDATIO1N: That the City Council approve the amended Temecula Valley Balloon & Wine Association Sponsorship Agreement which provides for a full financial audit of FY99~00 to be received by August 31, 2000. BACKGROUND: In September, 1999, the City Council approved the contract and payment of $30,000 for the City of Temecula to be the Premier Sponsor of the 2000 Temecula Valley Balloon & W~ne Festival. The event will take place at Lake Skinner on June 9 - 11, 2000. The City's current agreement requires that the Temecula Valley Balloon & Wine Association (TVBWA) provide an independent certified public accountant audit of their financial statements and submit it to the City by December 31, 1999. The TVBWA has completed a financial review of their organization by their deadline, which Staff has reviewed and provided to the Economic Development Subcommittee. After meeting with members of the TVBWA, the organization indicated that they would also provide the City with a complete audit report of FY99-00 following this year's Balloon & VVine Festival. Staff agrees with the approach and as a result the most appropriate time to submit the full financial audit report is August 31, 2000. This will allow for their auditor to be on-site dudng the Festival. This amendment to the odginal agreement needs to be appreved so TVBWA can proceed to conduct their full audit. FISCAL IMPACT: There is no fiscal impact to the City. The Balloon & Wine Association will complete a full financial audit of the Festival and their organization in accordance to the amended sponsorship agreement at their expense. ATTACHMENTS: Attachment A - First Amendment To Sponsorship Agreement ATTACHMENT A - FIRST AMENDMENT TO SPONSORSHIP AGREEMENT FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY BALLOON & WINE ASSOCIATION THIS FIRST AMENDMENT is made and entered into as of February 8, 2000 by and between the City of Temecula, a municipal corporation ("City" and Temecula Valley Balloon & Wine Association, a California nonprofit corporation (hereinafter referred to as CTVBWA'). 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 September 14, 1999 the City and TVBWA entered into that certain agreement entitled "City of Temecula Advertising Agreement" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section I of the Agreement is hereby amended to read as follows: "TVBWA shall promptly furnish the City, an independent certified public accountant review of the TVBWA financial statements by December 30, 1999." 3. Section J is an addition to the Agreement and is hereby to read as follows: "TVBWA shall promptly furnish the Cky, an independent certified public accountant audit of the TVBWA financial statements, which will include FY July 1, 1999 -June 30, 2000, by August 3 I, 2000. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year above written. CITY OF TEMECULA BY: Jeffcry E. Stone, Mayor ATTEST: BY: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT BY: NAME: Carol Popejoy-Hime TITLE: General Manager ITEM 8 APPROVAL CITY ATTORNEY ~/"'~ DIRECTOR OF FINANC~ CITYMANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDAREPORT City Manager/City Council "hY~William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Tract Map No. 23371-8, Located South of La Serena Way, East of Margarita Road, West of South General Keamy Road, and Nodh of Metropolitan Water Distdct Fee Right-of-Way for San Diego Pipelines No. 4 & 5 in the Margadta Village Specific Plan No. 199 RECOMMENDATION: That the City Council approve 1) Tract Map No. 23371-8 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: On November 8, 1988, the Riverside County Board of Supervisors approved Conditions of Appruval for Vesting Tentative Tract No. 23371. Tentative Tract No. 23371, which is part of the Margadta Village Specific Plan No. 199, was granted an initial extension of time on November 8, 1990. The Development Agreement, between the City and McMillin Project Services, Inc., extends the life of the tentative map until July 10, 2007. The Developer has met all of the Conditions of Approval for recordation of the final map. Final Tract Map No. 23371-8 is an eighty-four (84) lot single family residential subdivision with two (2) open space lots. The 12.56 net acre subdivision is located south of La Serena Way, East of Margadta Road, West of South General Kearny Road, and North of the Metropolitan Water District Fee Right-of-Way within Temeku Hills. The site is currently vacant. The following fees have been deferred for Tract Map No. 23371-8: Development Impact Fee due prior to issuance of occupancy permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 23371-8 I r:agdrptL-~:)00~O208~tr23371-8.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. 23371-8 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid To be paid pdor to issuance of occupancy permit CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23371-8 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 336,000 Water $ 109,000 Sewer $ 103,500 TOTAL $ 548,500 Monument $ 60,558 DATE: February 8, 2000 MATERIAL & LABOR SECURITY $ 168,000 $ 54,500 $ 52,000 $ 274,500 $ DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due 2 $ 0.00 $ 41,283.82 $ 246,456.00 $ 185.00 $ 8.00 $ 2,430.00 $ 3,027.92 $ 5,650.92 $ 0.00 r:agdrpt~000~208~3~l ~.map / ,~, ,~'~TEMECULA CALI. FORNtA Y N.T.S. VICINITY MAP RICK ENG~G CO~ 3050 ChlCOgO Avenue Suite 100 g:\d_ 13 193\ 193xbf69.dgn SCALE: N/A EXHIBIT J DATE: JAN 10, 2000 PLOT DATE; IO-JAN-2000 JN 13193 iN THE CITY OF TEMECULA, COUNTY OF R]VERS[DF., STATE OF CAL[FORNIA SHEET 2 OF 6 SHEETS TRACT NO. 23371-8 \ \ DETAIL 'A' m morn.,, ~- MARGARITA'I DETAIL 'q-I' ENGINEER'S NOTES EASEMENT NOTES ENVIRONMENTAL CONSTRAINT NOTE FO IN THE CITY OF TEMECULA, COUNTY OF RIVERS[DE. STATE OF CAL]FORN[A TRACT NO. 23371-8 SHEET 4 OF 6 SHEETS NOTES 15 / ~o~ \ <~ DETAIL 'C' / / ~ / ~Z 10 / BRANFORD DRIVE 60 59 MEDINAH WAY / I / 4b SCALE: I' = 40' i a ,.b 8b IN THE C[TY OF TEVECULA, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA TRACT NO. 23371-8 SHEET 5 OF 6 SHEETS NOTES ~4 RAD ~, 20 71 / 50 '~ \ LOT, 85 DETAIL 65 69 68 79 80 76 78 5O 48 49 45 46 ~ 47 51 52 [N THE CITY OF TEMECULA, COUNTY OF RWERSIDE. STATE OF CALXFORN[A SHEET G OF G SHEETS TRACT NO. 23371-8 // 28 ~.Tf/\ t / // PM ~/39 PM ~/3~ 3O 23 28 27 26 25 24 29 NOTES OPEN 5PACE / ) \ / 43 ,~l ) ~, ' \\ 44 ~"'/// DETA[L 22 40 ~ 4b 6 4b ab 21 71 73 74 '~ 76 SEE SHEET NO. 5 ENVIRONMENTAL CONSTRAINT SHEET IN THE C[TY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALiFORNiA SHEET 1 OF 1 SHEETS TRACT NO. 23371-8 PROCEDURE OF SURVEY ~,5 ~' '..-.~ DETAIL ~' DmECT,m Dlsr~ ?M ~/39 I ~' ENGINEER'S NOTES EASEMENT NOTES ENV I RONMENTAL CONSTRAINTS NOTES, ROAD TEMECULA VICINITY MAP 2~o ~ 2~o ITEM 9 TO: FROM: DATE: SUBJECT: APPROVAL CItY ATTORNEY ~.,~ ~, CITY OF TEMECULA AGENDA REPORT City Manager/City Council /)J-~William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Ovedand Drive Bridge, Project No. PW95-11 Construction Acceleration/Guidant Settlement PREPARED BY: Greg Butler, Senior Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Authorize the City Manager to approve contract change orders with CC Myers, Inc. for an amount of $170,000 above the previously approved 10% contingency for the Overland Drive Bridge, Project No. PW95-11. 2. Approve the transfer of $90,000 from the land acquisition funds for the Date/Cherry Street Overpass/interchange project to the Overland Drive Bridge Construction project. BACKGROUND: On December 15, 1998 the City Council awarded a construction contract to CC Myers, Incorporated in the amount of $6,008,546.20 for said project and authorized the City Manager to approve change orders not to exceed a 10% contingency. As directed by City Council, the contract specifications included incentive clauses which provided a $5,000 a day acceleration bonus not to exceed $500,000 if the contractor completed the contract work in advance of the 270 workdays allowed in the contract. CC Myers completed construction of the bridge and roadway improvements in 169 workdays on October 22, 1999, 169 workdays, thus qualifying them for the maximum bonus. During the course of the work contract change orders were approved to cover unforeseen extrawork and quantity increases relating to: traffic staging revisions, drainage corrections, relocation of private facilities, utility relocations/upgrades. These changes total approximately $270,000.00, leaving $330,000 in the contingency fund, which will be applied toward the $500,000 incentive. An additional $170,000 is necessary to fully fund the project acceleration. The City has negotiated a final settlement of approximately $1,209,000 for the purchase of the necessary right-of-way from Guidant Corporation for portions of the Overland Drive Bridge and Roadway Improvements between Interstate 15 and Ynez Road. The City had previously deposited $1,124,300 for this acquisition. This transfer will provide the necessary additional funding to complete this acquisition. ~\TEMEC_FS1Ol\VOL1\DEPTS'~DVV~AGDRPT~2OOO\O208\P~/95-11BONUS.DOC/ajp FISCAL IMPACT: This project is funded with CFD 88-12, TEA/STP, Capital Project Reserves, and Development Impact Fees. $90,000 will be transferred from the Capital Project Reserves currently allocated for Land Acquisition on the Date Street/Cherry Street Overpass/Interchange, Account No. 210-165-704-5700. ATTACHMENTS: 2. 3. 4. 5. Contract Change Order Summary Project Location, Ovedand Drive Bridge Project Description, Overland Drive Bridge Project Location, Date Street or Cherry Street Overpass/Interchange Project Description, Date Street or Cherry Street Overpass/Interchange R:',AGDRPT\2000\0208'~W95-11 BONUS.DOC/ajp Change Order Summary Overland Drive Bridge Project No. PW95-11 Original Contract Amount ......... ,~.... .................................................$ 6,008,546.20 Change Order No. 1 ...........................................................................$ 47,742.05 This change order provided for relocation of the temporary fence that restricted the fire lane at Guidant, removal of additional trees not shown on the plans, revising the stage 2A traffic configuration on Jefferson Ave, addition of a storm drain system and installation of 2 sewer laterals. Change Order No. 2 ...........................................................................$ -58,977.38 This change order provided for the elimination of the Traffic signal and safety lights at the Ynez/Overland Intersection (installed on another project), add 2 water services, correct CCO~i quantity, temporary relocation of fleeway lighting circuit. Change Order No. 3 ..........................................................................$ -100,006.00 This change order changed the bridge approach retaining walls to MSE walls. Change Order No. 4 ...........................................................................$ 22,775.00 This change order added the Temecula Valley Inn/Golden Corral driveway to the contract. Change Order No. 5 ...........................................................................$ 21,824.23 This change order provided compensation for extrawork associated with underground obstructions and realignment of the planned sewer line, storm drain and waterline. Change Order No. 6 ...........................................................................$ 27,586.93 This change order added a driveway for SCE to access their easement south of Overland Drive, provided compensation for installing the signal loops included in lump sum item for the traffic signal at Overland Ynez that was eliminated in CCO #2 and for additional traffic safety signs requested by the City. I r:\cip\projects\pwgSXpw95-1 l\cco\chang~ ord=r auramary Change Order No. 7 ...........................................................................$ 15,843.13 This change order provided compensation for the City requested additional as-built surveying along the east side of Jefferson Avenue and a re-design of the Guidant Parking lot due to changed site conditions. Change Order No. 8 ...........................................................................$ 43,606.60 This change order added the replacement of the Temecula Valley Inn/Golden Corral irrigation and landscape improvements to the contract. Change Order No. 9 .............................................................................$ 8,201.96 This change order revised Manhole #2 of the EMWD sewer system relocation to a 72' diameter manhole and revised the traffic striping along Jefferson Avenue, Stage 2C. Change Order No. 10 ..........................................................................$ 24,887.48 This change order added a 6" storm drain lateral below the colunto drain a bridge bent 8, and added modifications to existing improvements at the Adobe Plaza including handicap access ramps, conflicting median removal, adjusting entrance lights to grade. It also covered installation of directional signs mounted on the signal mast arms as well as replacing the permanent electrical circuit temporarily relocated in CCO//2. Change Order No. 11 (estimated) ...........................................................$ 32,000.00 This change order provides for relocation of Guidant's ornamental perimeter fence and parking lot lights now residing within newly acquired City ROW, removal of diseased trees within City ROW, and a new irrigation controller for the parking lot area below the bridge. Change Order No. 12 ............................................................................$ 8,637.14 This change order added an asphalt driveway and asphalt swale at the parcel in the NE corner of the Overland Drive Jefferson Avenue intersection, in an effort to prevent erosion. Change Order No. 13 ...........................................................................$ -3,316.65 This change order changed the traffic striping material from thermoplastic to paint at the request of the Maintenance Superintendent and the City traffic Engineer. 2 r:\cip\projects\pw95\pw95-1 l\cco\change order summary Change Order No. 14 (Estimated) ..........................................................$ 20,323.01 This change order added area drains at the toe of slope adjacent to the Golden Corral Restaurant due to ponding water, it provided compensation for the raising of an Air-Vacuum Assembly that was buried, and added a small retaining wall around an existing catch basin. Change Order No. 15 (Estimated) ..........................................................$ 10,000.00 This change order added a small garden wall to retain the sloped planter infringing into the Temecula Valley Inn Parking lot, it also made some flowline revisions to correct minor drainage problems at Hungary Hunter, Palm Plaza and Bridge Bent 3. Change Order No. 16 (estimated) ...........................................................$ 24,548.72 This change order revised the landscaping and irrigation at the corner of Ynez and Overland per TCSD's requests, including changing plants, irrigation modifications and replacement of and irrigation controller enclosure. TCSD will now be maintaining this area. Change Order No. 17 (Estimated) ............................................................$ 7,575.00 This change order provides compensation for repairing damages to completed work damaged by the Holiday Parade, SCE relocations requested by the City and for correcting a drainage problem behind the Potamus Press within the Adobe Plaza. Outstanding Issues ..............................................................................$ 25,000.00 These issues have been identified as extra work and not yet been assigned to specific change orders. Staff is in the process of negotiating costs or credits. Painting of relocated ornamental fencing at Guidant, addition of irrigation control valve at Bonsai Restaurant, added traffic safety signs and barricades, delete glare screen from k-rail, delete specified water services and irrigation controllers. Total Change Order Amount ...............................................................$ 178~251.22 3 r:\cip\projects\pw95\pw9S-1 l\c~o\change order summary Contract Item Adjustments ...................................................................$ 47,000.00 Due to variances in field measurements several of 103 contract items have either exceeded the engineer's estimated quantity or fallen below the engineer's estimate quantity resulting in either an added cost or cost savings, the cumulative effect being an increase in the contract amount as indicated. Adjusted Contract Amount ................................................................$ 6,233,797.42 Outstanding Claims ............................................................................$ 45,000.00 The contractor has identified 2 issues in which he is seeking additional compensation and that staff has arguments against any additional compensation. Vertical alignment of relocated Sewer. The Contractor completed work without exposing the upstream tie- in location. After laying the pipe to within 10 feet of the tie-in point he discovered the elevations would not match. The plans include a note requiring the contractor to expose the tie-in location to verify elevations prior to laying any pipe. Although the elevation on the plans may have been off, the contractor took away the City's opportunity to correct the problem by not exposing the tie-in location prior to completing the majority of the work. Staff is working to resolve this matter before it goes to arbitration. Potential cost to City estimated at $25,000. Traffic Control officers at signalized intersections during freeway detours. The contractor had to close the fleeway and detour traffic to Ynez during falsework erection and removal operations. The plans contain a note requiring traffic control officers at the signalized intersections along Ynez. The contractor's opinion is that the City should pay for the Officers. Staff's argument is that this is includes in the contract item for traffic control. Potential cost to City estimated at $20,000. 4 r:\eip\projgets\pw95\pw95-1 l\cco\ehangg order summary Adjusted Contract Amount $ 6,278,797.42 Other Financial Obligations .................................................................$ 500,000.00 The contract was written with an incentive clause for an accelerated construction schedule. The contractor would be paid $5000 per workday, 100 workdays ($500,000) maximum, for each workday the project was completed prior to the expiration of the contract time. CC Myers completed the work 101 days ahead of schedule thus qualifying them for the maximum incentive bonus. Total Adjusted Contract Amount ........................................................$ 6,778,797.42 Le~s Original Contract Amount ................................................................$ 6,008,546.20 Authorized Contingency ....................................................................$ 600,854.62 Additional Authorization Required ......................................................$ 169,396.66 ITEM 10 APPROVAL c ITYA'FI'ORNEY '~ DIRECTOR OF FINA~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council "hJFilliam G. Hughes, Director of Public Works/City Engineer February 8, 2000 Award of Construction Contract for Old Town First Street Bddge Over Murdeta Creek, Project No. PW95-08 PREPARED BY: Greg Butler, Senior Engineer - Capital Projects Ward Maxwell, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: Award the construction contract for the First Street Extension, Project No. PW95-08 to Riverside Construction Company in the amount of $4,522.222.00 and authorize the Mayor to execute the contract. Authorize the C ty Manager to approve change orders, not to exceed the contingency amount of $452,222.20, which is equal to 10% of the contract amount. Appropriate the necessary funds in the amount of $986,621.30 to cover the reimbursable costs from Eastern Municipal Water Distdct (EMWD) and Rancho California Water Distdct (RCWD) for their facilities associated with the bridge construction contract. BACKGROUND: On May 25, 1999 the City Council authorized staff to solicit public bids for the First Street Extension, Project No. PW95-08. This project will construct a new four-lane bridge at First Street over Muraleta Creek in Old Town Temecula. The general items of work to be completed consist of the following: realignment of First Street and Santiago Road, construct First Street from Front Street to Pujol Street including a bridge over Murdeta Creek, storm drain, water lines, sewer lines, sewer pump station, curb, gutler, sidewalks, street lighting, and; traffic signal. The design for this project stared in 1995. The plans were substantially complete when the project was put on hold due to postponing the construction of the Western Bypass Corridor. This project will construct First Street from Front Street to Pujol Street. Currently the Main Street Bridge over Murrieta Creek will not withstand a major flood. This new bridge connection will ensure safe access across Murrieta Creek during and after major flood events and improve local traffic circulation The plans and specifications are available for inspection in the office of the Director of Public Works. The engineers construction estimate for the project was $4,660,000.00. R:~agdrpt~000~0208~pw95~08.awd/ajp Twelve (12) bids were publicly opened on January 27, 2000 and the results of the bid are as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Riverside Construction Co .............................................................................$4,522,222.00 Canstello, Inc .................................................................................................$4,663,666.68 E.L. Yeager ....................................................................................................$4,689,998.90 Banshee Construction Co ..............................................................................$4,741,517.50 Mesa Construction .........................................................................................$4,778,536.80 Macro-Z Technology ......................................................................................$4,782,535.20 Granite Construction Company .....................................................................$5,137,731.00 Lapco Inc./CC Myers .....................................................................................$5,406,201.80 Gdffith Company ............................................................................................$5,800,835.30 Sean Malek Engineering & Const ..................................................................$5,955,958.50 W.R. Connelly, Inc .........................................................................................$6,511,629.00 AFR Construction, Inc ....................................................................................$6,971,705.40 Staff has reviewed the bid submitted by Riverside Construction Company, and found them to be the apparent lowest responsible bidder possessing a valid license and bid bond. The Contractor has satisfactodly completed similar projects for the City in the past. The specifications allow 240 working days for the completion of this project, which is anticipated to begin March 1, 2000. A copy of the bid summary is available for review in the City Engineers office. DISCUSSION: In order to complete this project, additional funds in the amount of $986,621.30 are necessary to cover the reimbursable costs from EMWD and RCWD for their facilities associated with the bridge construction contract. EMWD and RCWD will reimburse the City for all the additional costs associated with the construction of their facilities under agreements between the City and the Districts. A portion of the EMWD work was necessary to eliminate a major sewer conflict with the bddge construction. EMWD held prior rights to our project which made the City responsible for relocating the sewer conflict which was estimated as much as $240,000. A plan was developed to avoid the sewer conflict by building a sewer pump station on the west side of the bridge. The City is centdbuting $125,000 towards the cost of the pump station and providing a pump station site to eliminate the sewer conflict. The City's contribution is included in this Reimbursement Agreement. FISCAL IMPACT: The First Street Extension Project is funded by Redevelopment Agency and Capital Project Reserves. RCWD and EMWD will reimburse the City $347,714.25 and $638,907.05 respectively for work completed to their fadlities. The appropriation of $986,621.30 to the project budget is necessary to cover the reimbursable amounts from EMWD and RCWD to ensure that adequate funds are available in Account No. 280-199-807-5804 to cover the construction amount of $4,522,222.00 plus the contingency amount of $452,222.20 for a total construction cost of $4,974,444.20. ATTACHMENT: 1. Exhibit "A", CIP Project Description 2. Exhibit "B', Vicinity Map 3. Construction Contract 4. Draft Reimbursement Agreement - EMWD 5. Draft Reimbursement Agreement - RCWD 2 R:~agdrpt~OOO~0208~pw95-08.awd/ajp CITY OF TEMECULA0 PUBLIC WORKS DEPARTMENT FOR PROJECT NO. PW95-08 FIRST STREET EXTENSION THIS CONTRACT, made and entered into the 8t" day of February, 2000 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Riverside Construction Company, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. 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 FIRST STREET EXTENSION, PROJECT NO. PW95-08, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for FIRST STREET EXTENSION, PROJECT NO. PW95-08. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202*7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for FIRST STREET EXTENSION, PROJECT NO. PW95-08. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:\cip~prolects%pw95%pw95-08%contrad The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all, Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: FIRST STREET EXTENSION, PROJECT NO. PW95-08 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives, CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of:FOUR MILLION FIVE HUNDRED 'I'WENTY 'I1VO THOUSAND TWO HUNDRED TVVENTY TWO DOLLARS and NO CENTS ($4,522,222.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a pedod not to exceed Two Hundred Forty (240) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are appreved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS LUMP SUM BID SCEHDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the vadous portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B= Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR CONTRACT CA-2 R:%cip~rojects~w95~pw95-08%contract 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. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates authority to reduce the retention to the Engineer. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00- $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-3 R:\cip~projects',pw95~ow95-08~contract 10. 11. 12. 13. 14. 15. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craff, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend 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 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 secudng this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT CA-4 R:\cip~prolects'Cw95~ow95-08%contract 16. 17. 18. 19. 20. 21. 22. 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. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives dudng manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work, DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national odgin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U,S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: William G. Hughes, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Ddve Temecula, CA 92590-3606 CONTRACT CA-5 R:\cip%projects%pw95~ow~%contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above wdtten. DATED: CONTRACTOR Riverside Construction Company 111 Main St. (PO Box 1146) Riverside, CA 92502 (909) 682-e3oe By: Eugene P. Bosvert, Vice President/Secretary DATED: CITY OF TEMECULA APPROVEDASTO FORM: By: Jeffrey E. Stone, Mayor Peter M. Thorson, City Attomey ATTEST: Susan W. Jones, CMC/AAE, City Clerk CONTRACT CA-6 R:%cip',projects~pw95~pw95-08~contract REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA FIRST STREET EXTENSION, PROJECT NO. PW95-08 RANCHO CALIFORNIA WATER DISTRICT Dt AFT THIS AGREEMENT is nutde and entered into as of February 22, 2000, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water District, a California Water District and existing and operating under Division 13 of the California Water Code, hereinafter referred to as "RCWD'. In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The puq~se of this Agreement is to establish re'unbursement to CITY by RCWD for lhe cost of the relocation and installation of certain water improvements made necessary by the construction of First Street Extension, Project No. PW95-08, hereinafter referred to as "PROJECT". Section II. RCWD shall reimburse CITY for one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENT"), for the relocation and installalion of certain water improvements within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY by RCWD shall include the following items as shown within the attached Bid Restfit Spreadsheet: A. Water Items Extended Bid Amounts Bid Items W-1 through W-16 Bid Item 81 (Misc. Metal, 3868 lb.) $ 339,011.25 $ 8,703.00 $347,714.25 Total Section 11I. Costs are based on construction bids reeeived for the PROJECT under "Rancho California Water District Items" shown within the attached Bid Restfit Spreadsheet. CITY has evaluated and analyzed all bids received and selected the lowest responsible bidder for the PROJECT as Riverside Construction (herinafter referred to as "CONTRACTOR"). RCWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. RCWD shall maintain as a contingency an amount equal to ten percent (10%) of the total estimated costs of constructing the water facilities to account for unforeseen changes to the work. The CITY shall obtain approval from RCWD prior to the approval of any change orders associated with the relocation and installation of these facilities, and authorizing the contractor to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of RCWD in approving change orders associated with waterline construction shall be born by RCWD. RCWD shall respond to water facility change orders within three business days. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to RCWD for payment on the following basis: A. The Construction Schedule for PROJECT provides that the water facilities relocation shall occur on or about 10 days after the Notice to Proceed with the PROJECT has been issued. Fifty percent (50%) of the REIMBURSEMENT shall be due and payable to CITY fifteen (15) days after RCWD receives notice from the City that the project has been awarded. r:\cip\projects\pwgS\pw95-OB~r~wdagrrnt 1 B. The CITY will invoice RCWD for all accepted water improvements on a monthly basis. Invoices shall be due and payable within thirty (30) days after the EMWD receives an invoice Section IV. It is acknowledge that RCWD has reviewed and approved all CITY plans and specifications for the relocation and installation of the water facility improvements and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate Mr. Ward Maxwell, Associate Engineer, Capital Projects, as the contact for CITY in regards to this agreement. RCWD agrees to designate Mr. Andrew Webster, Planning and Capital Projects Manager, as a point of contact for RCWD to facilitate the reimbursements identified herein. Section V. INSPECTION RCWD shall provide and pay for inspection of all new and relocated facilities specifically, Bid Items W-1 through W-16. Section VI. NOTICES All notices under this Agreement shall be sent as follows: RCWD: Raneho California Water District 42135 Winchester Road Temecula, CA 92590 AIm: Andrew Webster, Planning and Capital Projects Manager CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Atm: Ward Maxwell, Associate Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. r:\cip\projects\pw95\pw95-OB~rcwdagrmt 2 This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT City: CITY OF TEMECULA Jeffrey E. Stone, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC/AAE, City Clerk REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA FIRST STREET EXTENSION, PROJECT NO. PW95-08 EASTERN MUNICIPAL WATER DISTRICT THIS AGREEMENT is made and entered into as of February 22, 2000, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Eastern Municipal Water District, a public agency organized and existing pursuant to Division 20 of the California Water Code, hereinaeter referred to as "EMWD~'. In consideration of ~e mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish reimbursement to CITY by EMWD for the cost of certain sewer improvements made necessary by the construction of First Street Extension. Project No. PW95-08, hereinafter referred to as "PROJECT". Section lI. EMWD shall reimburse CITY for one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENT"), for the sewer improvements within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY by EMVqD shall include the following items as shown within the attached Bid Result Spreadsheet: A. Sewer Items Extended Bid Amounts Bid Items E-1 through E-26 Bid Item 81 (Misc. Metal, 2525 lb.) Less City's Contribution $ 758,225.80 $ 5,681.25 <$ 125,000.00> $ 638,907.05 Total Section IlL Costs are based on construction bids received for the PROJECT under "EMWD Items" shown within the attached Bid Result Spreadsheet. ClTY has evaluated and analyzed all bids received and selected the lowest responsible bidder for the PROJECT as Riverside Construction (herinafter referred to as "CONTRACTOR"). EMWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. EMWD shall maintain as a contingency an amount equal to ten percent (10%) of the total estimated costs of constructing the sewer facilities to accotmt for unforeseen changes to the work. The CITY shall obtain approval from EMWD prior to the approval of any change orders associated with the installation of these facilities, and authorizing the contractor to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of EMWD in approving change orders associated with sewer improvements shall be born by EMWD. EMWD shall respond to sewer facility change orders within three business days. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to EMWD for payment on the following basis: A. The Construction Schedule as prepared by the CONTRACTOR for the PROJECT identifies when certain sewer improvements will be constructed in the course of the work. Fifty percent (50%) of the REIMBURSEMENT shah be due and payable to CITY fifteen (15) days after EIVIVVI) receives notice from the City that the project has been awarded. r:\cip\projects\pw95\pwgE-OB\ernwdagrrnt B. The CITY will invoice EMWD for all accepted sewer improvements on a monthly basis. Invoices shall be due and payable within thirty (30) days after the EMWD receives an invoice Section IV. It is acknowledge that EMWD has reviewed and approved all CITY plans and specifications for the installation of the sewer facility improvements and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate Mr. Ward Maxwell, Associate Engineer, Capital Projects, as the contact for CITY in regards to this agreement. EMWD agrees to designate Mr. Jeff Wall, Senior Engineer, as a point of contact for EMWD to facilitate the reimbursements identified herein. Section V. INSPECTION EMWD shall provide and pay for inspection of all new and relocated facilities specifically, Bid Items E-1 through E-26. Section VI. NOTICES All notices under this Agreement shall be sent as follows: EMWD: Eastern Municipal Water District P.O. Box 8300 Perris, CA 92572-8300 Attn: Jeff Wall, Senior Engineer CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: Ward Maxwell, Associate Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. r:\cip\projects\pwgB\pwgB-OB\emwdagrmt 2 This Agreement is dated as of the date set forth above. District: EASTERN MUNICIPAL WATER DISTRICT By: By: City: CITY OF TEMECULA By: Jeffrey E. Stone, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC/AAE, City Clerk r:\cip\projects\pwgE\pw95-OB\emwdagrmt 3 ITEM 11 APPROVAL CITY ATTORNEY ~~ DIRECTOR OF FINANCE GITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council /~'William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Completion and Acceptance of Construction Contract for Mall Improvements for Ynez Road - Overland Drive to Winchester Road and Winchester Road - Ynez to Margarita Road, Project No. PW97-06 PREPARED BY: Ward Maxwell, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: Accept the project, "Ynez Road - Overland Drive to Winchester Road and Winchester Road - Ynez to Margarita Road", Project No. PW97-06 as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On January 12, 1999, the City Council awarded the construction contract to Riverside Construction Company, in the amount of $999,999.00 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. The total cost of the project including authorized contract change orders and quantity adjustments was $1,098,227.35. This project provided deceleration lanes, median modifications, left-turn lanes, bus turnouts, new traffic signals and traffic signal modifications on Ynez Road and Winchester Road. The construction included roadway widening, curb and gutter, sidewalks, storm drains, one (1) new traffic signal on Winchester, one (1) new traffic signal on Ynez Road, and modifications to existing traffic signals at Ynez and Winchester Roads. These improvements fulfilled a portion of the City's Mall development agreement obligations. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The Promenade Mall Roadway Improvement Project was funded with Development Impact Fees in Account No. 210-165-683-5804. The total authorized contract amount for this project was $1,098,227.35. 1 r:~agdrpt~2000\0208~pw97-O6.acc ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor~s Affidavit 2 r:~agdrpt~2000~0208~ow97-06.acc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecule, 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. A Contract was awarded by the City of Temecula to Riverside Construction Company to perform the following work of improvement: Winchester Road and Ynez Road Widening Project No, PW97-06 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 February 8, 2000. That upon said contract the SAFCO Insurance Company of America 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: PROJECT NO. PW 97-06. 6. The street address of said property is: Winchester Road to Overland Drive and Winchester Road to Ynaz Road. Dated at Temecula, California, this 8e day of February, 2000. Susan W. Jones CMC/AAE, 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 8`' day of February 8, 2000. Susan W. Jones CMC/AAE, City Clerk Bond #5952874 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW97-06 WINCHESTER ROAD AND YNc"Z ROAD STREET WIDENING KNOW ALL PERSONS BY THE~E PRESENTS.THAT: Riverside Construction Co., P.O. Box 1146, Riverside, CA 92502 NAME AND ADDRESS OF CONTRACTOR a Corporation , hereinafl;er called Principal, and frill in whether a Corporation, Pannership or individuali SAFECO Insurance Con~3any of ~nerica, 2677 No ~in Street, ~600, Santa Ana, CA 92705 NA~4E AND ~DDRE~ (3F ~UR~TY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum ofNinety Nine Thousand Nine Hundred Ninety Nine DOLLARS end Ninety CENTS ($ 99.999,90 ) in lawful money of The United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Tamecute under The terms of the Contract. for the payment of which. we bind ourselves, successors and assigns. jointly and severally, firmly by these presents. · 19 99 , e copy of which hereTo attached and made a part hereof for the construction of PROJECT NO. PW97-06, WINCHESTER ROAD AND YNEZ ROAD STREET WIDENING. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned To guarantee for the period of one (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 period; and WHEREAS, The said Contract has been completed, and was approved on February 8, , I~2000 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, The work done under The terms of said Contract shall discloB poor workmanship in the execution of said work. and the carWing out of the terms of said Contract, or i~ Shall.appear that defective materials were furnished thereunder, then thia obligation shall remain in full force and virtue. otherwise this instrument shall be void. Signed end sealed This 12th day of Janunrv · ~1:~2000. (Seal) MAINTENANCE BOND M- 1 APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL (Title) (Name) EUGENE p. BOISVERT VICE pRESIDENT/SECRETAI;~' (Title) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On ,~CLVLLiLLI'~ i~, ~O00 before me, personally appeared C.T. Harmon, Jr. Cartie Ann Bullock, Notary Public ~-personafiy known to me - OR -[] proved to me on the basis of satisfactory evidence to be the persongs)- whose name(s)-ij/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h,j_s/her,~liair authorized capacity(lesl, and that by his/her4heir signature(e) on the instrument the person(t/; ~ the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the informalion below is not requited by law, it may prove valual3i to per~ns rei)4ng on the document and could prevent fraudulent ramoval and reatmchment of ~hla fotrn to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by SIgner(s) Signer's Name: Signer's Name: [] Individual [] Corporate Officer '1~tle(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator Ij~J~Wll~ [] Other: T~o of thumb here [] Individual [] Corporate Officer Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: TcO of thumb hem Signer Is Representing: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S~te of California County of Riverside On JCt~%C{f~r~ iB/~c'?~j beforeme, Carrie Ann Bullock, Notary Public personally appeared Eugene P. Boisvert ,[~personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) i__s/am subscribed to the within instrument and acknowledged to me that h__e/she~they executed the same in hi_s/~ authorized capacity(-ies), and that by his/hed,,he~r signature~syon the instrument the person/<e), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this form to another document. Description of Attached Document 'Rtle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by SIgner(s) Slgner's Name: Signer's Name: r-i Individual [] Corporate Officer Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Panner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /~ County of _ /_0<j /~1,~-1~,5 ~ /,-of,-I' ,Pr, e, ocum~,r~ N~m Public, on i/' %0 o .be,e,e me. , .....,,,.i.o,o,....,.,.,.,.,o..',o,.,p.,..2 ' ~ personally known to me Z proved to me on the basis of satisfacto~ 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 9 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. SIgnature el Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: r'y'l ~l rl 1Ld'~l ~ [A (_-C- ~PY~ ~ caoo.me,t Pate: _///'Z- / O O _ N.mber of P~ges: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ~ rndividual ~ Corporate Officer ~ Title(s): ~ Partner ~; ~ Limited L General F/Attorney in Fact ~ Trustee Guardian or Conservator ; Other: Top of thump nero Signer Is Representing: ,e~ . ,, .. ~ o- ~o~ OF ATTORNEY SAFECO INSURANCE CCMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HC:~ME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 10433 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint its tree and lawful attorney(s)-in*fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character essued in the course of its business, and to bind the respeceve company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have eac~ executed and attes~d these presents this 27th day of ,Tanua~. 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, pRESIDENT CERTIFICATE Ext~ct from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vise President appointed for that purpose by the officer in charge of SUrety operaitons, shall each have authority to appoint individuals as attorneys-in-fact or under other apprepdats titles w~th authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument COnferring such authority or on any bond or undertaking of the company, the seal, or a fac~mile thereof. may be impressed or affixed or in any other manner reproduced; provided, hewever, that the seal shall not be necessan7 to the validity of any such instrument or undertaking ." Extract from a Resolution of the Board of Diractora of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisionsofArtisie V. Sectjon13ofthe By-Laws, and (ii) Acopy ofthe power-of-attorney appointment, executed purauant thereto, and (iii) Certifying that said power.of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimiJe, and the seal of the Company may be a face~mile thereof." I, R.A. Piemort, Secretan/of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a ResoJutjon of the Board of Directors of these corporations, and of a power of Attorney issued pursuant thereto, are true an~l correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 12th dayof January 2000 R.A. PIERSON, SECRETARY S-0974/5;AEF 7/98 ® Registered trademark of SAFECO Corporation 1127199 PDF CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW97-06 WINCHESTER ROAD AND YNEZ ROAD STREET WIDENING RIVERSIDE CONSTRUCTION 00. P.O. BOX 114~ This is to certify that RIVERSIDE, CA 92~0~1146 (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW97-06, WINCHESTER ROAD AND YNEZ ROAD STREET WIDENING, situated in the City of Temecula, State of California, more particularly described as follows: WINCHESTER ROAD AND YNEZ ROAD STREET WIDENING The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200. the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. Dated: OI--VT_,--OC) By: CONTRACTOR Sign GEORGE J. OUVO. P..F,. VICE FESlDF. NT Print Name and Title %~TEMEC_FS201 ~DATA%DEPTS~PW~CIP~PROJECTS~FNV97~PW97-Ob~BID1 -DOC. CTY RELEASE R--1 ITEM 12 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council r'f~.,~William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Completion and Acceptance of Construction Contract for Margadta Roari, Ovedand Drive and Long Canyon Creek Improvements, Project No. PW97-07 PREPARED BY: Ward Maxwell, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: Accept the project, "Margarita Road, Ovedand Drive, and Long Canyon Creek Improvements", Project No. PW97-07 as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On January 12, 1999, the City Council awarded the construction contract to Riverside Construction Company, in the amount of $3,190,225.00 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. The total cost of the project including authorized contract change orders and quantity adjustments was $3,401,377.51. This project widen Margarita Road from Winchester Road to Overland Drive to four (4) lanes, constructed Overland Ddve from Ynez Road to Margarita Road, re-graded Long Canyon Wash from Ynez Road to Margarita Road and constructed the Long Canyon Creek Detention Basin on the east side of Margadta Road between Solana Way and North General Kearny Road. The project provided channel improvements, storm drains, new box culverts under Margadta Road and Overland Drive, curb and gutter, sidewalks, streetlights, new pavement sections, and landscaped median islands on Margadta Road. These improvements fulfilled a portion of our Mall development agreement obligation. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. I r:~agdrpt~2000~0208~ow97-07.acc FISCAL IMPACT: This Capital Improvement Project for the Mall Improvements for Ovedand Drive Extension - Ynez Road to Margadta Road and Margarita Road Widening - Winchester Road to Solana Way Project was funded primarily through Development Impact Fees, Capital Project Reserves and SB 300 (SLTTP) funds. Contract Change Orders No. 1 through No.11 were approved by the City Manager in the amount of $211,152.51. The total cost of the project including authorized contract change orders and quantity adjustments was $3,401,377.41. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 r:~agdrpt~000~208~pw97-07.acc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Perk Drive Temecule, 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. A Contract was awarded by the City of Temecula to Riverside Construction Company to perform the following work of improvement: Margarita Road/Overland Drive and Long Canyon Wash Improvements Project No. PW97-07 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 February 8, 2000. That upon said contract the SAFCO Insurance Company of America 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: PROJECT NO. PW 97-07. 6. The street address of said property is: Margarita Road/Overland Drive and Long Canyon Wash Improvements. Dated at Temecula, California, this 8t" day of February, 2000. Susan W, Jones CMC/AAE, 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 8t" day of February 8, 2000. Susan W. Jones CMC/AAE, City Clerk Bon~ 5952875 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MNNTENANCI" ReND PROJECT NO, PW97.07 MARGARITA ROAD I OVERLAND DRIVE AND LONG CANYON WASH IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENTS THAT: Riverside Construction CcmDany,lll N. Main Street,Riverside, CA 9%~02 NAME AND ADDRESS OF: CONTRACTOR Corporation ~ in whether · Corpora~on, Partnership or inolvldual) , heroinalter called Principal, and hereinafter called 8UR~_iY, are held and firmly bound unto CITY OF TEMECULA, hereinafier caged OWNER, in the penal sum of three hundred nineteen thousand twenty two DOLLA]~ end fifty CENT9 ($ 319,022 °50 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the tern of the Contract, for the payment of which, we bind ourselves. successore and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OEUGATION is such that whereas the Principal entered into a certain .Contract with the OWNER, dated the :L~th day of Ja.n~.'a~ .19 99 , a copy of which IS hemto attached and made a part hereof for the construction of PROJECT NO. PWgT-.07. MARGARITA ROAD I OVERLAND DRIVE AND LONG CANYON WASH IMPROVEMENTS. WHEREAS, said Contract provides that the Pdndpal will fumish a bond conditioned to guarantee for the peded of one (1) year after approval of the ~inal estimate on said job, by the OWNER. against all defects in workmanship end mate~als which may become apparent dudng said pedod; end WHEREAS, the said Contract has been completed, and was appmved on February 8,2000 , NOW. THEREFORE, THE CONDITION OF THIS OBUGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor wollm~anship in the execution of said work, and the cem/ing out of the terms of said Contract, or it shall appear that defective materials were fumeshed thereunder, then this obligation shall remain in full force and virtue, othenNise this instrument shall be void. MAINTENANCE BCiND MB-1 Signed and seeled this 24 day of January , ]112000. (Seal) By: , /~, (Name) L~vnda K. ]3ecker Attorney-In-Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL ~VERS~DE CONSTRUCTION COMPANY (Name) pRESIDENT/MANAGER/TREASURER By: ~UGENE P. BOISVERT (Name) O'me) VICE PRESIDENT/SECRLrTARY MAINTENANCE BOND MB-2 ,~ ~ * .. ~ o- ~o~ oF ATToRNEy SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATFLE, WASHINGTON 98185 No. 10182 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington coq~oration, does each hereby appoint its true and lawful attomey(s)*in-fact, with full authority to execute on its behalf ~de!ity and surety bonds or undertakings and other documents of a similar character issued in the Course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 11 th I~A, PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETy BONDS _. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety oparations, shall each have authority to appoint individuats as attorneys-in-fact or under other appropriate hties with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its bgsiness... On any ins~ument making or evidencing such appointment, the signatures may ha affixed by facsimile. On any instrument canfening such authority or ot~ any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the sea[ shall not be Pacessan/to the validity of any such instrument or undertaking." Extract f~om a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificata executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Arlicte V, Section 13 ofthe By-Laws, and (ii) Acopy ofthe power-of-attorney appotstment, executed pursuant thereto, and (ii~ Certif'/ing that said power-of-attorney appointment is in full force and elfact, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do herelay certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporatidns, and of a Power of Attorney issued pursuant thereto, are tnJe and mrrect, and that both the By-Laws, the Resolution and the Power of Attorney are still in fall force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 24th dayof J~B_rlllc~i"y . 2000 R.A. PIERSON, SECRETARY S-0974/SAEF 7/98 ® Registered trademark of SAFECO Comorat~on. 6/11/99 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of _,G On ~ , before me, , Date an ' n hc) personally appeared ~personally known to me D proved to me on the basis of satisfacto~ evidence to be the personS whose name~is~ subscribed to the within instrument and the same in ~er/t~ authorized capacity), and that by ~her~ signature~n the instrument the person(~or the entity upon behalf of which the perso~ acted, executed the instrument, Place Notary Seal Above WITNESS my hand and official seal. OPTIONAL Though the information below is not required by lav~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer -- ~tle(s): Partner-: Limited General "'t~Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of I ~ r' r, I ~ .v County of ':~ ~ L/~. i ',5 I~,- '] D.to before me, N......U .nt,. ot O.,o.. ,..9.. 'j.~ D~, Not../P2b,~", ' ~personally known to me - OR - Q proved to me on the basis of satisfacto~ evidence to be the person(s} whose name(s)~am subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~/their authorized capacid(los), and that by ~/their signature(s) on the instrument the pemon(s), or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual ~ Corporate Officer Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee ~ Guardian or Conservator ~ Other: Top Of thumb here [] Individual [] Corporate Officer Title(s): [] Partner -- [] Limited % General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW97-07 MARGARITA ROAD / OVERLAND DRIVE AND LONG CANY~I~j~Ji~i~yEA*F~ITS RQ. BQXlt48 This is to certify that p~m~a~jna: ~A ~,ra-n,E (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted-for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecola, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW97- 07, MARGARITA ROAD I OVERLAND DRIVE AND LONG CANYON WASH IMPROVEMENTS, situated in the City of Temecula, State of Califomia, more particularly described as follows: INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims adsing out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR heraby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. RrVEFISIO~ CONB'rRUC/ION ~O. RO. B0X1148 CONTRACTOR RIVERSIDE, CA 91502-1146 Sign Pdnt Name and Title GEORGE J, OLIVO. P,E. VIC~FII~8)ENT RELEASE R-1 ITEM 13 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council CITY ATI'ORNEY './~ ../ DIRECTOR OF FINANC CITY MANAGER ,'~ ~/t. William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Completion of Construction Contract for Category III Immediate Intersection Improvements for Margarita Road Southbound Lane to De Portola Road PREPARED BY: Brian Gulllot, Assistant Engineer- Capital Projects RECOMMENDATION: That the City Council: Approve Contract Change Order No. 1 to McLaughlin Engineering & Mining Inc. in the amount of $8,190.10; and Accept the construction improvements for Category III Immediate Intersection Improvements for Margarita Road Southbound Lane to De Portola Road as complete. BACKGROUND: At the City Council meeting of December 7, 1999, Council approved an intedm paving project to provide two (2) southbound lanes of traffic on Margarita Road from De Portola Road to Dartolo Road, and awarded the construction contract to McLaughlin Engineering & Mining, Inc.in the amount of $43,681.00 plus the 10% contingency amount of $4,368.10 for a total amount of $48,049.10. The interim project added one (1) additional southbound lane to the existing southbound lane. The purpose of the project was to provide immediate relief to the traffic congestion experienced at Margarita Road and Highway 79 South from the four-way "Stop". During construction activities unsuitable sub-grade soil conditions were encountered. The cost for correcting this condition exceeded the amount of the contingency; therefore, Contract Change Order No. 1 in the amount of $8,190.10 requires City Council approval. Currently, a consultant is working on the plans, specifications and estimates for the construction of the ultimate improvements on Margadta Road from Pio Pico Road to Highway 79 South. The ultimate widening will not be ready for construction until next summer. FISCAL IMPACT: This project was funded by the Public Works Department Traffic Improvement Account No. 001-164-602-5412. Adequate funds are available for the original contract amount of $43,681.00, plus the 10% contingency amount of $4,368. 10.and Change Order No. I in the amount of $8,190.10 for a total project cost of $51,871.10. ATTACHMENTS: Contract Change Order No. I I R:%AGDRPT\2000\02OB\MARGARITA INTERM PAVE-COMPLETION.DOC CONTRACT CHANGE ORDER NO. 1 CONTRACT NO. PW99-01 Sheet I of 2 City of Temecula PROJECT: MARGARITA ROAD INTERIM PAVING PROJECT TO CONTRACTOR: MCLAUGHLIN ENGINEERING & MINING, INC. NOTE: This chanqe order is not effective until aDproved bV the City Manaqer. CHANGE ORDER REQUESTED BY: CONTRACTOR 1.1 DESCRIPTION OF WORK: At Margarita Road and DePortola Road construct additional asphalt concrete paving to provide a transition for southbound traffic prior to the intersection. Method of Payment: Lump sum payment of $1,300.00 1.2 DESCRIPTION OF WORK: Unconsolidated soils were encountered during excavation of subgrade, Over excavation and recompaction of one-foot of the subgrade was required in order to obtain adequate compaction. Method of Payment: Lump sum payment of $4,046.84 1.3 DESCRIPTION OF WORK: Adjustment to quantities constructed. Bid Item No. 5- Unclass. Exc ......................................+43 CY Bid Item No. 6- Place .35' A.C .................................+23.2 TN Bid Item No. 7- Sawcut & Remove ............................+161 LF Bid Item No. 8- Race .83' A.B ..................................+7.04 TN Bid Item No. 10- Striping ........................................+1,000 LF Method of Payment: Unit Price Bid Item No. 5- Unclass. Exc ....................................$ 537.50 Bid Item No. 6- Place .35' A.C .................................$1,264.40 Bid Item No. 7- Sawcut & Remove ...........................$ 257.60 Bid Item No. 8- Place .83' A.B ..................................$ 133.76 Bid Item No. 10- Striping ..........................................$ 650.00 CONTRACT CHANGE ORDER NO. I CONTRACT NO. PW99-01 Sheet 2 of 2 Original Contract Amount ...........................................................................................$ 43,681.00 This Change ...............................................................................................................$ 8,190.10 Previously Approved Changes..... ~ ..............................................................................$ 0.0 Total Adjusted Contract Amount .................................................................................$ 51,871.10 Adjustment of Working Days .......................................................................................................0 Approved: (as authorized by ~ ~ Date: City Manager) City of Temecula - William G. Hughes, P.E. Director of Public Works/City Engineer We the undersigned contractor has 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 above specified, and will accept as full payment therefore the prices shown above. Accepted, Date: By: Name: Contractor: Title: McLaughlin Eng. & Mining, Inc. Company name If the contractor 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. ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City ManagedCity Council ~3~Y]/~VVilliam G. Hughes, Director of Public Works/City Engineer DATE: February 8, 2000 SUBJECT: Professional Services Agreements - Cozad & Thomsen, Inc. and O'Malley Engineering Corporation Annual Contract for Survey Services; Various -CIP Projects Approved for FY 1999-2000 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with Cozad & Thomsen, Inc. in an amount not to exceed $40,000 to provide as needed survey services; and Approve the agreement with O'Malley Engineering Corporation in an amount not to exceed $40,000 to provide as needed survey services; and 3. Authorize the Mayor to execute the agreement. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2000 to 2004 that will require survey services. The attached agreements are for two separate annual contracts to provide as needed services. These services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. Two (2) firms have been selected for annual contracts so that the City is assured that at least one firm will be available when needed. Once the annual contracts are executed, each service request will be negotiated separately and may contain some or all of the following services: · Research existing survey data · Obtain Traffic control permits · Locate and verify existing monuments · Establish and verify horizontal and vertical control · Locate horizontally to 0. 1" feet all existing facilities which information was unavailable during the collection and analysis of research data · Perform construction staking · Prepare legal description and exhibits for right-of-way acquisition, storm drain and ingress/egress easements · Prepare and file Record-of-Survey 1 \\TEM EC_FS101 'tVOL 1 \DEPTS\PWAAGDRPT\2000\O208'~AnnUal Contract Survey, agr,doc · Prepare and file comer record documents · Prepare boundary surveys The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. A cumulative not to exceed limit of $40,000 has been set by the Agreement. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Council. ATTACHMENTS: 1. Agreement with Cozad & Thornsen, Inc. 2. Agreement with O'Malley Engineering Corporation 2 \\TEMEC FS101\VOLI\DEPT$\PW~AGDRPT\2000\0208~nUal Contract Survey.agt.doc CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES THIS AGREEMENT, is made and effective as of February 8, 2000, between the City of Temecula, a municipal corporation ("City") and Cozad & Thornsen, 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 February 8, 2000, and shall remain and continue in effect until February 8, 2001, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Surveying Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Surveying Services on an as needed services, the City will identity the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Forty Thousand Dollars and No Cents {$40,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authodzed in advance and in wdting by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 1 r:'agrmts~T~asters~annual contract\Cozad&Thomsem agrmt 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 pdor wdtten notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 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 Consultan~'s control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the dght to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a pedod of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make 2 r:~agrmts'~nasters~annual contract~Cozad&Thomsem agrmt available to the City, upon reasonable wdtten request by the City, the necessan/computer software and hardware for purposes of accessing, compiling, transferring and pdnting computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injudes or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the wdtten consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnity, 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 adsing out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-perfom~ance of this Agreement, excepting only liability adsing out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covedng Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non. owned auto endorsement to the General Liability policy descdbed above is acceptable. (3) Workers Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be wdtten on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (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:~agrmts',masters'annual contract~Cozad&Thornsem agrrnt (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing 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 proiect, the Consultant's insurance coverage shall be pdmary 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 contdbute 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, canoeled by either party, reduced in coverage or in limits except after thirty (30) days' pdor written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 r:~agrmts%masters'annual contract\Cozad&Thomsem agrmt f. Verification of Coveracle. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. 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 rapresent 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 wdtten authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of suppod, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, headng or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the dght by City to control, direct, or rewrite said response. 5 r:~agrmtsvnasters~annual contract\Cozad&Thornsem agrmt 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: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Ddve Temecula, California 92590 Attention: City Manager Cozad & Thomsen, Inc. 151 South Girard Street Hemet, California 92544-4662 Attention: Kevin B. Cozad, President 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City, Because of the personal nature of the services to be rendered pursuant to this Agreement, only Kevin B. Cozad, President shall perform the services described in this Agreement. Kevin B. Cozad may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice pdor to the departure of Kevin B. Cozad from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. 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 Califomia shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into 6 r:~agrmts~nasters~annual contract\Cozad&Thomsem agrmt this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Cozad & Thomsen, Inc. 151 S. Girard St. Hemet, CA 92544-4662 (909) 652-4454 Kevin B. Cozad, President By: Name: Title: (Signatures of two corporate officers required for Corporations) 7 r:~agrrnts~'~asters~annual contract\Cozad&Thornsem agrmt EXHIBIT A TASKS TO BE PERFORMED 8 r:~agrmts~masters~annual contract\Cozad&Thomsem agrmt /c. ,, CIVIL AND STRUCTURAL EEjG :,4EERS · ~'v'iUHICIPAL C,DNSULTANTS · bURVEYORS , GPS · PLANNERS November 19, 1999 Amer Attar, P.E., MBA Senior Engineer - Capital Projects City of Temecula P O Box 9033 Temecula, CA 92589-9033 (909) 694-6411 Fax (909) 694-6475 RE: STATEMENT OF QUALIFICATIONS FOR RFQ # 03 FOR SURVEYING SERVICES - HOW WE CAN PROVIDE YOU WITH EXCELLENT SERVICE AND QUALITY CONTROL Dear Mr. Attar, The City of Temecula's Annual Contract for Survey Services intrigues us because it is exactly the type of service we believe we do best. Cozad & Thomsen, Inc. has a unique method of staffing and managing projects to maintain quality control. Our licensed land surveyors are also engineers. We assign one of our engineers as the party chief on the survey crew for the initial topographic survey. The designated engineer then designs the project. Later, dudng the construction phase the same engineer returns to the field as party chief to provide construction surveying. For our own projects we have found that this process keeps the same person closely . involved in all aspects of the project and provides an effective method of maintaining quality control for our clients. Although, design services are not a part of the City of Temecula's Annual Contract for Survey Services, I believe our party chiefs design experience will be an added benefit to the City during either initial topographic surveying or construction surveying. Cozad & Thomsen, Inc. has focused on providing our municipal clients with excellent service by maintaining a manageable staff and work back log. We have provided consulting engineering and surveying services to most of the cities, municipalities and water districts in western Riverside County. However, I think you would be most interested in our work with Eastern Municipal Water District (EMWD). Since 1994, Cozad & Thomsen, Inc. has been selected as one of only a few firms designated as "Qualified Consultants" to provide annual surveying services to EMWD. Upon our interview, I can provide you with additional details on how we have successfully provided surveying services to our municipal clients on time and within budget. Kevin B. Cozad President :outh Girard Street · Hemel,/iL 2~!-; .;002 ¥. ',52 4454 · FAX: aOg/76b 8942 · -zac~'r~'iwc n~d CIVIL AND STRUCTURAL ENGINEERS MUNICIPAL CONSULTANTS SURVEYORS / GPS PLANNERS STATEMENT OF QUALIFICATIONS November 19, 1999 Annual Contract for Survey Services RFQ # 03 Prepared for: AMER ATTAR, P.E., MBA SENIOR ENGINEER - CAPITAL PROJECTS PUBLIC WORKS DEPARTMENT CITY OF TEMECULA 43200 BUSINESS PARK DRIVE P O BOX 9033 TEMECULA, CALIFORNIA 92589-9033 151 South Gir,3rd Street o Hemel, CA 92544 4662 909/652 4454 o FAX: 909/766-8942 o o3zad@ivic net Proposal for Annual Surveying Services City Of Temecula Statement of Qualifications November 19, 1999 PROPOSAL FOR ANNUAL I SURVEYING SERVICES It is well known that the City of Temecula has implemented an aggressive Capital Improvements Project Program to expand and improve the city's infrastructure. As part of the program, the City of Temecula requires professional surveying services for the planning, design and construction of new facilities and the improvement and maintenance of existing facilities. This may include research, boundary and control surveys, topographic surveys, aedal topographic surveys, and construction surveying. INTRODUCTION TO COZAD & THOMSEN, INC. Cozad & Thomsen, Inc. is a full service consulting engineering firm located in Hemet. Since 1977, Cozad & Thornsen, Inc. has provided civil engineering, structural engineering, planning, surveying, and project management consulting services to a wide range of public agencies throughout Southern California. Cozad & Thomsen, Inc. is a highly qualified team of principles and professionals with extensive consulting experience. Our staff of civil and structural engineers and surveyors will apply their expertise along with the leading computer aided design, drafting and surveying data collecting technology to your projects. Utilizing 100% CAD-based design and analysis, we can provide to or utilize fully compatible computedzed files from the City of Temecula. Currently, Cozad & Thomsen, Inc. is working with the Eastern Municipal Water Distdct as a "Qualified Consultant" providincl enqineerinq, survevinq and environmental services for proiects on an annual basis. During the past 20 years, we have also provided services to other water agencies including Rancho California Water Distdct and Elsinore Valley Municipal Water District; the City of Hemet, San Jacinto, Perris, and Riverside; the County of Riverside; school districts; hospital districts; recreation districts; the University of Redlands; Mt. San Jacinto Community College; and the University of California Riverside. I Cozad & Thornsen, Inc. Proposal for Annual Surveying Services City Of Temecula Statement of Qualifications November 19, 1999 Cozad & Thomsen, Inc. performs our own in-house surveying with staff members that are licensed land surveyors and that also have significant office design experience. The survey crew uses "state of the art" survey equipment including one-second Topcon electronic total stations with vertical axis compensation and full data collection interface with TDS data collection software for fast and efficient data collection, stake-out and transfer to office computers. Cozad & Thomsen, Inc. also utilizes GPS software for large scale control and aedal targeting surveys. The GPS software, base stations and receivers are rented on an "as-needed" basis for specific projects to reduce overhead costs. Cozad & Thomsen, Inc. staff are not only very familiar with the in-house equipment but are also proficient with the advantages and limitations of GPS surveying. FIRM DESCRIPTION AND ORGANIZATION Cozad & Thomsen, Inc. 's staff of nine includes two civil engineers dual licensed in surveying, one licensed land surveyor and two surveyors with Land Surveyor-in-training certificates. All staff members have both extensive professional design and surveying experience. Cozad & Thomsen, Inc. believes the key to quality control is to assign the same professional to the survey crew that will be performing the in-house design for projects. In this way our staff becomes intimately familiar with the type and accuracy of control and topographic data required by the design professional to prepare improvement plans and the requirements of the contractor during construction. 2 Cozad & Thomsen, Inc. Proposal for Annual Surveying Services City Of Temecula Statement of Qualifications November 19, 1999 AVAILABLE SERVICES Preliminary Research & Surveying - Survey research at the City of Temecula, the County of Riverside, Riverside County Flood Control and local utilities to obtain both recorded and unrecorded survey maps, monument ties and benchmarks. Research and analyze the existing recorded and unrecorded survey maps and compare to field monuments and field conditions. Review title reports and deeds to determine property boundaries and control. Obtain traffic control and encroachment permits from the City, the County and f' Caltrans to enter the public right-of-way dudng construction surveying. V/ Provide traffic control during construction surveying in the public right-of-way. Perform boundary and control surveys using record information and monument ties to locate existing monuments for street centedine and property lines for control mapping, At Cozacl & Thornsen, Inc.'s option, global positioning system (GPS) equipment may be used for either control or topographic surveying, Utilizing Riverside County benchmark NGVD 29 datum obtained from the County, the City or MWD, Cozad & Thomsen, Inc. can establish and vedfy vertical control and provide topographic surveying, construction surveying or large scale aedal mapping. Set 4-inch wide 4' X 4' aedal targets with X, Y, Z coordinates for horizontal and vertical control for aedal topographic surveying. Provide closure and reference maps to aerial survey firm for preparation of the aedal topographic survey map, Perform field topographic survey to collect field data, spot elevations and surface features of utilities with sufficient overlap for design of improvements for construction utilizing total stations with TDS data collection software. Hardscape physical features will be located both horizontally and vertically within .02+ foot accuracy. Natural ground features will be located within .10 + foot accuracy. Digital data reduction of topographic information, record utility locations, and aedal topographic data to a three-dimensional AutoCAD 14 or Intergraph .DGN compatible file. Perform construction surveying for road and facility improvements utilizing the design engineers CAD file, if available. Meet with the City and the contractor and determine the exact staking requirements for the project. Set off-set stakes, blue tops and other construction stakes required by the contractor to perform the grading and the construction of facilities. Perform office calculations for field stake out and provide cut sheets and control information to the City and the contractor. 3 Cozad & Thomsen, Inc. Proposal for Annual Surveying Services City Of Temecula Statement of Qualifications November 19, 1999 · Cozad &Thomsen, Inc. will also submit to the City: Utility location maps signed and stamped by Rick Thornsen, Professional Land Surveyor No. 6413, color coded per Caltrans utility mapping standards. B. Survey notes for the project route. Record maps collected from utility companies or public agencies for the project route. Cozad & Thomson, Inc. can also provide the following additional services to the City: Utility Research - Obtain available maps for water, sewer, electricity, gas, telephone, cable TV, and other known utilities in the project area. The results of the utility research can be added to the digital survey data file containing the topography. Field Locating of Existing Utilities - Vedfy surface utility markings along the project route. Above ground power and telephone poles can be field verified. Overhead wires can be located per record information, Research for the Acquisition of Right-of-Way - Research and obtain existing right- of-way documents and plot the existing right-of-way for review by the City. Prepare legal descriptions and plat maps for additional right-of-way and coordinate acquisition of right-of-way with the City. Coordination with Utility Purveyors - Meet with utility purveyors to coordinate the design of utilities that must be relocated for new construction. Redesign facilities, prepare construction cost estimates and prepare legals and plat maps for additional easements. Potholing - Additional subsurface utility exploration can be performed by potholing to accurately verify location and elevation of underground crossings. All topographic information and utility locations will be submitted to City staff for review in order to determine the alignment and to assign pothole locations, Assist City staff in determining location and ultimate number of potholes. Three-Dimensional Utility File - Plot available record and field verified underground and overhead utility information on the utility location map. Utility information will be plotted as a separate 3-dimensional digital file representing utility locations within the project limits. Utilities can be color coded per Caltrans Utility Mapping Standards. State Plane Coordinates - Assignment of state plane coordinates NAD-83 (CCS- 83, EPOCH 92.9) Zone 6, California State Plane Coordinate System, can be used at control points along the route 4 Cozad &Thomsen, Inc. Proposal for Annual Surveying Services City Of Temecula Statement of Qualifications November 19, 1999 Overall Project Feasibility - Review preliminary information to determine the overall feasibility of project, considering topography, existing utilities and conceptual design. Prepare preliminary construction cost estimates for City review. Project Management - Provide project management and coordination services of design consultants and processing through agencies for the City. Construction Administration and Inspection Services - Monitor compliance with plans, contracts and specifications. Review change orders, determine percentage completion and vedfy quality control. Prepare traffic control and barricade plans for construction. Full color photographic exhibits of facility or project routes. Video tape records of routes or sites before and after construction. SUBCONSULTANTS Topographic Mapping by Areo Tech Surveys, Inc Provide AutoCAD and Intergraph format digital aerial mapping at a scale of 1" = 40' with one-foot contour intervals, and computer plotted final mylar sheets at a scale of 1" = 100' with a 1' contour interval as determined by the City. Design file shall be to National Map Accuracy Standards, Utility Field Potholes by Saf-R-Dig Utility Surveys, Inc. Cozad & Thomsen, Inc. shall contract with SAF-r-DIG Utility Surveys, Inc. for construction equipment and manpower necessary to excavate potholes, provide traffic control, and measure location and depth of existing underground utilities at potential conflicts. Traffic Control by Allied Barricade Provide traffic control and traffic control flags during field surveying. 5 Cozad & Thomsen, Inc. Proposal for Annual Surveying Services City Of Temecula Statement of Qualifications November 19, 1999 TEAM ORGANIZATION All City of Temecula projects awarded to Cozad & Thomsen, Inc. will be lead either by Kevin Cozad or Rick Thomsen, Project Manager. When a Request for Proposal is received, the project manager develops a scope of services including a task outline, a man-hour estimate for budgeting purposes, and a project schedule for completion of tasks. Project engineers and surveyors are assigned during the proposal phase in accordance with the specific needs of the project. The field crew will be lead by a licensed land surveyor. I PROJECT MANAGEMENT I Upon award of contract, an initial meeting is held between the project manager and City staff to confirm the scope of services and project schedule and to identify any special requests or additional services. An in-house "project kick-off' meeting between the project manager and the project survey staff is held to review the scope of services and task outline. Routine and unique tasks are identified dudng the kick-off meeting, the man-hour budget is discussed, and goals are set to meet specific milestones. Duties and responsibilities of all staff members are discussed and confirmed and the project schedule is reviewed. A bar chart may be developed to further assist staff in meeting task deadlines. The project manager will review the project during in-house review at the significant milestones. Depending on the size and duration of the project, the project manager may update the City of Temecula's Project Engineer, either by telephone or fax, on a weekly basis. All telephone correspondence with the City will be noted in the project file. Cozad & Thornsen, Inc. strives to maintain close communication between our project surveyor and clients during the course of each project in order to keep the project on task and schedule. 6 Cozad & Thomsen, Inc. Proposal for Annual Surveying Services City Of Temecula Statement of Qualifications November 19, 1999 PROJECTSCHEDULING Typically, Cozad & Thomsen, Inc. can commence work on projects within 3 days from authorization to proceed. Upon request, a detailed schedule, including bar chart representation, can be provided for specific projects. Cozad & Thomsen, Inc. tries to maintain a small manageable staff of engineers who are also land surveyors. This provides us with flexibility to assign any of are staff members to the survey crew. Because we have also focused on providing consulting services to only a small number of municipal clients we have been able to maintain a manageable work back log so that we can quickly respond to client requests. INSURANCE COVERAGE Cozad & Thomsen, Inc. currently possesses Professional Liability insurance coverage in the minimum amount of $1,000,000.00. Coverage can be increased to $2,000,000, if required by the City of Temecula. Cozad & Thomsen, Inc. also possess $2,000,000 general liability insurance and $1,000,000 automobile insurance and $1,000,000 of workers compensation insurance. Evidence of insurance is being forwarded to The City of Temecula. CONFLICT OF INTEREST To the best of our knowledge, no personal or organizational conflicts of interest exist which would prohibit us by law from working on City of Temecula projects. We have previously supplied structural engineering, civil engineering and surveying services to other municipalities in western Riverside County and we are set to begin services on the City of Temecula's Pala Road Sound Wall Project. CURRENT HOURLY FEESCHEDULE See attached Schedule of Fees. QUALIFICATIONS OF STAFF Brief resumes of company principals and other staff are included for your review. II PROJECTS I See attached summary. 7 Cozad & Thomsen, Inc. EXHIBIT B PAYMENT RATES AND SCHEDULE 9 r:'agrmtsvnasters'annual contract\Cozad&Thomsem agrrnt · . . ,;L -;D STRUCTURAL ENGINEERS · .!UF!I':!I:,sL CONSULTANTS ~ -' ~R',,R .C, RS' GPS · ~: At]HERS SCHEDULE OF FEES October 1, 1999 GENERAL SCOPE OF SERVICES Cozad & Thomsen, Inc. provides services in the fields of civil engineering, structural engineering, and land surveying in accordance with presently accepted professional practices. Cozad & Thomsen, 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. PERSONNELCHARGES-RATESPERHOUR Principal Engineer/Principal Surveyor/Structural Engineer ...................... 135.00 Project Manager ....................................................... 120.00 Civil Engineer ......................................................... 105.00 Project Engineer ........................................................ 95.00 Project Coordinator ...................................................... 85.00 Design Engineer ........................................................ 85.00 Drafting ............................................................... 65.00 Computer Design or Drafting - Staff rate plus $1 5/hour ......................... 105.00 Administrative .......................................................... 75.00 Typing, printing ......................................................... 45.00 Survey - Office time .................................................... 105.00 Two Man Survey Crew with Equipment (4 hr. minimum) ......................... 170.00 (Travel time charged portal to portal) OTHER CHARGES Expert Witness - Deposition and/or Court appearance ............... Two times houdy rate Expert Witness - Research, Case Review and/or Preparation ........... Normal houdy rate Mileage to and from meetings or project site .............................. $0.35/mile Blueprints, Duplicating, Photography, Binding, etc ......................... Cost + 20% Telephone calls, Postage ............................................ Cost + 20% Field Supplies (stakes, monuments, etc.) ................................ Cost + 20% 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 11~ 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 Sc!u;n :Z~r:r-: ::rreet · Hernet CA o25,1a: .- l 909/652 ,z~.l · :L,, ';'~Q/766 8O42 · rozad:rz,, :~ CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES THIS AGREEMENT, is made and effective as of February 8, 2000, between the City of Temecula, a munidpal corporation ("City") and O'Malley Engineering Corporation, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the padies agree as follows: 1. TERM. This Agreement shall commence on February 8, 2000, and shall remain and continue in effed until February 8, 2001, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Surveying Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Surveying Services on an as needed services, the City will identity the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described heroin. 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 negotiated and as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as diretied by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Forty Thousand Dollars and No Cents ($40,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in wdting by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Coundl. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. 1 r:~agrmts%masters%annual contract~D'malley agrmt 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 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by wdtten notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of 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 cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the dght to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all odginal 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 2 r:~agrmts~nasters~annual contractmaster2000 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 wdtten consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attomey 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 adsing out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may adse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covedng Automobile Liability, code I (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Workers Compensation insurance as required by the State of California and Employers 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 r:%agrmtsVnasters~annual contractrnaster2000 (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing 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 pdmary 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 insurers liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' pdor written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveracle. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on 4 r:~agrmtsVnasters~annual contractmaster2000 forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an altemative 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 roprasent 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 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 interrogatodes or other information conceming the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the dght by City to control, direct, or rewrite said response. 5 r:~agrrnts~,~nasters~annual contractmaster2000 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in wdting and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Ddve Temecula, Califomia 92590 Attention: City Manager O'Malley Engineering Corporation 720 West Sixth Street Corona, Califomia 91720 Attention: Jim O'Malley PE, President 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Jim O'Malley, President shall perform the services described in this Agreement. Jim O'Malley may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Jim O'Malley from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in wdting between the City Council and the Consultant. 15. LICENSES. At all times 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 govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into 6 r:~gn'nts'~masters~annual contractmaster2000 this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT O'Malley Engineering Corporation 720 W. Sixth St. Corona, CA 91720 (909) 734-0633 Jim O'Malley PE, President By: Name: Title: (Signatures of two corporate officere required for Corporations) 7 r:~agrmts~'nasters~annual contractmaster2000 EXHIBIT A TASKS TO BE PERFORMED 8 r:~agrmtsVnasters~annuai contractmaster2000 O'MALLEY ENGINEERING CORPORATION PLANNING / ENGINEERING /SURVEYING CONSTRUCTION MANAGEMENT November 18, 1999 Mr. Amer Attar PE, MBA Senior Engineer-Capital Projeers City of Temecnla 43200 Business Park Drive PO Box 9033 Ternecula, CA 92589-9033 The attached Statement of Qualifications describes our firm and the services we provide. The scope of the statement is broader than your request required because we believe that the depth of the 'fwm traproves the quality of our surveying services. As experienced engineers and land surveyors, we know what needs to be included in a survey to acquire information for a design project. We currently have two survey crews in the field and capacity for two more. Mr. Gomez LS, Vice President supervises the survey work. He joined this firm about ten years ago. His 30 plus year, career included working for the county of Riverside and serving as principal of Northstar Engmeering, in Temecula. XY& are a stable company. We started in 1970 and the only significant changes in that time were adopting state of the art tools to aid our work. Our commimaent to client service remains our paramount objective. The tasks you listed on the Request for Statement of Qualifications are common to the practice of land surveying and we have the expertise and capacity to do them all. The following provides some detail about those tasks as specifically requested. l Regeasch Information obained from records most be the basis for all surveys. There is the isohted case where an assumed dam and reference to existing features will do but I doubt the City would ever have such a project. We have an extensive library of record materials and field notes in our office, including coverage in Temecula. We can retrieve other information from appropriate sources as needed. L1. Tta~Fc Control Pennlts We have prepared what are sem. efmes called 'Detour Plans" many of our design proiects and are familiar with the W.A.T. CH. Manual and the needs of the public and contractors trying to schedule and coordinate their work. I,Z, Locate Existing Monutnents The key to locating existing monuments is carefully studying the notes of the earlier surveys, using effective metal detectors and not giving up the search too soon. The existing monuments often determine the true location of the point they reference even if they are not where we expect them to be. It is crucial to search diligently for existing monuments. LJ, Estabk~h Horizontal and Vertical Control The intended use of the control network will determine its precision. Most projects cover less than a mile. An accuracy ratio of 1:10,000 is precise enough for those proiects. We can work with greater precision but the results usually do not justify the additional cost. Control networks that cover a large area must be more precise because of the large distances and elevation differential involved. These more precise surveys require instruments adequate to do the task, repeated measurement and detailed analysis. These surveys require more time and therefore more expense. We have 2 @NTRACTORS LICENSE NO. A HAZ 7 ] 59' C FAX: (909) 737 9487 720 WEST SIXTH STREET, CORONA, CA 91720 PHONE: (909) 734 0633 mail@om englneenng.com November 18, 1999 ~.~A~PE,~A ~ofT~ P~2of2p~ ~pmmt md e~mce to conduct sEys ~ praise ~ 1:~,~. We ~so have ~e e~mce to what ~ m~t ~e dimes objective. We ~u~y conduct s~ys to m~o a c~umr mM~ of a s~eet s~ or to l~a~ itm for m~e~g desi~. We r~otd ~e fidd mformfion wi~ ~ coB~ md do~o~ it ~ a co~utet ~ ~e · e computer ~ ma~ c~ss sections of ~e e~s~g sie md to des~ new ~i to ~t~ e~s~$ We ~ a '~o~ Station" md prom to ~ ~ese ~ md ~e ~ ~ ~ closer ~m +/-0.1 L f ~nsffucdon S~ ~s~cfion s~;qg ~ a fo~da~on of ~e b~ess whm it ~ md r~s so ~ay. sE~a s~d ~st ~e~ ~ se~g s~s for cons~cfion ~ ~r~g ~ con~cto~. ~ set s~s for ~dud~ ~y eve~g b~t at a s~ific l~afion or election. Z Description of ~e Fkm LL At~ed Smtm~t of Ouali~ca~oas ~e a~ "Student of ~cafiom" descfi~s ~e f~m. We armfly have tm ~loyees ~duag m s~ey c$. We cm qui~y ~cr~e to fo~ c$ if ~e ~rMoad dads it. ~e p~ci~s of · e firm ~ work on p~jecm for ~e ci~. ~e smtsmt includes brief resses of ~ek ex~fimce. ~. Su~oBs~m~ We do me sukons~mm for su~ ~ ~ ae~ ~pp~g or ~ose ~c~ions whe~ ex~ cr~ for just a ~y or ~. In eider c~e, ~e cons~mt will ~ kause ~ w~ sdect ~e ~at cm ~t · e s&ed~e or stay ~ ~e m~cipa~d cosL It ~ not p~ficM to l~t ~ ~e fir~ we do bus~ess wi~ he~. We ~ ~s~s md sukons~mB ~ Ci~ S~f ~ ~e n~ ~e. 3. BilHng ~e am~M B~g hte Sedge sh~s our b~ rims md practices. 4. E~epfions ~ descfi~ on our B~g hte Sedge, o~ b~g rites do not include bluep~, o~t mailing cost md s~ item. We ~ ~s~t our su~ey da~ ~a ~ to royone ~at h~ ~at capab~i~. ~e~ is no &~ for ~g dmwm~ or o~er ntefi~ c~able of ~mg ~at se~ce. S~ce ~s request is to consider f~ for s~e~, ye~ ~defmed projec~ we have no exd~ions or exceptions. Pro~s~s or esa~s for s~cific projec~ wll pr~dy descfi~ ~at ~r~ mdud~ exdusiom. 5. Conformsnee ~ le %rms of ~e S.O.Q. ~s offer to pro~de seaices sh~ r~ o~ for at l~t 90 days. O~er ite~ con~ed here~ ue ~tended to conform to ~e ter~ of ~e S.O.Q In c~e of conflict ~n ~is d~mt md ~e term of ~e S.O.Q, we ~ defer to ~e S.O.Q. ~st re~ds O'~LEY ENGINEEMNG CORPO~ON O'MALLEY ENGINEERING CORPORATION PLANNING / ENGINEERING / SURVEYINC- CONSTRUCTION MANAGEMENT Introduction: O'Malley Engineering Corporation began operating in 1971. Out fast offtee opened in Anaheim and rooved to Corona in 1978. Out staff includes ~ndividuals of diverse experience and we assign fiaem the ~sks they do best Most of ou~ work is done to develop, or redevelop, land for residential, commercial or industrial building proiects. The following statement of qualificafons briefly describes the f~ra and its principals. Description of Services Plan~ng and Ena't]a~.~r We prepare and process applic~itions for real estate enti~ernents. That includes applications to subdivide, change zoning, Conditional Use Permits, General Plan amendments, create a Specific Plan, and others. We process these applications for many types of proiects including commercial and industrial construction.. En~in~ring Deign We designed many projects. Our designs always seek a balance between the highest fields and speediest sales. The city of Corona selected us design pilot projects to test new materials. We use that experience to the benefit of our clients. ~ S#me~ng We field survey crew for boundaries, topography, gathering infoffnafion for infmtructure design, construction smlclng and other work requiring such services. Survey Crews: The number of survey crews available vary with the volume of business. Currently we felid two crews and have equipment for four. The crews are all equipped with "Toni Stations" by Wild Instruments. Mr. Gomez direc~y supervises the survey work including onslte inspections of the work area before the project starts and during the work. Representative Projects: During the past 30 yeats we surveyed, designed and staked many projects. These projects included designing freeway ramps, land ctevelopmem~, storm drains, water distributions systems and other projects that required civ'd engineering or land survey expertise. Our primary goal is providing the service the client needs and providing it when it will do the most good. That usually means responding promp~y when called. And delivering the work product when promised. Goairaetclal-Iadlasttial r~-d Devdopmeat: Pa~xett~r B~ain~x Par~, Corona, CA. C/lent.' Pac~rtt~r B~'na~ Pn~t~rtits. En~tkment~: Annexation, Land ~:c~an~ ~it~ Fderd La~d, Subdillon, Ai~es~m~nt Dirtn'ct and Constraa~n P~rai~. This project was an industrial park covering about 50 acres that required a land exchange with the Corps of Engineers and earthwork volume of about 1.2 million yards. An assessment district was formed to finance pact of the construction. The engineering problems included a pressure reducing station for the water system, avoiding a high pressure gas line that crossed the property, annexation to the city and securing various easements and agreements with Federal agencies. Statement of Qualifications O'MALLEY ENGINEERING CORPORATION PLANNING / ENGINEERING /SURVEYING CONSTRUCTION MANAGEMENT Industrial Devdoptnent' EngelaufRetyck'ng Center, Rivorside, CA, C t,~nL· Engelauf Reqydng. En~'tlonents: Con&~t~nal Use Permi~ IVaste Management Permits aSr I~ndfil~ Air,Quak'~ and Consptuaion Penm'ts. The site was a quarry that left a hole from which 500,000 cubic yards of material was taken.. We secured peru'fits from several agencies to mite in construction waste, process it and sell it for road base. The project also included asphaltic concrete and cement concrete batch plants. It is now an established, profitable business. Cornrnetr. M Developme.~t: ElSobrante Commera~ Center, Conm~ CA. Cl;enR Sherod Enterprises: A ~mmmial Xprojea creating lots for various eommem'al uses. The project also int_l~.de# semml issues related ta d~ imposed fees and securing vamm property n'ghts from adjacent property o~nen. ResideatialDeveJoptaeae C C Ranth, Corona, CA, Clknt Hillride Daby Ena'tkments: Munk~al Rtorgam'~atian, Zone Chang, General Plan Amendmen~ Subth'via'on and Construct~n Permits from Co~ps of Engineers. The site was a daiff on 110 acres, with a common boundaft with Federal Land and included a municipal reorganization that changed city boundaries. The project created 354 residential lots and a yet underdoped commercial site. [nFraattuctute: Rtconstruct Tenth Street 6~ Buena Vt~taAmnue, Clknt' 0~ of Corona Widening existing streets including retaining walls and reconstructing driveways to confoma with new work. The project was included accommodating public access and restoring damaged improvements made by homeowners. These projects have many traps that can escalate the cost if the designer misses some existing features. This project required drafting detailed contracts and coordinating the work with affected property owners. Resumes of the Principals Mr. James 0 7vlalIty, PIE. ].D., President Mr. O'Malley started designing and building land development projects over thirty years ago. He is our principal engineer and founder of the finn. He is licensed to practice both Civil Engineering and Land Surveying, and General Engineering Contracting. He holds and Juris Doctor degree from Califomia Southem Law School (1999) He is directly responsible for entitlemerits and engineeringdesign. Mr. Lu~ Gome~ LS. Vice Presiden6 Mr. Gomez, Principal Surveyor directly responsible for all survey operations, brought thirty years experience in land surveying and land development to the f~rn. His experience includes most of the various categories offand surveying including aerial mapping, precise control surveys, construction staking, federal land surveys and assessment districts. His projects included GPS surveys and extensive boondavy analysis. Statement of Qualifications O'MALLEY ENGINEERING CORPORATION PLANNING / ENGINEERING /SURVEYING CONSTRUCTION MANAGEMENT Mr. Kt, n O ~qeil~ Urban Planner, Vice-president of O'Malley Engineering, has extensive experience with Redevelopmerit and Economic Development eftore in cities in Califomia~ Among them, the City of Norco where he served as Senior Planner and Economic Development Coordinator assembling properties for the Redevelopmerit Agency. Software We comtan~y acquire new equipment and update our software to provide state of the an service to our clients. We use software from various sources to m~k,, drawings that comply with the dient's preference. Most work is drafted with Autocad, version 14. We use WSPG and Heastad for hydraulic calculations, RRIV for hydrology, ENERCALC, for structures and CYBERNET for water distribution systems. Quality Control: We work hard to insure that our clients get the bes~ service possible. That includes extensive, in house, checking procedures. All work product is checked by experienced engineers and surveyors before and after and during the job. The checking process includes not only removing errors from the drawings and other documents we produce but more importantly, m, klng sure that the design is the best one to achieve the dienes objective. To help the client achieving that objective we must understand the ultimate purpose of the project and how the people will use it. That takes experience and judgement The best design is not the one that cost less to build but the one that no one notices because there is no problems using it. We will always come to a jobsite to respond to a call to report a conflict or other problem onsite. It is our policy m get to the site as soon as reasonably possible and stay there until the problem is resolved. We do not claarge for work to resolve issues if they are the result of something that should have been resolved when designing or snldng the project. The result of these procedures is a smoother tarruing project, and less cost for everyone associated with the project. Insurance: O~Malley En~cc~mg provides its clients with secu~ty. We casry all insurance noro~ffiy required for business including Professional ~ab~l ity (E~O) insurance covet~xg cla~ up to $2,000,000 and other Genet~ Ti~h~lity and Workrncn's ~ornpe~sation insusance cove~ noffnal]~ requ~cd to operate a business in Califorrd~ Statement of Qualifications O'MALLEY ENGINEERING CORPORATION PLANNING / ENGINEERING / SURVEYING CONSTRUCTION MANAGEMENT PARTIAL LIST OF CLIEN~11 Calved Real Prope~ies, Corona, CA City of Corona, Corona, CA City of San Jacinto, San Jacinto, CA Corona Medical Center, Corona, CA Engelauf Recycling, Riverside, CA Equity Directions, Inc. Newport Beach, CA El Sobrante Landfill, Riverside County Frahm Dodge, Nc~'co, CA Gilmore Development Company Hemborg Ford. Norco, CA Hillside Dairy, Corona. CA Hunsaker Company. Irvine. CA Investment Building Group, Newport Beach, CA McCune & Associates, Corona, CA McGrath Rentcorp, San Leandro, CA Mercury RubberCompany, Corona, CA Meyer Business Properties, La Habra, CA Mission Clay Company, Corona, CA Montrose Chemical Company, Stamford, CT Pacer Development Company, Newport Beach, CA Pacesetter Business Properties, Newport Beach, CA Robertshaw Corporation, Corona, CA Shea Homes, Walnut, CA The McGuire Corporation U.S. Tile, Corona. CA Western Community Bank, Corona, CA US Home, Riverside, CA Curtis Development, Temecula, CA Statement of Qualifications EXHIBIT B PAYMENT RATES AND SCHEDULE 9 r:%agrmts',masters%annual contractmaster2000 O'MALLEY ENGINEERING CORPORATION PLANNING / ENGINEERING /SURVEYING CONSTRUCTION MANAGEMENT STANDARD BII .I.ING RATES FOR ENGINEERING SERVICES Ej~ctite date: ]anuarj 1, 1999 Billln~ Rates: Prindpal .......................................................................................I 150.00 jZ~.r ~ur Archittct .............................................................................................95.00 J~r hour hindscape An'bitter ...........................................................................95.00 ~r ho~r Professt~nal Engineer / Sur~yor .......................................................95.00 ~ hour Comtngtt~ Engin~r, Su2~fintendent ...............................................85.00 per hour 5tn~r Designer ..................................................................................85.00 ~r host Dea'gner .............................................................................................75.00 ~r ho~r Plan Ckc~ smi~x .............................................................................65.00 l~r ~ur Drafting sinices .................................................................................60.00 ~r Clerical or Messenger sorah~s ...............................................................40.00 per hour Expert 1Vitness Testimo .ny ~ Pn'ndpals ..........................................180.00 per hot Fkld Survey Crews T~ Man tmw ......................................................................$140.00 per hour Three Man cre~ ........................................................................170.OOperhour Senices are offered under thej~16~'ng ttrms and cenditt~ns: 1. Field surrey crews art In'lied a mimeurn offiur (4) hours per day, txttpt when work interrupted ~ fiul weather. 2. Exp~ ~'tness testimony if h'M a minimum of 4 hoursper day t~clsah'ng travel tiene. 3. Estimated engt'nem'ngtes do not incldt inddental expenses such as bluepn'nts, oTpies, KAk mr, tt~ charges, plan check ties, mikagt expenses, messenger or ovenu'ght de~voy cost and similaritems. Costs advanced ~y this off~ on bcha~rof the dent an hIM at vastplus twenfy (20%)percent. lnvoias an due andpqyablt uponpresentation. Unpaid Ml~'ngs are supra to~nanet charges of 0.833% per month of the unpaid bakmm, beginning 30 dqs after invoict date. 720 WEST SIXTH STREET, CORONA, CA 91720 / FAX: (909} 737-9487 PHONE: (909) 73442)633 ITEM 15 APPROVAL,~ CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~rJ~"tWilliam G. Hughes, Director of Public Works/City Engineer February 8, 2000 Professional Services Agreements - Kleinfelder, Inc. and Converse Consultants Annual Contracts for Geotechnical and Material Testing Services; Various -CIP Projects Approved for FY 1999-2000 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with Kleinfelder, Inc. in an amount not to exceed $35,000 to provide as needed geotechnical and materials testing services; and Approve agreement with Converse Consultants in an amount not to exceed $35,000 to provide as needed geotechnical and material testing services; and 3. Authorize the Mayor to execute the agreement. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2000 to 2004 that will require geotechnical and material testing services. The attached agreements are for two separate annual contracts to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. Two firms have been selected for annual contracts so that the City is assured that at least one firm will be available when needed. Once the annual contracts are executed, each service request will be negotiated separately with one of the two firms and may contain some or all of the following services: · Subsurface exploration and logs summarizing the conditions encountered · Seismicity · Geotechnical Evaluation and recommendations · Discussion of existing pavement or site conditions · Recommendations for removal of unsuitable material · Soil Ferrous corrosivity and Portland Cement attack potential · Environmental concerns/hazards · Review of available geologic maps and reports for the region · Discussion of the material encountered in the borings and measured engineering properties · Preparation of field and final compaction reports 1 F:\DEPTS~PVV~AGDRPT~2OO0\02OS',AnnUal Contrect Geotech.agr.doc · Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings · Observation and Field testing services during all phases of site grading · Field observation and testing during trench backfilling operations · Field density testing during subgrade and base compaction · Field sampling and testing of base and asphalt concrete · All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements · Batch plant inspections · Structure backfill observation and testing · Concrete sampling and testing · Consulting services requiring corrective and/or remedial recommendations The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. A cumulative not to exceed limit of $35,000 has been set by this Agreement. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Council. ATTACHMENTS: Agreement with Kleinfelder, Inc. Agreement with Converse Consultants 2 F:\DEPTS~P~GDRPT\2000\O208~Armual Contract Geotech.agr.doc CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL GEOTECHNICAL and MATERIALS TESTING SERVICES THIS AGREEMENT, is made and effective as of February 8, 2000, between the City of Temecula, a municipal corporation ("City") and Kleinfelder, 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 February 8, 2000, and shall remain and continue in effed until February 8, 2001, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Geotechnical and Materials Testing Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Geotechnical and Materials Testing Services on an as needed services, the City will identify the spedtic scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreernent. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Thirty Five Thousand Dollars and No Cents ($35,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Coundl. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. I r:~agrmts~masters'annual contract~kleinfelder agrmt 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 pdor written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OFCONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by wdtten notice to the Consultant. If such failure by the Consultant tp make progress in the performance of work hereunder adses out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files 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 2 r:~agrmtsVnasters'annual contract~kleinfelder agrmt available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and pdnting computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injudes or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. 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 adsing out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injudes to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covedng 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, workers compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be wdtten on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3 r:~agrmts',masters~annual contract~kleinfelder agrmt (3) Worker's Compensation as required by the State of Califomia; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance 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 adsing 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 pdmary 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 insurers liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covereqe. 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 4 r:~agrmtsVnasters~annual contracBkleinfelder agrmt forms provided by the City. All endorsements are to be received and appmved 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 Consuitant'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 adsing 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 interrogatodes or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatodes, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the dght, but has no obligation, to represent Consultant and/or be present at any deposition, 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. 5 r:~agrmts~masters'annuai contract',kleinfelder agrmt 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, retum receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, Califomia 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Kleinfelder, Inc: 43218 Business Park Drive, Suite E4 Temecula, Califomia 92590 Attention: Michael P. Kesler, Area Manager 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Michael P. Kesler, Area Manager shall perform the services described in this Agreement. Michael P. Kesler may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Michael P. Kesler from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in wdting between the City Council and the Consultant. 15. LICENSES. At all times 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 Califomia shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into 6 r:~agrmts~masterstannual contract~einfelder agrmt this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hemto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Kleinfelder, Inc. 43218 Business Park Dr, Suite E4 Temecula, CA 92590 (909) 506-1488 Michael P. Kesler, Area Manager By: Name: Title: (Signatures of two corporate officers required for Corporations) 7 r:~agrmts~masters~annual contract~kleinfeider agrmt EXHIBIT A TASKS TO BE PERFORMED 8 r:~agrmts~nasters~annual contract~leinfelder agrmt I~l KLEINFELDER November 19, 1999 Proposal No. 51-YP9623 City Clerk's Office City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 Subject: Statement of Qualifications Annual Contract For Geotechnical and Materials Testing Services Kleinfelder is pleased to present our proposal to provide geotechnical and materials testing services to the City of Temecula, in response to your Request For Statement of Qualifications (RFQ) No. 0l, dated November 2, 1999. Kleinfelder is an employee-owned, multi-disciplinary consulting firm specializing in laboratory testing and inspection, geoteehnical and environmental engineering, as well as construction management. Kleinfelder's overall capabilities and staff size allow us to perform testing and inspection services to meet critical time schedules in a cost-effective manner. The size of our firm and multiple office locations in southern California provide the ability to quickly add staff as necessary. Locally, Kleinfelder's southern California region includes offices in Temecula, San Diego, Irvine, Long Beach, Diamond Bar, and Redlands. The City will benefit from our ability to provide turn-key, "one-stop-shop" services locally and in-house. We are pleased to report that we provide all the tbllowing testing services required by the City of Temecula, as outlined in your RFQ. We are proud to have provided and are currently providing high quality testing and inspection services to the City of Temecula. As a local business of the City, Kleinfelder is committed to building our relationship by continuing provide quality engineering, testing and inspection services. We look forward to meeting with you to discuss our qualifications and your upcoming needs in greater detail. If you have any questions or need additional information, please do not hesitate to contact either of the undersigned at (909) 506-1488. Sincerely, KLEINFE DER, INC. an, PE Geotechnical Group Manager Area Manager Attachments: GeotechnicaFMaterials Testing Statement of Qualifications Fee Schedule Resumes of Key Personnel RR KLEINFELDER CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ) NO. 1 ANNUAL CONTRACT FOR GEOTECHNICAL AND MATERIALS TEST! NG SERVICES PROJECT DESCRIPTION We understand that the City of Temecula (City) wishes to obtain the services of a professional engineering firm to provide geotechnical and materials testing services for various Capital Improvement Projects (CIP) throughout the City during the fiscal year FY1999-2000. We understand, once an annual contract is executed, each service request will be negotiated separately and may contain some or all of the items outlined within the RFQ. Our technical staff is capable of performing the following tasks: 1. Subsurface Exploration. 2. Prepare field logs of exploratory borings, summarizing subsurface conditions encountered. 3. Seismicity of a particular region or site. Geotechnical evaluation and recommendations for site development and/or mitigation. 5. Pavement evaluations. 6. Soil Ferrous corrosivity and Portland Cement Concrete attack 7. Environmental concerns. 8, Review of available geologic maps and reports for the region. 9. Preparation of rough grade and final compaction reports. 10. Review of project plans and specifications, with respect to geotechnical and material testing. 11. Attend progress meetings. 12. Geotechnical field services during all phases of site or roadway grading. I3. Field observation and testing during trench backfilling operations. 14. Field compaction testing during subgrade and base compaction. 15. Field sampling and testing of base, concrete and asphalt concrete. 16. All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements. 17. Batch plant inspections. 18. Consulting services requiring corrective and/or remedial recommendations, if necessary. 19. Bridge inspection services during construction of new bridges. EXPERIENCE AND QUALIFICATIONS Kleinfelder is ideally suited to provide engineering and on-call testing services for the City of Temecula. Our Temecula office is located near the City Hall and we can respond rapidly to requests for service. Our Temecula laboratory is capable of performing common soil and materials testing with support from our San Diego and Redlands laboratories, which are capable of perfbrming some of the more specialty soil and materials testing. Our Redlands laboratory is inspected and certified by Caltrans to perform soil, concrete and asphalt testing. Most of our technicians are certified by Caltrans to perform soil, concrete and laboratory testing. We RIKLEINFELDER participate in the Caltrans laboratory Reference Samples Program. Our Redlands laboratory is one of the few in Southern California to be accredited by AASHTO in hot mix asphalt. Our experience and qualifications are detailed below. Kleinfelder is an employee-owned, multi-disciplinary consulting firm specializing in air, earth, and water sciences as related to the geotechnical, geological, environmental, construction management, and materials testing/inspection disciplines. Established in 1961, Kleinfelder has since expanded to its current size of over 1,150 employees in more than 53 offices and testing laboratories throughout the western United States. Our Southern California Region includes offices and/or laboratories within the Counties of Riverside, San Bernardino, Los Angeles, Orange and San Diego, with more than 160 qualified engineers, geologists, managers, field and administrative staff. Our capabilities and staff size allow us to perform geotechnical and testing services to meet critical, and at times unpredictable, time schedules in a cost-effective manner. Public Works Experience Kleinfelder has a long, successful track record of providing services on public works-related projects. Approximately 60% of our current projects in Southern California are public works related, either being performed directly for public agencies or through design/civil engineering firms. As a result, Kleinfelder is well versed in the requirements for timeliness and efficiency when working on public sector projects. After 38 years in the business, we have worked with many federal, state and local agencies and are knowledgeable of the applicable codes, regulations and ordinances associated with public works design and construction. As a result, we are experienced in the requirements for timeliness and efficiency when working on public sector projects. Our services on these projects typically include: · Analysis and approval of imported backfill material; · Inspecting preparation of existing surfhces to receive fill; · Monitoring placement and compaction of fill including required tests; · Advancement of exploratory borings; · Obtaining and testing samples for a variety of properties; · Preparation of soils, foundation and geo-seismic reports; · Emergency response to soil failure, flood or earthquake damage; · Other miscellaneous soils engineering services. We have also performed independent review of consultant reports for development projects on behalf of our clients. A summary of recent, relevant experience is presented below. RRKLEINFELDER Cultruns Expertise Kleinfelder has provided construction and testing services directly for Caltrans projects in Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 59, and has worked routinely on projects that require Cultruns oversight for other owners, consultants or contractors. Local projects requiring Cultruns oversight have been pertbrrned for the City of Corona and Temecula, Riverside County Transportation Department, San Bernardino County Transportation and Flood Control Department, San Bernardino Associated Governments (SANBAG), Orange County Public Facilities and Resources Department, Transportation Corridor Agency (TCA), and numerous local agencies and municipalities. Through these projects and hundreds for cities and counties, our personnel are well versed in Cultruns procedures, documentation, plans and specifications. Field inspection, sampling and testing, laboratory testing, engineering analysis, and report preparation follow Caltrans specifications, as required. The resulting knowledge of these procedures along with our experience with construction materials, construction practices, and local experience promotes a high quality of service while optimizing the efficiency of project- related tasks. Materials Construction Testing and Observation Kleinfelder's objective is to reduce the uncertainty in dealing with construction materials. This objective is achieved through our in-house testing and qualification program to assure that qualified personnel are assigned to each project, and that registered engineers supervise the field and laboratory technical activities. Kleinf~lder technicians and/or inspectors are certified by or encouraged to obtain advanced certification from local and nationally recognized programs, and are cross-trained to provide field observation and testing services on a wide variety of projects. Many are certified by various agencies such as Callruns, southern California Counties and Cities, International Conference of Building Officials (ICBO), National Institute for the Certification of Engineering Technicians (NICET), and American Welding Society (AWS). CO~STRrUCTION OBSF..R~e'ATI()N ~ ~!AT:ERIALS TgSTiNG SF, RVICgS · ' Plac~nde~i c;'f Reinforcing Steel .....:' ' gild Orfiding · Foundation Excavhti/~n~ · High Strength and Expansion Bolting · Pile Driving · Concrete Placement · Asphalt and Concrete Paving · Drainage Systems · Backfill Placement · Drilled Pier Construction · Subgrade Preparation · Steel Construction · Rock Anchor Placement · Batch Plant Inspection · Masonry Construction · Reinforcement Placement · Load Tests · Soil Improvement · Field Instrumentation (inclinometers. __ _pie_zo_meters) ~ KLEINFELDER Laboratory Testing Kleinfelder laboratories are fully equipped for testing soil, rock and construction materials. Kleinfelder has an in-house quality assurance program to maintain a high level of accuracy and reproducibility in testing services performed by the firm. Experienced technicians perform the laboratory tests, and registered professional engineers review the results. All gauges, proving rings, scales, and other equipment used for testing are calibrated on a regular basis by certified independent agencies. Kleinfelder's own quality assurance program is supplemented with regular inspection by governmental agencies. Periodic inspection of our testing equipment and testing techniques is conducted by the U. S. Army Corps of Engineers, U. S. Navy, and U.S. Forest Service to verify acceptance of our testing laboratories for work performed for the respective agencies. The most significant outside quality assurance inspection of our firm is by the National Bureau of Standards through the Commercial Testing Laboratory Accreditation Program. KLEINFELI)ER LABORATORY ]'ESTING CAPABILITIFN Gcotechnical Testing · Soil Classification and Indices · Consolidation · Dispersion · Permeability · Swell · Hydraulic Conductivity · Direct shear · Tdaxial shear Materials Testing · Soil and Aggregate · Concrete · Masonry · Asphalt · Metals · Roofing · Epoxy · Timber PROPOSED STAFF Kleinfelder's project manager will be Mr. Gary Goldman, PE. Mr. Goldman has over 10 years experience in geotechnical engineering, preparing preliminary soils, foundation and percolation reports, and special reports dealing with specific geotechnical challenges. Projects have included bridges, roads, highways, railroads, landslides, buried structures, water facilities and buried conduits. He develops conclusions and recommendations for site grading, static and seismic foundation design, slope stability, retaining walls, soil mitigation methods, pavement evaluations and street structural section design. The organizational chart for our Temecula office is shown on the following page. Kay staff available for project assignment from our Temecula office include, Paul Roppo - Senior Staff Engineer, Rick Bell - Supervisory Technician, James Westerman - Senior On-Site Technician, Chu& Nieto - Field Technician, and Ruben Roque and Phil Harris - Laboratory Managers Other staff from our San Diego and Redlands office that are available to assist Mr. Goldman include Allen Evans, PE~ GE - Quality Assurance, Rick Larson, PE, GE - Senior Engineer, and Ron Thompson - Operations Manager. Resumes of key personnel are attached. RR KLEINFELDER SUB-CONSULTANT OR SUB-CONTRACTORS Kleinfelder does not foresee the need for sub-consultant or sub-contractor services. We are capable of performing all anticipated services in-house. OTHER CONDITIONS This proposal will remain in effect for a minimum of ninety (90) days from the date shown on the proposal. EXHIBIT B PAYMENT RATES AND SCHEDULE 9 r:~agrrnts%rnasters%annual contract~kleinfelder agrrnt ~ KLEINFELDER 1999 CALIFORNIA FEE SCHEDULE FOR ENVIRONMENTAL AND GEOTECHNICAL/MATERIALS TESTING SERVICES ( DISCOUNTED AT 15% ) ANNUAL CONTRACT, CITY OF TEMECULA, PUBLIC WORKS PROFESSIONAL STAFF RATES* Professional ................................................................................................................$ 64/hour Staff Professional ..........................................................................................................$ 81/hour Senior Professional .......................................................................................................$ 89/hour Project Professional ......................................................................................................$ 98/hour Project Manager ...........................................................................................................$102/hour Senior Professional .......................................................................................................$115/hour Senior Project Manager ................................................................................................. $125/hour Principal Professional ....................................................................................................$140/hour Senior Principal/Expert Witness ................................................................................... $ 275/hour Program Manager/Senior Consultant ................................................................................ $175/hour Senior Program Manager ................................................................................................ $195/hour ADMINISTRATiVE/TECHNICAL STAFF RATES AdministrativeANord Processor ....................................................................................... $ 47/hour Technician ...................................................................................................................$ 48/hour Associate Technician .....................................................................................................$ 48/hour Senior Technician ..........................................................................................................$ 58/hour Supervisor,/Technician ...................................................................................................$ 69/hour Draftsperson .................................................................................................... $ 55/hour CADD Operator .............................................................................................................$ 63/hour Minimum Charges For Office Time Per Day ......................................................................... One Hour at Application Rate * Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical, and environmental engineers; industrial hygienist; geologists; hydrogeologists; and computer specialist, !~! KLEINFELDER GEOTECHNICAL/MATERIALS TESTING EQUIPMENT CHARGES MATERIALS TESTING EQUIPMENT Skidmore Wilhelm Bolt Tension Calibrator ..................................................................................$ 42.00 / day Torque Wrench ..............................................................................................................................$ 42.00 / day Schmidt Hammer ...........................................................................................................................$ 68.00 / day R Meter (Pachometer) ...................................................................................................................$ 68.00 / day Windsor Probe ...............................................................................................................................$ 21.00 / shot Anchor Bolt Testing Device ................................:. ........................................................................$ 136.00 / day Concrete Vapor Transmission Test Kit-Floors & Slabs .......................................................RMA $ 58.00 / test Thin Lif~ Nuclear Asphalt Gauge ..................................................................................................$ 74.00 / day Nuclear Asphalt Content Gauge ....................................................................................................$ 73.00 / day Coring Machine with Generator ....................................................................................................$ 147.00 / day Floor Flumess Testing Device .......................................................................................................$ 95.00 / day Diamond Bit Core Barrel Charge Asphalt Concrete or Masonry 2" Diameter .......................................................$ 6.00 / inch ...............................................$ 4.75 / inch YDiameter .......................................................$ 7.50/inch ...............................................$5.25/inch 4" Diameter .......................................................$ 9.00 / inch ...............................................$ 6.30 / inch 6" Diameter ......................................................$12.50 / inch ...............................................$ 7.50 / inch 8" Diameter .......................................................$15.75 / inch ................................................$ 10.50 / inch Minimum bit charge-6" per job SOIL AND AGGREGATE TESTS COMPACTION CURVES Standard 4" Mold ..............................................................................................D-698 Method A$ 168.00 / each Standard 6" Mold ..........................................................................................D-698 Method B, C$ 189.00/each Modified, 4" Mold ...........................................................................................D-1557 Method A$ 168.00! each Modified, 6" Mold .......................................................................................D-1557 Method B, C$ 178.00/each California Impact, Dry Method ..................................................................................CAL-216-F$ 189.00/each California Impact, Wet Method .....................................................................................CAL-216$ 147.00/each Check Point ...................................................................................................................................$ I05.00/each Relative Density (Maximum and Minimum) .....................................................D-4253 & 4254 $ 273.00/set SOIL AND AGGREGATE STABILITY R-Value, Unlxeated Material or field Sample ................................................................CAL-301$ 220.00/each R-Value, Reproportioned or Chemically -Treated ........................................................CAL-301 $ 265.00/each Correction for oversized material in sample .................................................................CAL-301$ 63.00/each C.B.R.. 100% Compaction (Includes compaction curve) .....................................D-1883, T-180 $ 515.00/each C.B.R. Other Compaction Effort (Includes compaction curve) ........................................D- 1883 $ 672.00/each Soil Cement, C.T.B., Mix Design .................................................................................................On Request C.T,B. Compression Test, (Includes Preparation) ...........................................D-1633, CAL-312 $ 798.00/each Lime-Treated Compression Test (Includes Preparation) ...............................................CAL-373 $ 795.00/each Check Point ...................................................................................................................CAL-373$ 220.00/each Cement-Treated Compression Test ....................................................................PCAEB052.06S $ 525.00/each BASIC SOIL AND AGGREGATE PROPERTIES Sieve Analysis, Coarse and Fine Including Wash ...............................................................C-136$ 116.00/each Sieve Analysis, Coarse (Retained on No. 4 Sieve) ..............................................................C-136$ 68.00/each Sieve Analysis, Fine Including Wash (Passing No. 4 Sieve) ..............................................C-136 $ 100.00/each Sieve Analysis, Wash (% Finer than No. 200 Sieve) ..........................................................C-117 $ 68.00/each Hydrometer (Without Sieve Analysis) ................................................................................D-422$137.00/each Hydrometer (Including Sieve Analysis) ..............................................................................D-422$205.00/each Specific Gravity ...........................................................................................C- 127, C- 128, D-854$79.00/each Sand Equivalent, Average of 3 ......................................................................................CAL-217$89.00/each Sand Equivalent, One Point Method .............................................................................................$74.00/each Plasticity Index ..................................................................................................................D-4318$138.00/each Liquid Limit ......................................................................................................................D-4318$89.00/each Expansion Index Test ......................................................................................D4829, UBC 18-2$136.00/each Swell Pressure, Per Point ...............................................................................................................$84.00/each Moist~re Determination and Unit Weight ............................................D-2216, D-2937, D-4643 $ 42.00/each Moisture Determination Only ............................................................................D-2216, D-4643$ 21.00/ each Resistivity of Soil (Laboratory Measorement) ..................................................CAL-532 or 643 S 13500/each 90-SAC\I. DAMICO\PRIVA'IE\I999\FEtZd:IZIi99-Z99-(ico-I (Rcvlsed 1/[/991 pH Test (Laboratory Measurement) .............................................................................EPA-9045$ pH Test, Lime Treated Soils ................................................................................................C-977$ Organic Content-Soils .......................................................................................................D-2974$ Pinhole Test for Dispersive Soils ......................................................................................D-4647$ Dielectric Constant ........................................................................................................................$ KLEINFFLDER 47.00/each 90.00/each 84.00/each 210.00/each 50.00/each HYDRAULIC CONDUCTMTY Flexible Wall, Falling Head ................................................................D-5084, EM 1110-2-1906$ Rigid Wall Permeability of Undisturbed Sample, up to No. 4 Sieve Size .................................... $ Rigid Wall, Constant Head, Grovel ...............................................................................................$ SAMPLE PREPARATION Trimming .......................................................................................................................................$ Remolding .....................................................................................................................................$ Splitting .........................................................................................................................................$ Mixing and Processing ..................................................................................................................$ SHEAR STRENGTH AND CONSOLIDATION TESTS Unconfmed Compression, Including Moisture Content and Unit Weight ................................................................................................................D-2166$ Triaxial Compression Test Quick Per Point ......................................................................................................................$ UU Saturated ..............................................................................................................D-2850$ CD Saturated ................................................................ CU Saturated ..............................................................................................................D-4767 $ CU Saturated with Pore Water Pressure .....................................................................D-4767 $ Direct Shear (Quick) Per Point (Dry) ................................................................................D-3080 Direct Shear (3 point staged test) (Saturated) ............................................................................... Direct Shear (Residual) Per Point (Saturated) ...............................................................................$ Consolidation, With Two Time Rates ...........................................................................................$ Constant Rate of Strain Consolidation, With Time RaW ...................................................D-4186 $ Consolidation, Without Time Rate, Six Load Increments .................................................D-2435 $ Collapse Potential ..........................................................................................................................$ 315.00/each 158.00/each 158.00/each 48.00/each 63.00/each 47.00/each 55.00/hour 95.00/each 121.O0/point 200.00/point 305.00/point 240.00/point 347.00/point 100.00/each 265.00/each 105.00/point 340.00/test 525.00/test 262.00/test 95.00/each Note: Special testing procedures that deviate from standard will be charged on a time and expense basis. AGGREGATE QUALITY Injurious Organic Matter .......................................................................................................C-40$53.00/each Absorption, Gravel ..............................................................................................................C-127$53.00/each, Absorption, Sand ........................., .......................................................................................C-128$79.00/each Unit Weight, Average of 3 .................. ; .................................................................................C-29$89.00/test Unit Weight, One Point Method ............................................................................................C-29$58.00/each Los Angeles Abrasion Test-500 Revolutions ....................................................CAL-211, C-131 $ 142.00/each Los Angeles Abrasion Test-l,000 Revolutions .................................................CAL-211, C-535 $ 185.00/each Sulfate Soundness (5 Cycles) Per Sieve Size ......................................................CAL-214, C-88 $ 89.00/each Mortar Making Properties of Sand (2 ages) ........................................................CAL-515, C-87 $ 357.00/each Potential Reactivity Test .....................................................................................................C-289On Request Cleanness Test (Keferee Test) .......................................................................................CAL-227$ 131.00/ each Crashed Particles on Sieved Sample .................................................................CAL-205, D-693$ 131.00/ each Flat and Elongated Particles on Sieved Sample ...................................D-4791, CE-119, CE-120 $ 131.00/ each Clay Lumps and Friable Particles ........................................................................................C-142$ 95.00/each Lightlyeight Pieces in Aggregate .........................................................................................C-123$ 210.00/each Durability, Fine ...............................................................................................CAL-229, D-3744$ 105.00/each Durability, Coarse ...........................................................................................CAL-229, D-3744$ 158.00/each Durability Index, Coarse and Fine ..................................................................CAL-229, D-3744$ 235.00/test 9(J-:%\( IDAMICO\I'I~IVA'I'E\I999\FEE\F[iE99-Z99-Gco-2 (Revised 111/99) RR KLEINFELDER CONCRETE Concrete Mix Design Review .......................................................................................................$ 185.00/each Laboratory Trial Batch, Including Compression Testing of Six Specimens ................................. $ 525.00/each Concrete Cylinder Cured and/or Compression Tested ..........................................................C-39 $ 23.00/ each Compression Test, Lightweight Insulating Concrete ..........................................................C-495 $ 47.00/each Unit Weight of Concrete Cylinders .....................................................................................C-138$47.00/each Flexural Strength, Concrete Beam ............................................................................C-78, C-293$90.00/each Compression Test, Gunite/Shotcrete .............................................................................................$58.00/each Compression Test, Gunite/Shotcrete Panel, Set of 6 Cores ...........................................................$205.00/set Compression Test on Cored Specimens (Includes End Preparation) ....................................C-42 $ 53.00/each* Cylinder Mold~ ..............................................................................................................................$2.70/each Drying Shrinkage Test, set of 3 .........................................................................C-157, CAL-530$370.00/each Modulus of Elasticity of 6" x 12" Concrete Cylinder .........................................................C-469$ 210.00/each Splitling Tensile Strength ....................................................................................................C-496$68.00/each Cement Content of Hardened Concrete .................................................................................C-85On Request Density of Spray Applied Fireproofrag ...............................................................................E-605$ 63.00/each Unit Weight of Lightweight Concrete .................................................................................C-567$ 63.00/each Concrete Permeability .................................................................................................CRD-C-48$1165.00/each Mortar Bar Expansion .........................................................................................................C-227$1165.00/ each * Does not include coring MASONRY Grout or Mortar Specimen Cared and/or Compression Tested ............................. C-579, C-1019, C-780, C-942, C-109 $ 23.00/each Compression Test, Masonry Units .......................................................................................C140$53.00/each Compression Te~t, 8 x 8 x 16 Prisms or smaller .............................................UBC 24-26, E 447 $ 84.00/each Compression Test, 10 x 8 x 16 Prisms or smaller ...........................................UBC 24-26, E 447 $ 95.00/each Compression Test, 12 x 8 x 16 Prisms or smaller ...........................................UBC 24-26, E 447 $ 105.00/each Absorption and Received Moisture, Masonry Unit ..............................................................C 140$ 63.00/ each Lineal Shrinkage, Masonry Units .....................................................................C-426, or Title 21$ 142.00/each Compression Strength, Brick ................................................................................................C-67$52.00/each Modulus of Rupture, Brick ....................................................................................................C-67$63.00/each Absorption Test, Brick, 5-Hoar with Coefficient ..................................................................C-67$78.00/each Shear Test on Masonry or Brick Cores .........................................................................CAL-644$84.00/each Grout or Mortar Mold ...................................................................................................................$2.65/each Breaking Load, Roof Tile ...........................................................................................UBC 32-12$37.00/each Absorption, Roof'Pile ................................................................................................UBC 32-12$63.00/each Permeability, Roof Tile .................................................................................................................$105.00/each ASPHALT Specification Tests-AR Grades .....................................................................................................On Request -Liquid Asphalt Grades ..........................................................................................................On Request -Emulsions .............................................................................................................................On Request Other Asphalt Tests .......................................................................................................................On Request Centrifuge Kerosene Equivalent ...................................................................................CAL-303$ 210.00/each Extraction, % Bitumen ..................................................................D-1856, D-2172, or CAL-310$ 132.00/each Extraction, % Bitumen, with Gradation ........................................................................................$ 210.00/each Film Stripping ...............................................................................................................CAL-302$100.00/each Stabilometer Test and Mixing of Sample ......................................................................CAL-366$195.00/each Stabilometer Test on Premixed Sample ........................................................................CAL-366$ 131.00/ each Swell ..............................................................................................................................CAL-305$ 105.00/each Moisture Vapor Susceptibility, in Addition to Stabilometer .........................................CAL-307 $ 210,00/each Complete Design of Wearing Surface for a Given Asphalt and Aggregate, Hveem or Marshall Method ..........................................................................On Request Marshall Stability and Flow-Set of 3 (Without Mixing) ........................... : .......................D- 1559$ 294.00/set Marshall Stability and Flow-Set of 3 (Lab Mixed) ..........................................................D-1559$ 378.00/set Unit Weight of Core or Compacted Sample ......................................................................D2726$ 42.00/each Moisture Content (Xylene Reflux Method) ..................................................................D-1461 $ 195.00/each 90-SAC\I.DAM [CO PRIVATE\1999\[:EENFEE99-Z99-Geo-3 (Revised l/1/99) ~ KLEINFELDER Maximum Density of Mix by Marshall Method, Set of 3 (Without Mixing) ................................ $ 173.00/ set Maximum Density of Mix by Hreem Method, Set of 3 (Without Mixing)..... CAL-304, D- 1561 $ 175.00/ set Maximum Theoretical Specific Gravity (Rice Method) ....................................................D-2041 $ 120.00/each Index of Retained S~ength .................................................................................D-1074, D-I075$ 860.00/each IndexofRetaincdStrcngth .....................................................................US Army Corps Method $ 588.00/each METALS Tensile, Up to 0.5 sq. in. Cross Sectional Area .............................................................................$ 63.00/each* 0.5 sq. in. to 1.8 sq. in ............................................................................................................$ 74.00/each* Greater than 1.8 sq. in ............................................................................................................On Request Bend Only .....................................................................................................................................$ 31.00/ each Tensile and Bend, Up to 0.5 sq. in. Cross Sectional Area ...................................................... $ 74.00/each Tensile and Bend, 0.5 sq. in. to 1.8 sq. in ......................................................................................$ 84.00/each Tensile and Bend, Greater than 1.8 sq. in ......................................................................................On Request Pre-Stress Strands, Tensile and Elongation .........................................................................A--416On Request Pre-Stress Wire, Tensile and Elongation .............................................................................A.421On Request Machining Costs ............................................................................................................................At Cost + 20% Weight of Coating (Set of 3) .................................................................................................A-90$ 110.00/set Bolts, Nuts & Washers, Hardness, & Load Tests ..........................................................................On Request * Does not include machining costs, if required. WELDING QUALIFICATIONS-STRUCTURAL STEEL (PHYSICAL TEST METHOD-ASME, AWS, API, II'tLE 21) Operator Performance and Procedure Tests ..................................................................................On _Request Machinixxg and Material Costs .......................................................................................................' On Request Laboratory Testing: .....................................................................Guided Bend Test, face or root Side Bend Test ....................................................................................................................... Free Bend Test ....................................................................................................................... Tensile Test (reduced section) ................................................................................................ Macroetch Test ......................................................................................................................... Fracture Test ........................................................................................................................... T Bend Test ............................................................................................................................ Notch Test .............................................................................................................................. 42.00/each 42.00/each 42.00/each 74.00/each* 68.00/each 47.00/each 63.00/each 53.00/each Fusion Qualification Test on High Pressare Polyethylene Pipe .................................................... On Request Qualification tests also available by X-ray procedures .................................................................On Request * Does not include machining costs, if required. ROOFING TESTS Standard Quantitative Analysis .....................................................................................................$ Weight of Bitumen, Ply Structure Diagram Standard Quantitative Analysis With Gravel ................................................................................$ Includes Weight of Gravel Quantitative Analysis ........................................................................................................D-2829$ Quantitative Analysis (New Roofs) ...................................................................................D-3617$ Unit Weight of Surfacing ..............................................................................................................$ Unit Weight of Sample ..................................................................................................................$ Diagram of Sample ........................................................................................................................$ Void Analysis ................................................................................................................................$ Ply Type Identification ..................................................................................................................$ Mat Type Identification .................................................................................................................$ Bitumen Sample Recovery ............................................................................................................$ 153.00/each 185.00/each 265.00/each 185.00/each 79.00/each 74.00/each 79.00/each 79.00/each 55.00/each 58.00/each 210.00/each Bitumen Type Identification (Sofiening Point) .............................................................................$ 142.00/each Compliance Report ........................................................................................................................On Request TechnicaI Photograph ....................................................................................................................On Request Roof Moisture Survey ...................................................................................................................On Request 90-SA(,I,DAMICO\PRIVA H!~II)'19\FiiIi'iFliI!c)I)-Z99-Gco-4 (Revised I/I/99) !~ KLEINFELDER TIMBER Moisture Con~ent Measurements ...................................................................................................$ 21 each, + teclmician's hourly rate Strip Tension Test .........................................................................................................................$ 95 each, + machining cost Truss Load Test .............................................................................................................................On Request Shear Test ......................................................................................................................................On Request Qualification Test For Adhesives ..................................................................................................On Request Face Ioint Bonding Test ................................................................................................................On Request End Joint Bonding Test .................................................................................................................On Request OTHER EQUIPMENT CHARGES GEOPHYSICAL EXPLORATION EQUIPMENT Seismograph, Single Channel Bison Model 1570C or Nimbus Model ES-125 .......................................................................................................................$189.00/day Seismograpb, Twelve Channel Nimbus Model ES 121OF ........................................................... $ 495.00/day Resistivity Meter, Bison Model #2390 .........................................................................................$165.00/day Soil Test Model R-40C .........................................................................................................$135.00/day Megger Earth Tester ..............................................................................................................$105.00/day Magnetometer, Portable Pwton-Geomettics Model 6816 ............................................................ $190.00/day Elec~romagnelics ..........................................................................................................................$ 220.00/day Terrain Conductivity Meter Geonics Model EM 31 ...........................................................................................................$ 200.00/day Downhole Shear Wave Velocity Measurement ............................... Z ............................................On Request Blast and Vibration Monitor, VM-100 (Normal set up and takedown) ........................................ $ 400.00/day Slope Indicato~ (4-hour winimam) ...............................................................................................$ 47.00/hour Pneumatic Piczometer Indicator Sinco Model S1411-A ............................................................................................................$180.00/day Sealed Double R'mg Infiltrometer Test Equipment ......................................................................................................................On Request VEHICLES Vehicle, 2 Wheel Drive ................................................................................................................$ 8.50/hour Vehicle, 4 Wheel Drive ................................................................................................................$ 16.00/hour Mileage, 2 Wheel Drive ...............................................................................................................$.53/mile Mileage, 4 Wheel Drive ...............................................................................................................$1.05/mile Vehicle Equipped with Standard Field Testing Equipment .......................................................... $ 16.00/hour Vehicle Equipped with Nuclear Density Testing Equipment ........................................................ $ 21.00/hour Vehicle Equipped with UItnsonic, Magnetic Particle, and Dye Penelrant Testing Equipment ...................................................................................$21.00/hour Utility Trailer ................................................................................................................................$37.00/day Hydraulic Hand Lift .....................................................................................................................$32.00/day OFFICE EQUIPMENT Microcomputer, basic software systems and supporting hardware ............................................... $ 21.00/hour Mainframe Computer Time-Sharing (per CPU n~nute) ............................................................... $ 9.00/minute Camera and Film ...........................................................................................................................$21.00/week Computer Connect Time ...............................................................................................................$7.50/hour Disk Storage (per megabyte) .........................................................................................................$74.00/month Environmental Information Management System Software Surcharge ........................................ $ 16.00/hour Project Management and CPM Software Surcharge ....................................................................$ 16.00/hour Reproduction ................................................................................................................................$0.50/page Telephone .....................................................................................................................................$0.50/minute Facsimile Copies ..........................................................................................................................$2.50/page Report Surcharge ..........................................................................................................................$37.00/copy Large Format Drawing Copies, 20-1b Bond .................................................................................$2.65/sq ft Large Format Drawing Copies, Erasable Vellum ........................................................................$3.70/sq ft Large Format Drawing Copies, Precision Trim ...........................................................................$1.60/each Mylar Reproductions .....................................................................................................................$16.00/sheet Autocad Drafting, Hardware and Software ..................................................................................$32.00/hour Autocad Drawing Plots ................................................................................................................$1.60/minute Video Camera ...............................................................................................................................$74.00/day I)O-SAC\LDAM[CO\PRIVATE\I999\FEL:\FEE99-Z99-Geo-5 (Revised I/I/99) CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL GEOTECHNICAL and MATERIALS TESTING SERVICES THIS AGREEMENT, is made and effective as of February 8, 2000, between the City of Temecula, a municipal corporation ("City") and Converse Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 8, 2000, and shall remain and continue in effect until February 8, 2001, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Geotechnical and Materials Testing Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Geotechnical and Materials Testing Services on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Thirty Five Thousand Dollars and No Cents ($35,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. r:~agrmts~masters~annual contractSconverse agrmt 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 pdor written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by wdtten notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of 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 pedod 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 cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the dght to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make 2 r:~agrrnts~masters~annua~ contractsconverse agrrnt available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the rouse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnity, 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 adsing out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injudes to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scol~e 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 covedng 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) Workers Compensation insurance as required by the State of California and Employers Uability 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. 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 Commemial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3 r:~agrmts~masters'annual contractsconverse agrmt Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contdbute 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 insurers 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 wdtten notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 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 4 r:~agrmts~rnasters~annual contractsconverse agrmt 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 adsing 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 thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the dght by City to control, direct, or rewdte said response. 5 r:~agrmts'~nasters~annual contractSconverse agrmt · 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in wdting and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Ddve Temecula, Califomia 92590 Attention: City Manager Converse Consultants 103901 Corporate Ddve Redlands, California 92370 Attention: Hashmi S.E. Quazi, Ph.D, P.E. 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Haehmi S.E. Quazi, Senior Vice President shall perform the services described in this Agreement. Hashmi S.E. Quazi may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice pdor to the departure of Hashmi S.E. Quazi from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice pedod. Upon termination of this Agreement, Consuitant'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 dudng the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of Califomia shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal 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 dghts under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, orai or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into 6 r:~agrmts',masters~annual contractsconverse agrrnt this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Converse Consultants 10391 Corporate Dr. Redding, CA 92374 (909) 796-0544 Hashmi S.E. Quazi, Ph.D.P.E. Senior Vice President/Principal Engineer By: Name: Title: (Signatures of two corporate officers required for Corporations) 7 r:~agrmts~nasters~annual contractSconverse agrmt EXHIBIT A TASKS TO BE PERFORMED 8 r:~agrmts~nasters~annual contractsconverse agrmt Converse Consultants Over 50 Years ol Ded~cahon ~n Geotechnical Eng~neenng and Environmental Sciences November 19, 1999 Mr. Amer Attar, P. E. Senior Engineer, Capital Projects City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: STATEMENTOF QUALIFICATIONS Annual Contract for Geotechnical and Materials Testing Services City RFQ No. 01 Temecula, California Converse Project No. 99-81-295-00 Dear Mr. Attar; Enclosed is our Statement of Qualifications (SOQ) to provide Geotechnical and Materials Testing services to the City of Temecula under an annual contract. This SOQ is submitted in response to the Request for Qualifications (RFQ) No, 01 issued by your office dated November 2, 1999. Converse Consultants (Converse) has the resources and experience to provide the City of Temecula with quality services in a cost effective and timely manner. We have extensive experience providing geotechnical, geologic, and environmental engineering, as well as soils and materials testing and inspection in the Temecula area. We are very familiar with the geotechnical and geologic conditions and constraints that will face your projects. The team we have assembled to provide the required services has recent experience working in Temecula for both the city and private enterprise. We have an excellent working relationship with your office and other city departments. Thank you for the opportunity to provide this SOQ. Please feel free to call the undersigned or Ms. Beth Calcaterra at (909) 796-0544 if you have any questions or would like to discuss this SOQ in further detail. CONVERSE CONSULTANTS ~ .,.--- _ / Hashmi S. E. Quazi, Ph.D., P. E. Senior Vice President/Principal Engineer 10391 Corporate Dnve, Redlancls Cahfornta 92374 99-81~295-00 November 19, 1999 Page 1 1.0 SCOPE OF SERVICES Based on the information in the RFQ our scope of services for the City of Temecula projects will likely include: 1.1 Project Set-up and Coordination Under the direction of the project manager a staff professional from Converse will set-up the project to provide the services outlined under our scope of work. The assignment under the project set-up will include; coordinate with the design firm and the city representative to schedule the field investigation; stake the boring location prior to drilling; notify Underground Service Alert (USA) to clear the borings for locations of underground utilities and arrange for a drill rig. I. 2 Site Reconnaissance A certified engineering geologist will conduct a geologic reconnaissance of the site and surrounding areas to evaluate geologic structure and faulting, as well as to map the areal distribution of the geologic units exposed at or near the surface. The purpose of the reconnaissance and mapping will be to identify: · Drainage · Geomorphic and geologic conditions · Fault and seismic hazard As part of the site reconnaissance, we will review all readily available geologic maps and reports for the region. 1.3 Subsurface Explorations Our proposed geotechnical investigation will provide personnel, equipment and materials to drill exploratory borings/test pits, conduct seismic refraction surveys if necessary, and geotechnical laboratory testing of soil samples. This information will be used to present the geotechnical/geologic issues that should be considered during the proposed development. The various tasks generally associated with geotechnical/geologic investigations are described below: ~Converse Consultants CCIEN'P, OFFICE\JOBFILE\1999\81 \99-295\99-295-0.pro 99-81-295-00 November 19, 1999 Page 2 Exploration Borings: The number of borings is determined based on the area of the project and the number of facilities to be constructed. The depth of the borings will, in general, range from five (5) to fifty (50) feet below existing ground surface or to refusal, whichever is shallower. Shallow borings will be drilled within the proposed access road and parking areas. Deeper borings are placed within the footprint of the proposed structures. In general, borings will be drilled using an 8-inch diameter hollow-stem auger drill rig. Ring and bulk samples will be obtained from each boring. Our field personnel will record driving blow counts and continuous logs of subsurface conditions encountered in the exploratory borings. Borings will be backfilled with native materials. Test Pits: If deemed necessary, a backhoe equipped with a 24-inch wide bucket will be used to excavate any necessary test pits. Information from the test pits will be used to evaluate excavation wall stability, removal depths and excavatability of site soils. The maximum depth of the test pits will be between five (5) and 15 (feet) feet below existing ground surface. Seismic Refraction Survey: We will perform seismic refraction surveys if necessary to evaluate depth to bedrock. The seismic refraction survey investigates the subsurface conditions by generating arrival time and offset distances to determine the path and velocity of an elastic disturbance in the ground. Shot, hammer, and weight drop or some comparable method of putting impulsive energy into the ground creates the disturbance. Detectors are laid out at regular intervals in a line to measure the first arrival energy and the time of arrival. The data are plotted in time vs. distance graph, from which velocity of, and depth of layers can be calculated. The information will be used to evaluate the excavatability and rippability of the bedrock and the thickness of the alluvium, Laboratory Testinq Soil samples obtained in the subsurface exploration will be transported to our geotechnical laboratory. Geotechnical testing will likely include, but are not limited to, the following: · In-place moisture and density tests · Laboratory maximum density and optimum moisture tests · Sieve analysis · R-value tests ~Converse Consultants CCIENT\OFFICE\JOI3FILE\1999\81\99-295\99-295-0.pro 99-81-295-00 November 19, 1999 Page 3 · Direct shear tests · Consolidation or collapse tests · pH, resistivity, and soluble sulfate and chloride tests Samples will be stored in our laboratory for at least 30 days after the report is completed. At that time, samples will be disposed of unless we receive notification to do otherwise. Geotechnical Analyses and Report PreParation Data obtained from the exploratory borings, test pits, seismic refraction survey and the laboratory testing program will be evaluated. A report will be prepared that will include the geotechnical/geologic issues that should be considered during development of the project. The report will include the following items: · Field and laboratory procedures used in the investigation · Description of the existing site and/or pavement conditions · A discussion of the materials encountered in the borings and test pits and measured engineering properties Logs of the exploratory borings and test pits summarizing the subsurface conditions encountered, results of laboratory testing, and a plan indicating the locations of the explorations · A discussion of site-specific geologic hazards including faulting and seismicity · Flood Potential · Depth of groundwater and its impact on the proposed development · Liquefaction potential · Collapse/expansive soil · Remedial grading and earthwork recommendation · Shrinkage and subsidence coefficient · Excavatability of site soils ~Converse Consultants CCIENT\OFFICE\JOBFILE\1999\81\99-295\99-295-0.pro 99-81-295-00 November 19, 1999 Page 4 · Surface and subsurface drainage · Preliminary foundation, column, retaining wall, pavement and slab design recommendations including lateral earth pressures · Pile design and construction recommendations, if necessary · SIope Stability evaluations · Soil Sulfate content implications · Soil ferrous corrosivity and Portland Cement attack potential · Utility Trench Backfill Recommendation · Environmental concerns/hazards · Recommendations for the removal of unsuitable material · Pavement design · A review of the Grading and Foundation plans 1.4 Services During Construction During the construction of the projects, Converse will provide observation and testing of the grading operations and materials. Converse will ensure that testing is in accordance with the project specification and applicable industry standards. The testing and inspection services that we will provide for the city of Temecula projects may include, but are not limited to: · Observation and field testing during all phases of site grading, to include removal of unsuitable soils, approval of areas to receive fill and mass fill placement · Field observation and testing during trench backfilling operations · Field density testing during subgrade and base compaction · Field sampling and testing of base and asphalt concrete ~Converse Consultants CCIENT~OFFICE\JOBFILE\1999\81\99-295\99-295-O.pro 99-81-295-00 November 19, 1999 Page 5 · Laboratory testing to support field services and satisfy Caltrans and other regulatory requirements · Batch plant inspections · Structure backfill observation and testing · Concrete sampling and testing · Attendance at progress meetings as requested · Consulting services requiring corrective and/or remedial recommendations 1.5 Additional Services Provided Converse Consultants offers a broad range of services in geotechnical engineering, earthquake engineering, applied earth sciencas (engineering geological/hydro- geological and environmental), and construction inspection and materials testing. Geotechnical and Geologic Investigations: GEOTECHNICAL AND EARTHQUAKE ENGINEERING: · Dynamic Properties Evaluation · · Earthquake Response Spectra · · Foundation Design & Recommendation · · Ground Improvement Design · · Ground Motion Response Spectra · · Instrumentation and Monitoring · · Lateral Earth Pressure Analyses Liquefaction Analyses Settlement Analyses Slope Stability Investigations Seismic Risk Analyses Seismic Hazards Evaluation Seismic Retrofit ENGINEERING GEOLOGICAL/HYDRO-GEOLOGICAL INVESTIGATIONS: · Applied Geological Mapping · Groundwater Studies · Fault Hazard Investigations · Feasibility Studies (Dams, Tunnels) · Field Testing and Monitoring · Hazard Assessments · Image (space & airborne) interpretation · Instrumentation and Monitoring · Liquefaction Investigations · Slope Stability/Landslide Analyses · Grading Recommendations · Geophysical Investigations · Water Resources Development · Watershed Management ~Converse Consultants CCIENT~OFFICE\JOBFILE\1999\81\99-295\99-295-O,pro 99-81-295-00 November 19, 1999 Page 6 Geophysical Investigations: Geophysical surveys involve non-destructive investigations for the identification of structural features/patterns and properties of geological formations. Converse staff has provided geophysicai services to several clients in the government, public and private sectors including United States Air Force, Department of Energy (DOE), United States Navy, airports, county landfill facilities, hospitals, hotels, schools, and property owners. Converse utilizes a range of geophysical methods including seismic refraction, electromagnetics, magnetic, ground penetrating radar, utility line tracing, downhole induction, and natural gamma logging methods for the acquisition of data to conduct the following: · Identification of Faults & Fractures · Measure Groundwater Elevations · Map Subsurface Voids & Old Stream Channels · Locate Metallic & Nonmetallic Utilities/Objects & Determine Their Depths · Delineate Saltwater/Fresh Water Interface in Coastal Aquifers · Delineate Thin Aquifers & General Lithology between Boreholes · Rippability Studies & Bedrock Delineation for Engineering Projects Construction Inspection and Materials Testing Services: A majority of municipalities require strict guidelines to be followed during construction of structures and adherence must be documented by approved geotechnical consultants, licensed inspectors, and certified laboratories. Converse provides inspection and testing services including: CONSTRUCTION INSPECTIONS Concrete Structural Steel · Batch Plant · Bolting · Pre-stress/Post-Tension · Erection · Site · Welding · Welding Qualifications ~Converse Consultants CCIENT\OFFICE\JOBFILE!,1999\81\99-295\99-295-O.pro Non Destructive Methods · Dye Penetrant · Magnetic Particle · Ultrasonic · Visual · Radiographic Ground Penetrating Radar · Concrete Penetrating Radar · In-place Concrete Soundness FIELD TESTING Construction Materials · Asphalt · Aggregates · Concrete · Masonry · Fireproofing 99-81-295-00 November 19, 1999 Page 7 Load · Compression · Flexural · Tension · - Shear · Strain Geotechnical Monitorincl & Testinq · Asphalt Laydown · Caissons · Density Testing · Driven Piles · Foundation Observation · Hillside Grading · Mass Grading · Pavement subgrade testing · Soil Nailing · Shoring · Stability evaluation of excavations · Testing of borrowed materials ~'~,Converse Consultants CCIENT~OFFICE\JOBFILE\1999\81\99-295\99-295-0.pro 99-81-295-00 November 19, 1999 Page Laboratory Testing Services: Converse offices have in-house laboratories enabling all tests to be conducted and results within the required time line. The tests are performed in accordance with ASTM and other applicable standards. Our laboratories are approved as materials testing agencies by the American Association of Highway and Transportation Officials (AASHTO), the Cement Concrete Reference Laboratory (CCRL), the U. S. Army Corps of Engineers (USACE), DSA, ICBO, and Caltrans. GEOTECHNICAL TESTING MATERIALS TESTING · Atterberg Limits · California Bearing Ratio · Compaction · Consolidation · Collapse · Density · Expansion Index · Hydrometer Analyses · Los Angeles Abrasion · Permeability · R-Value · Shear · Swell · Unconfined Compression · Sieve Analyses · Sand Equivalent Concrete & Masonry · Beams · Blocks · Cubes · Cylinders · -Grout/Mortar · Prisms · Shrinkage · Shotcrete/Gunite Other Materials · Asphalt Extraction (three Methods) · Corrosion & Failure Analyses · Concrete & Steel Plant Fabrication · Fireproofing · Kneading Compaction · Marshall, Hveem, Theoretical · Metallurgy · Stability & Flow Analyses ~Converse Consultants CCIENT~OFFICE\JOBFILE\1999\81\99-295\99-295-0.pro 99-81-295-00 November 19, 1999 Page 9 Environmental Services: Converse provides a wide variety of environmental and risk management services including site assessments, site characterization, remediation of ground and groundwater contamination, hazardous materials management, air quality monitoring and control, and removal and retrofitting of underground storage tanks. Our service capabilities include the following: Phase h Environmental Site Assessments-Initial Due Diligence · Site Reconnaissance · Review of Regulatory Records · Historical Research & Profiling · Interviews (facility staff & neighbors) · Site Description Phase I1: Environmental Site Assessments- Site Characterization · Preparatjon of Health & Safety Plans · Sampling (GeoprobeT, auger, drill) · Installation & Monitoring of Groundwater Wells · Laboratory Testing & Data Analyses Phase IIh Environmental Site Assessments- Remediation · In-situ & ex-situ Soil Venting & Vacuum Extraction · Excavation/Fixation of Contaminated Soils · Groundwater Air Sparging & Vacuum Extraction · Total Fluids Pump & Treat Systems · Free Product Recovery · Combined Soil Venting & Groundwater Recovery Asbestos/Lead-Based Paint Management · Initial Survey & Sampling · Abatement Plans & Specifications · Abatement Design, Cost Estimation & Monitoring · Bulk/Air/Clearance Sampling · Laboratory Analyses · Operation & Management Planning · Regulatory Compliance Consultations ~Converse Consultants CC1ENT\OFFtCE\JOBFILE\ 1999\81 \99-295\99-295-0,pro Underground Storage Tanks · Review Documents/Historical Usage · Preparation of HazMat & Work Plans · Soil Sampling & Testing · Installation of Monitoring Wells · Approved Precision Tank Testing · Installation of Vapor Monitoring Systems · Development & Implementation of Remediation · Coordination & Management of Tank Removal · Coordination & Management of Tank Replacement Air Quality Surveys · Air Pollution Equipment Permitting · Pilot & Bench Scale Emission Studies · Chronic & Acute Health Risk Assessments · Indoor Air Quality Evaluations · Tracer Release Studies · New Source Review · Air Pollution Modeling · Air Quality Impact Assessment · Upset or Accidental Chemical Release Scenarios 99-81-295-00 November 19, 1999 Page 10 ~Converse Consultants CCIENT~OFFICE\JOBFILE\1999\81 \99-295\99-295-0.pro EXHIBIT B PAYMENT RATES AND SCHEDULE 9 r:~agrmtsVnasters%annual contract%converse agrrnt Schedule of Fees Personnel Introduction It is the objective of Converse Consultants to provide its cjients with quality professional and technical services and a continuing source of professional advice and opinions. Servioes will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currentJy praYring in ~he same locality under similar conditions. Compensation for our services is based on the general advice of the American Sodety of Civil Engineers in Manuals 45 anb 55. This fee schedule is valid through January 1, 2000. Hourly Charges for Personnel The ranges in houdy rates for the following servicas reflect vadatjons in experience and related salary level for personnel assigned to perform a particular seNice. Actual staff assignments will depend on personnel availability. job complexity, project site location and expedenca level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Cons~'uctjon Inspector - ICBO and/or DSA certified (conc~'ete, masonry, structural steel, fireproofing, includes COncrete batch plant and local steel fabrication inspection) $48 Ultrasonic Welding Tester 60 Soil Technidan 52 Supervisory Technidan 65 Professional Services (Field and Office) Staff Professional $70 Project Professional 85 Senior Professional 95 PdnOpa~ Professional 120 Principals/Consultants 150 Laboratory Testing Laboratory Technidan (Unit pdces for routine tests quoted upon request; see Soils and Matedats Schedules of Fees) $50 Office Support ClerfcalANord Processing Draffing CAD OperatodDrafting Manager Technical Typing and Report Reproduction $45 50 55 45 An Overtime charge of 50 percent of the above houdy rates will be added for time in excess of eight hours per day at the job site and for all tjme on Saturdays. Sundays and holidays. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (ridfling, trenching, etc.) are charged at cost plus fifteen percant. 2. Trave~andsubsistenceexbenses(transp~rtati~n~r~~mandb~ard~etc.)f~rindividua~s~npr~jectsrequidngtrave~andJ~r~ivingaway from a pdndpal office are charged at Cost plus fifteen percent, 3. Automobile and fruc~ expenses are charged at cost plus fifteen percent (rentals) or at a rate of forty cants per mile for Company- owned vehicles traveling between pdndpal office and project. 4. Other out-of-pocket direct project expenses (aedal photos, Iong~istance telephone calls, permits, bonds, outside pdnting services, tests, etc.) are charged at Cost plus fifteen percant. These expenses are allocated to projects according to wdtten office polides. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a ~naJ bill will be submitted upon Completion of services. [nvoicas will show charges for each category of personnel and expense cJassification. 2. Payment is due upon presentation of invoice anc~ is past due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease wo~ hereunder until said payment. together with a service charge at the rate of eighteen percant per annum (but not exceeding the maximum allowed by law) from the due da~e, has been received. Further, Converse may at its so~e option and discretion refuse to perform any ~jrther work irrespective of payment from Client in the event Cfient fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collectjng any delinquent amount. General Conditions The lerms and provisions of the Converse General COnditions are incorporated into this fee schedule as though se[ forth in full. If a copy of the General Conditions does not accompany this fee schedule, client should request a Copy from this ofifca. Converse Consultants CS.SF - 1/99 Schedule of Fees Materials Testjng Services Compensation for Jaboratory testing will be based on rates in accordance with this schedule. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. AGGREGATES Moisture Content (ASTM D221 S) .......................................... $6.00 Particle Size Analysis - Coarse, ASTM C136. each ................................................. 50.00 - Coarse and fine, ASTM C136 & 137, each ........................... 84.00 Specific Gravity & Absorption - Coarse Aggregate (ASTM C127) ......................................... 65.00 - Fine Aggregate {ASTM C128) ............................................. 65.00 Unit weight per cubic feet (ASTM C29) ...................................................................... 60.00 - Soundness - Sodium or Magnesium, ASTM C88, each ............................................................. 200.00 - Potential Alkali Reactlvity, ASTM D289 .............................. 300.00 - Freeze Thaw Soundness ................................................... 175.00 - Los Angeles Abrasion, per class IASTM C131, C535) ........................................................ 200.00 - Sand EQuivalent (ASTM D24.19) .......................................... S0.00 - Lightweight Particles, each (ASTM Cf 23) ............................................................ 75.00 - Clay lumps and Friable Particles (ASTM C14.2}, each ........................................................... 40.00 - Stripping test, ASTM D166a,, each ...................................... 65.00 - Organic impurities. {ASTM C40) .......................................... 4-5.00 - Fractured face ................................................................... 55.00 - Durability ...................................................................... By Quote CONCRETE TESTS Laboratory Trial Batch, ASTM Cf 92 ................................. By Quote Laboratory Mix Design, historical data ............................... By Quote Compression Test, 6" x 12" cylinder, ASTM C39, each ............................................................... 20.00 Light Weight Concrete - Compression ............................................................... 20.00 - Unit Weight ....................................................................... 20.00 Specimen preparation trimming or coring ........................... 4-6 00/hr 8end Strength, ASTM C 321 - Prepared by Converse ....................................................... 120 00 - Prepared by others ............................................................. 60.00 Core Compression Test, ASTM C12 each ............................... 36.00 FIexure test, S" x S" beams, ASTM C78, each ....................... 45.00 Modulus of Elasticity - Static, ASTM C4-69, each .......................................................... 85.00 Length Change (3 bars, 5 reading each, up to 26 days) ASTM C157 ................................................ 120.00 Splitting Tensile, 6" x 12" cylinders, each .............................. 25.00 F~eld Concrete Control (sampling, slump, temperature, cast 4 cylinders, molds, cylinder pick up, within ~ 0 mi. of office, stand by extra) ASTM/UaC, hourly rate schedule, or each .......................... 15 00 Field Concrete Control (same as above plus air content test) ASTM/UBC, hourly rate schedule, or each ............................................................. t 20.00 CONCRETE AND MASONRY (ASTM C140, E447, UBC STANDARD 24-22) Moisture Content as received, each ....................................... 20.00 APsorption, each .................................................................. 55.00 Compression, each .............................................................. 32.00 Shrinkage, ASTM C426, each ............................................. 110.00 >jet Area and Volume, ~er set of 3 ......................................... 46.00 Masonry Blocks, per set of 6 ............................................... 200.00 8" x 8 · x 16', each ............................................................. 75.00 Compression Test, grouted prisms, 12" x 16" x 16 ", each ...................................................... 120.00 - 2" x 4" Molar Cylinder, each ............................................ t 5.00 - 3" x 6' Grout Prisms, each ................................................ 15.00 - 2" Cubes, ASTM CI09, each ............................................ 15.00 Cast by others .................................................................... 20.00 FIREPROOFiNG TESTS Oven Dry DensiP/per samples .................................... 4-2.00 ASPHALTIC CONCRETE Stability, Flow, and Unit Weight, Marshall ASTM D~ 559, ASTM D2726, set of 3 Specimens/samples .................................................... ~145.00 Measured Maximum Specific Gravity of Mix ASTM D204-1 {Rico's Method), each .................................................................. 60.00 Voids Analysis of Cores or Marshall Specimens Calculations Only, ASTM D3203, set of 2 or 3 .............................. 34.00 Laboratory Mixing of Asphalt &Concrete per sample 44 00 Extraction of Asphalt and Gradation, each ........................... 110.00 Complete Asphalt Concrete Mix Design (Hveem or Marshall) ........................................... By Quote Extraction, % Asphalt, ASTM D2172 (Method 6) or Calif. 31 O, including ash correction, each ....... 75 00 Specific Gravity, ASTM D2726 or ASTM D1188 uncoated ........................................... 4-0 00 coated ............................................ 65.00 Immersion-Compression ............................................... 400 00 Particle coating, ASTM 24-89 ............................................... 30.00 Stripping, ASTM C)1664- ...................................................... 50 00 Moisture or Volatile Distillates in paving mixtures, or materials containing petroleum products or byprePucts ..... 110.00 Retained Strength, ASTM D 1074-/D 1075, S Specimens ........................................... 340.00 Retained Stability, Mil, Std, 520A, Method 104, 6 Specimens ............................................... 340.00 CaR, ASTM, D1883, including MID curve, 1 point .......................................................... 210 00 Asphair Temperature ........................................................... 10.00 STRUCTURAL STEEL Rebar bend/tensile test, less than 14 .................................... 30.00 Rebar bend/tensile test, 14- or more ...................................... 35.00 Steel studs and/or bolts ....................................................... 40.00 High strength bolt and washer ........................................... 150.00 Notes: 11) See 'Geotechnical Laboratory Testing" Schedule of Fees for soil testing (2) Hourly rates are available upon request 13} Field Laboratory rates are available upon request (~-} Lis~ed unit rates are based upon the assumc~on that samples wiEI be delivered to our laboratory at no cost to Converse Schedule of Foes Geetechnical Laborator,) Testing ComOensation for laboratory testing ~epices will be made in accordance with this fee schedule. CoaLs of tesLs not on ~his schedule wilt be by quote and/or in accordance wi~ our current houdy fee schedule. The rates are based on .':.on-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined, based on ~he projet. IDENTIFICATION AND INDEX PROPERTIES TESTS ,/isual Classification, ASTM 02488 ....................................5.00 -:ngineedng Classification, ASTM 02487 ........................ 15.00 vloisture Content -Moisture Content &Ory (Bulk) Density ASTM D2215 & 02937) ...................................................15.00 - Moisture Content, ASTM 02218 ....................................10.00 Shrinkage Limit, ASTM 0427 ..........................................85.00 ',tterberg Limits, ASTM 04318 Several points .................................................................70.00 One point .........................................................................40.00 ~article Size Analysis, 0422 Fine Sieve (From +#200 to ~.4) .......................................70.00 Coarse Sieve (From .t-;¢200 to 3 in) ................................70.00 Hydrometer .....................................................................75.00 =ercent Passing ;~200 Sieve, ASTM O1140 .................... 25.00 :Oeci~c Gravity Fine (passing ¢t-4 sieve), ASTM 0854 ............................65.00 Coarse (retained on if-,-4 sieve), ASTM C127 .................. 65.00 and Equivalent Test ........................................................60.00 inhole Dispersion ..........................................................200.00 ouble Hydrometer Dispersion (ASTM 04221 ) ............. 150.00 OMPACTION AND BEARING STRENGTH ~andard Proctor Compaction, ASTM 0698 or ASTM D 1557-91 'vlethed A or 8 ..............................................................110.00 'Aethod C ......................................................................120.00 alifomia Impact Method (Colttans 216) ........................ 150.00 value, ASTM 02844 ....................................................200.00 alifomia Bearing Ratio (CBR), ASTM 01883 point ...........................................................................125.00 ~ point ...........................................................................325.00 ~,~ative Density .1 cubic foot mold ........................................................200,00 ,5 cubic foot mold ........................................................300.00 -tEAR STRENGTH rvane/Pocket Penetrometer ..........................................12.00 -oct Shear (per point) ~uick Test .......................................................................50.00 }onsolidated-Orained (granular soil), :,STM 03080 ...............................................................150.00 'onsofidated-Orained (fine grained soil), ',,STM 03080 ...............................................................120.00 'onsoNdated~Undrained (fine grained) ..........................65.00 esidual Sb'ength, per Cycie ..........................................25.00 emolded Specimens, per specimen ............................ 30.00 'ATIC UNIAXIAL AND TRIAXIAL STRENGTH :STS (PER POINT) sonfined Compression, ASTM 2166 .............................50.00 :onsolidated-Undrained, AS'FM 02850 ........................ 90.00 ~solidated-Undrained ..................................................200.00 ~soIidated-Drained ......................................................350,00 q Pore Pressure/vleaauremen[, per load ................... 100.00 nolded Specimens, per specimen ................................40.00 CONSOLIDATION AND SWELL COLLAPSE TESTS 8 Load Increments ...........................................................130.00 Additional load increment ..................................................15.00 TTme-Rade, per load increment .........................................25.00 Single Point (cofiepse lest) ................................................40.00 Single Load Swell, ASTM 04548 - Ring Sample, Reid Moisture ...........................................40.00 - Ring Sample. Air Dried ....................................................45.00 Retooldeal Sample, per specimen .....................................25.00 Expansion Index Test. UBC 29~2/ASTM 04829 ............... 80.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM 02434 .........................................175.00 Falling Head Flexible Wall, ASTM 05084 ....................... 225.00 Triaxial Permeability, EPA 9100 ......................................250.00 Remalded Specimen, per specimen .................................50.00 CHEN11CAL TESTS Corrosivity (pH, resistivity, sulfates, chlorides) ................135.00 Organic Conten~. ASTM 02974 .........................................50.00 General Conditions - CONVERSE CONSULTANTS Right of Enby Client warrants 'to Converse that il has full legal right to authonze Converse's entry upon the roll property where Convef~e'a se~v~ce~ are to be performed 'Site' heroin) and upon all propen'y, if any. rec~uired for thgress and egress to the Site. Cfienl authohzes Conveme to enter upon the Site and such ad~dinthg properly as ~s necessa~/to allow Converse to betform its services Converse will take reasonable precauftons to mthimlze any dama e to the Site; howeve', Client acknowledges that dunn the normal course <~f the pa~/g~rrnance of Converse's sefvlces, some damage to the ~ite may occur. The ccrreclicn of any damage to the Site (surface or subterranean) shall be the cbligation d the Client. Information Supplied by Client Client wanae~s/he accuracy of any information s iod by it to Converse, acknowledges that Conrome will not verity the accuracy of such in~orn~ation. and agree~ that Converse is entitled to rety upon any such information. Client shall immedialely noti~ Converse in writing of any data. information or knowledge in the possession of or known to Client relating to the sb, dsurface conditions existing at [he Site and shall provide Converse with the Ioc~tion. size and daoth of any and all undargmund tanks. piping or stnJcluras existing upon ihe Site. CIiont shall defend. indemnity and save harmless Converse. its officers, agents and employees from and against any and all claims, costs, suils and damages. including attorneys' fees, arising oul of errors. omissions and inaccuracies in ddcumenls and ~nfermation prowdad to Converse by Client. Ownership of Data and Documents; Samples All reports, bedrig logs, field data. field notes, laboratoP~ test ~ata. catculalions, estimates and olher documents prepared by Converse shall remain/he property of Converse. It by Converse ('informalion' heroin); provioed. however, lhat the informalion shall not be used or relied upon ~y any pa~ty other Ihan Client, save and except as may be required by the design and licensing requireinertia of the proloci for which the information is provided; further. such use shall be limited to the particular site and projest for which the information is preysdad. Clients right to the use of the informalion is expressly conditioned upon Client's prompt paymenl to Converse of all sums due under the Clion~onve.se agreement. In the event of Clients nonpayment or partial payment of said amounts, Clienl agrees that it shall not use any of the information for any purpose whatsoever and shall return the same 1o Converse upon demand. Conrome w~tl retain all samples of soil, rock or other malerials obtained in the course of performing its services for a be~od of thirty 30 days, Thereafter, ~rther storage ~r transfer of samples to Client may be made at CIienrs expense uoon wdttan request from Client to Converse received by Converse phor to the expiration of lhe 30.<~1y period Converse shall retain permanent records relating to the Converse settees for a panpa of five {5) years following submittal of Conveme's report. c~nng which pedeg the records wiil be made available to CIient upon reasonable notice grven by Client and upon payment to Converse of an amouni sufficient to reimburse Converse for its necessary and reasonable expenses in making said records available. Standard of Care and Professional Responsibility Client acknowledges that the services to be performed by Converse involve the use of tests, :~lculations. anatyses and procedures which are in a constoni stale of davelegment. ~m~rovement and refinement and that. as such. improvements, changes in methods. and modificet~ns of procedures have been made in the past, are now being made, and are expected to continue (o be made in the [~ture. Further, Client recognizes that. while necessary fcr investigations, commonly used exploration methods, such as c~lling parings or excavatthg Irenches, involve an inherent nsk. For example, exploration on a site containing contaminated matanais may result in ~nduc~ng cross-contamination. the prevention of which may not be complete using presenth/ recognized seaiing methods. Client rec~nizes that the state of practice, includffig but not limited to the practice relaiir~ to contamination or hazardsus waste conditions. is changing and evolving and that standerda existing al Ihe present time may subsequently change as I<nowledge increases and the state :t the practice continues to improve. ~lient recognizes that projects containing contaminated matanals may not perform as anticipated by Client. even though Converse+s se~'$ces are performed in accordance with :he Jevet of care and skill ragoiled of it. Fudher, certain governmental regulations relating to ~azardaus waste sites may purport to require achievement of results which cannot be ~ccompiished in an al~soluta sense It is recognized that a satisfactorily designed, :onsiructed and malntaioed monitoring system may assist rn the early detection of ~nvlronmental changes afiowing for early correction el :rchlerns Unless rt is speclficalh/ nc~ude~ in the scope of services to be performed by Converse, Client understands that Converse shall not padarm such monitoring. The services Io be provided by Converse pursuant to the agraemenl to which these General Conditions are a part shall be prov~ed in accordance with generally accepted professional engineenng. environmental. and geo~:~ic practice in the are~ whe'e these services are to be rendered and at the t~me that seNices are rendered Client acknowL-dges that the present standard in the engineering and geologic professions does not include. and Converse does not extend to Client, a guarantee of perfection of the work contemplaleq hereby; ~rther, that even in Ihe exercise ef noranil and reasot~able c~re, erro~ or omissions may (TOm time to time occur Except as e~pressly set fodh in these General Conditions, no other warrant/+ express or implied, is extended by Converse. Converse chill have no ddty to suparvlse. coordinate or otherwise be involved in the performance ef services er work by any third party consultant. c~nlracter or subc~ntractor Where Converse's se~'~ces involve field observation of grading. filling and compaction (or any of them), it is agreed: a. That Converse shalt in no way be responsible for the manner in which such work is performed by any third party b. That in the event Converse is to provide pahodic desolation, Client acknowledges that Converse cannot be respondeta for any work pedon~ed at a time or times when Converse was eel padarming its d~e~,alion sen~ices. Converse will not provide an opinion concernin the performance of any third party. save and except to the extent that sai~ work was in ~act deserved and tested by Converse dunng the course of construction. c. That where Converse's services include continuous observation. Client agrees not to allow grading, filling or compaction to be performed at any time or times when Converse is not physically present upofl the Site and shall restrict the amount and extent of such grading. filling and compaction to that · whichcanl:leprepe~observedbyConve~ebersonnelpresentontheSite d. That io the event Converse is to conduct test bodngs for Client, Client acknowtadges that the accuracy of said test betlegs telales only to the specitic Ioc~tion in which the benng itself was performed and that the nature of many s~tes is such that diffedng subsurface soil characteristics can be experienced within a small distance. As such. Client acknowledges that Indemnity of Client and LImitation of Liability Converse shall inbemn~y clionl, its officers, direstors. agents or employees from any claim. damand or li~iijry ahsing from personal injury or property loss or damage caused by the sole negliger~e or willfiJI misconduct of Converse. Anythiog to the canary in the agreement to which these General Conditions are attached or in these General Conditions notwithstanding. Converse's liability shall be limited to the lesser of the fees charged to Client by Converse for the seev~ces performed for Client. or the sum of fi~/thousand ddl~rs. Client may, at its o~tlon, increase the m~imum amount for which Converse shall be table by payment of an additional fee. For the maximum liability sum of one hundrop thousand dollars, the additional amount to be paid shall be four percent of the total Converse fee charged hereunder;, for the maximum tmbili~y sum of one million dollars, the additional amount to be paid shall be five parcent of the total Convireo fees charged hereunder. Client acknowledges that Converse has agreed to charge Client a reduced fee for services in exchange for the above limitation of liability and that said reduction in fees is consideration for said I~rnitation. n e e i and reasonable attainaye' Fees arising. !ram personal injuhes. including disease and death, prege~ Ices or damage, ~nl~ry to others (inciuding personnel oll CIIOnL Converse or sU~confractors performing work hereunder. and a~r or ground pollution or environmental impairment arising out of or n any manner connect~ w th or related to the performance of Converse's services. except where such in ury, loss or damage shall have been caused by the sole negli once or will[ul misconduct el Converse. CIio~t acknowledges that Converse has ~argeq Client a reduced tee fat services ta be padarmed by ii in exchange for this hold tiarmless and ~hat the reduction in fees is consideration for said hold harmless provision. Converse wifi not i~e liable for consequential damages of any kind, nalure or deschbtion. Hazardous Waste, poliu'Uon and Healt~n Hazard Projects ('Hazardous Projects* Heroin) Pedr to Ihe commencement of services by Converse on any hazardotis prelect, Cion agrees o a~ese Converse in wrffing if any of sa{d services are to be berfo mad in an area where dust ~mes gas noise, wbrations or other artioulata er non artioulata matter es in the ~tmosphere where ~t raises a OtantiarOr possrble hearth hazard or nuisance to anyone working within the area. ~rior lo the elfactive the Silo, sa~d rim;co containing lhe tdenhgcation of any such hazardous wasfa the extenl demand or scion brought by 'any pa ' whomsoever including' empoyees of Converse' following: (1) A statement setting forth with specdicity he facs a egep contends g~ve nee to said cam and the documents that support said ctaim. The Claimant shall either attach copies of said documents to the nol,;e of claim or pr~3vide Respondart w h immedlafa access to the dacuments for inspection and photocopying. (2) The nature, extent and dslfar amount ef the damages sustained er which claimant believes in good ~aith may be sustained. (3) The names and addresses of all individuats who have any knowledge of sa~d facts, I~jether with a statement with respecl Io each such individual of the facts that the individual has knowledge of. (4) The name and address of any lhird parties who have reviewed said claim at the request of the Claimant or anyone acting on Claimants behalf. The wfalen notice of cfaim beschbed in paragraph (a) above shall be grven by first class carPried or registered mail. c, Within ferry-five (45) de s after the Claimant has ma ed he notice of Claim Io the Resppndent as provi~he ein, the Claimant and Resppndent shall c~nfer and shall appoint by mutua agreement a mediator n he event that for any reason whatsoever the Claimant and'Responden 'canno seect a mGtually acceptable mediator a 'mediator may be appo ned by any court of competent iunsdiction uC~n applk::at <~n of either party, d. Within a reasonable behed after the appointment of the mediator but m no event iongel than one hundred ei hty (180) days thereafter lhe alleged ctsim shall be submitted to mediation un;r such rules and regua one as the mediator shall specdi/. Du/~ng ihe meda en he padies shall at all imes act in God faith and ut lize their bes efforts o reso~ve the dispute th;~'t is the subject of e In the evenl lhe dispute ~s not resdved by mediation as provided hereth, and condi/ioned uben Pull and good faith compliance wilh each of the prey sons and procedures specified herein then and on y then the Claiman may Re a egal action In the sarne manner and su~jec o he same conditlons requiremeets andl~m~a one as if media~ on had not occurred ' In the rnediatK~n each pa shall bear its own a torneys' Fees costs and other expenses except that each Dart,./sha~l be espens~ble and pay for one ha f of the costs and expense~ of lhe mediator the parties acknowledge and agree ihal/he p~evading party sha ~ efa~tred l~ conslrued to be an acceptance of the responsibility for jobsite safety. within a reasona~fa pedeg to time. Conve~'e sha no be es ns~e for delays in any of them acting in their sovereign c~pacity acts of ot~er contractoPs w th E~nt, invoice, CIfant shali pay the full amount o he nvoce ~Ctent obects to al~orany podion Of any invoice it shall so nob{y Converse el~ he same w h n fifteen (15) days fdom the date of recei~Dt of sad nve~ce and shall pay ha ~d on e he invoice not in disputed portion of any invoice reso~ved in favor o~ Client. ~r~ the event C~'t fails to month, as egecdied ~e fromI°ght~e due de e has been eceivep Further, Conven3e may at its sole tion an;:j d scretion refuse to perform any ~jdher work n'espective 4.0 99-81-295-O0 November 19, 1999 Page 19 EXCEPTIONS, ADDITIONS AND SUGGESTIONS We will attempt to provide technicians and inspectors certified in multiple disciplines. This will help the City realize a reduction in cost. Normal working schedule is 8 hours per day between 6 AM and 6 PM. Beyond those hours and for work on Saturday overtime will be charged at 1.3 times the regular hourly rate. Sundays and holidays will be charged at 1.75 times the regular hourly rate. For inspectors we will assess a minimum four-hour charge for services less than four hours and an eight hour minimum for services of between four and eight hours. Our services will be performed on a time-and-materials basis in accordance with the unit rates indicated, and/or Schedule of Fees and General Conditions, copies of which are attached and form a part of this proposal. Our field representative will not direct, supervise or lay out the work of the contractor. Our services will not include a review or evaluation of the contractor's safety measures on or near the project. Any meetings and/or consultation(s) requested by the client will also be charged in accordance with the attached Schedule of Fees. We require 24 hours advance notice for our services. We will, however, make every attempt to accommodate requests on shorter notice. L~Converse Consultants CCIENT~OFFICE\JOBFILE\ 1999\81 \99-295\99-295-0.pro ITEM 16 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATI'ORNEY 7._ CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Professional Services Agreement - Robert Shea Perdue Real Estate Appraisals Annual Contract for Appraisal Services; various -CIP Projects Approved for FY 1999-2000 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council approve the agreement with Robed Shea Perdue Real Estate Appraisals to provide as needed appraisal services in an amount not to exceed $25,000 for the City of Temecula, and authorize the Mayor to execute the agreement. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2000 to 2004 that will require appraisal services. The attached agreement is for an annual contract to provide as needed services, these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. Once the annual contract is executed, each service request will be negotiated separately and may contain some or all of the following services: · Neighborhood Location and Description · Description of Subject Property · Valuation of Property · Research and/or review Title Reports · Prepare necessary surveys and Identity Existing Right-of Ways · Prepare necessary legal descriptions, plats, right-of-way maps, exhibits and any other miscellaneous services for acquisition purposes · Provide field survey datum or benchmarks The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. A cumulative not to exceed limit of $25,000 has been set by the Agreement. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Council. ATTACHMENTS: Agreement with Robert Shea Perdue Real Estate Appraisals F:\DEPTS\P'e~AAGDRPT\2OOO\O2OB~,AnnUal Contract Appraisel,~lr.doc CITY OF TEMECULA ANNUAL AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES THIS AGREEMENT, is made and effective as of February 8, 2000, between the City of Temecula, a municipal corporation ("City") and Robert Shea Perdue Real Estate Appraisal, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 8, 2000, and shall remain and continue in effect until February 8, 2001, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Real Estate Appraisal Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Real Estate Appraisal Services as needed, the City will identity the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herain by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Twenty Five Thousand Dollars and No Cents {$25,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in wdting by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 1 r:~agrmtsVnasters~annualcontract~obert Shea Perdue agrmt/ajjp 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 (1 O) days pdor written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 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 adses 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 pedod of time, the City shall have the dght, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files 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 2 r:~agrmts~nasters'annualcontract\Robert Shea Perdue agrmt/ajjp 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. W~th respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. 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 attomey fees and expert witness fees, or liability of any kind or nature which the City, its officere, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property adsing out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injudes to persons or damages to property which may adse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance.. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (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 Employers Liability Insurance. If the Consultant has no employees while performing under this Agreement, workers compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be wdtten on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (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 projectJIocation 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:~agrmts~nasters~annualcontract'~Robert Shea Perdue agrrntJa.~p (3) Wonker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing 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 pdmary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' pdor written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 r:',agrmts~nlasters~annualcontract',~Robert Shea Perdue agrmt/ajjp f. Verification of CoveraQe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 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 adsing 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 thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the dght by City to control, direct, or rewdte said response. 5 r:~agrmts~masters~annualcontract~Robert Shea Perdue agrmtJa.~p 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: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Ddve Temecula, California 92590 Attention: City Manager Robert Shea Perdue Real Estate Appraisal 43020 Blackdeer Loop, Suite 204 Temecula, Califomia 92590 Attention: Robert S. Perdue, MAI 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Robert S. Perdue, MAI shall perform the services described in this Agreement. Robert S. Perdue, may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice pdor to the departure of Robert S. Perdue from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in wdting between the City Council and the Consultant. 15. LICENSES. At all times dudng the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of Califomia shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation conceming this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 6 r:%agrmts~nasters%annualcontract%Robert Shea Perdue agrmt/aiip 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entedng into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONSULTANT Robert Shea Perdue Real Estate Appraisal 43020 Blackdeer Loop, Suite 204 Temecula, CA 92590 (909) 694-6904 Robert Shea Perdue, MAI, Owner By: Name: Title: (Signatures of two corporate officers required for Corporations) 7 r:~agrmts%rnasters~annualcontract~Robert Shea Perdue agrmt/aiip EXHIBIT A TASKSTO BE PERFORMED AND PAYMENTRATES 8 r:~agrmts~masters~annualcontract\Robe~ Shea Perdue agrmt/ajjp ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 43020 Blackdeer Loop. Suite 204, Temeeula, CA 92590 Serving The Inland Empire Appraisal Consultants to Government, Financial, Legal and Agricultural Industries Mr. Amer Attar, P.E., MBA Senior Engineer-Capital Projects City of Temecula 43200 Business Park Drive Temecula, CA 92590 November 19, 1999 Subject: RFQ #02 - Public Works Department - ANNUAL CONTRACT FOR APPRAISAL SERVICES, Various-CIP Projects Approved for FY 1999-2000 Dear Mr. Attar: Thank you for considering ROBERT SHEA PERDUE REAL ESTATE APPRAISAL for the Temecula Annual Contract tbr Appraisal Services. Pursuant to your request, we are including specific information relative to the appraisal qualifications of ROBERT SHEA PERDUE REAL ESTATE APPRAISAL. I have responded to each question under "General Requirements" in RFQ No. 02 in a question-by-question format. Please contact me directly if you require additional information. Sincerely, ROBERT SHEA PERDUE REAL ESTATE APPRAISAL Robert S. Perdue. MAI RSP:cla Telephone: (909) 694-6904 Fax: (909) 694-6964 RESPONSES TO GENERAL REQUIREMENTS 1. a. A detailed list of the task that can be performed. APPRAISAL METHODOLOGY IDENTIFICATION AND SUMMARY Cover Letter Certificate of Appraiser Summary of Conclusions Narrative Report: Item 1 - Owner Item 2 - Address (or location) of Subject Property Item 3 - Legal Description Item 4 - Delineation of Title Item 5 - Purpose of Appraisal and Function Item 6 - Summary of Appraisal Problems (and Scope) DESCRIPTION 1. Assumptions and Limiting Conditions 2. Neighborhood Location and Description 3. Description of Subject Property B. C. D. E. F. G. H. I. J. K. L. M. N. Present Use Accessibility and Road Frontages Land Contour and Elevations Land Area Land Shape Utilities Present Zoning Highest and Best Use of Land if Vacant Improvements Specialty Items Real Estate Taxes Assessments Existing Lease or Rental Data Highest and Best Use Improved and As Vacant Response to RFQ No. 2 Page I Valuation of Property A. Site Analysis and Evaluation 1. Cost Approach a. Land analysis b. Improvement analysis Sales Comparison Approach a. General Discussion 1 ) Relationships 2) Sales that are Comparable b. Comparative Analysis c. Correlation and Conclusion by Comparative Approach 3. Income Approach a. Data b. Analysis c. Correlation and Conclusion by Income Approach 4. Correlation and Final Conclusion Approaches to Value 1. Cost Approach Cost New Accrued Depreciation Land Value Indicated Value by Cost Approach Response to RFQ No. 2 Page 2 Comparative [Market Data] Approach a. General Discussion 1) 2) Relationships Sales that are Comparable Comparative Analysis 1) Whole Property Comparisons 2) Comparative Units Correlation and Conclusion, Comparative [Market Data] Approach IncomeApproach a. Data b. Analysis c. Correlation Approach and Conclusion, Income C. Correlation of Value Indications from All Approaches The specific process of the consultant's approach to most condemnation projects is as follows: Pre-Valuation · Meet with the client to review and discuss project overview. · Review existing or proposed project. · Review CEQA and other reports on proposed or existing project. · Review proposed time frame for project completion as well as intermediate meetings and deadlines. · Review client concerns on proposed acquisitions (relative to property owner's accommodations). · Request a copy of title report. Response to RFQ No. 2 Page 3 · Send letters of introduction to property owners for initial property owner contact. Valuation Meet with property o~vner and/or representative to inspect the property and understand the property owners concerns about acquisition and the project's impact on the owner's property. Also, introduce any selected consultants at this meeting for inspection and investigation of a) soils, b) land use potential, c) engineering, d) consideration of water well improvements, e) consideration of agricultural improvements, f) consideration of unusual or non-conforming structural improvements. · Identify real estate, property rights and appraisal problem. Commence preliminary. data survey including complete inspection and verification of all land sales, improved sales (including agricultural improvements), and rental comparables (if applicable). Proceed with analysis including general data on region, city and neighborhood as well as local and regional economic trends. Proceed with specific data collection on subject property including review of title report, site conditions, building conditions (review public records, building and safety records, assessors data (if permitted) and any other concerns relative to environmental constraints such as endangered species, wetlands, habitat, blueline streams (Department of Fish and Game, Army Corps of Engineers, and Fish and Wildlife etc.), hazardous materials, etc. · Estimate highest and best use as vacant and as improved. Valuation of the larger parcel relative to the three approaches to value. · Reconciliation of value. Final estimation of value. Response to RFQ No. 2 Page 4 If applicable - analysis and valuation of part to be acquired and consideration of Severance Damages, General and Benefits; writing of report. The standard narrative appraisal report (Limited, Restricted; Complete, Summary or Complete, Self-Contained) will be organized and formatted according to the guidelines of USPAP, Appraisal Institute, Califomia Code of Civil Procedure and Uniform Appraisal Standards for Federal Land Acquisitions. 1. b. (1) A description of the consulting firm, (2) organization structure, (3) location of principal offices, (4) number of professional personnel, and (5) other pertinent information, including the names and experience of all staff members who will work on this contract. ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is based in Temecula and is the largest real estate valuation firm in Riverside County. The firm specializes in eminent domain for mostly Riverside County municipalities. (2) ROBERT SHEA PERDE REAL ESTATE APPRAISAL is a sole proprietorship owned by Robert Shea Perdue. (3) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 43020 Blackdeer Loop, Suite 204 Temecula, CA 92590 Phone: (909) 694-6904 Fax: (909) 694-6964 (4) Five full time: six part time (5) Robert Shea Perdue directs litigation, eminent domain and agricultural appraisals, office operations, professional ethics and quality control. Mr. Perdue has a breadth of knowledge in agricultural, special use, eminent domain and litigation valuation. As a 43-year resident of Inland Southern California, he also has a distinct familiarity with the local market. Mr. Perdue obtained a Bachelor of Science degree from San Diego State University and has completed post-graduate ~vork in Real Estate Appraisal and Demographics. He maintains a California Real Estate Brokers license, has been awarded the MAI designation from the Appraisal Institute, is an active member of International Right-of-Way Association (Chapter 57 Response to RFQ No. 2 Page 5 President) and the American Society of Farm Managers and Rural Appraisers. Mr. Perdue's qualifications are attached as Exhibit A. Stephi Villanueva is aveteran staff appraiser. She has over 14 years of real estate appraisal experience and has successfully completed several courses offered by the Appraisal Institute in her quest for MAI designation. Her duties range from office administration to market research and appraisal. She is also an active member of International Right-of-Way Association. Ms. Villanueva's qualifications are attached as Exhibit A. Courtney Atnip is the office manager and supports the ~rm's research efforts. Orville Snemnick brings real estate development and brokerage experience to his staff appraiser position. Beverly Ortega is a licensed and experienced real estate agent and provides staff support and research for the firm. 1.c. Related project experience and client references. References - Recent Public Agency and Dairy Clients Mr. Neal L. Warren, SR/WA Chief Appraiser County of Orange 300 N. Flower Street PO Box 4048 Santa Ana, CA 92702-4048 (714) 834-2594 1996 - Present 1991 - 1994 Valuation Assignments: Nine dairies, one pig and sheep ranch, two alfalfa ranches, hay lot and track terminal. cattle auction yard, real estate brokerage office and several large farm parcels. All partial and full acquisitions for flowage easement interests - Prado Dam Project. Contract value - $30,000. $60,000 and $120.000. Response to RFQ No. 2 Page 6 Mr. A. Louis Schnepp, ASA, CRA Appraisal Manager County of San Bemardino 825 E. Third Street San Bernardino, CA 92415 (909) 387-2774 1990 - Present Valuation Assignments: Full acquisitions by the County of San Bernardino: two horse ranches, parcels of vacant land, eight dairies, four calf ranches, flooding value diminution study and a nudist resort. Contract value approximately $100,000. Mr. Chuck Hale Executive Director So. Cal. Ag. Land Foundation (County of San Bemardino) 13839 B on View Avenue Chino, CA 91710 (909) 464-0186 1990 - Present 1983-1987 Valuation Assignments: Various full acquisition appraisals for dairies, ranches and vacant land. Contract value approximately $90,000. Also completed numerous appraisal assignments for Mr. Hale when he was the Assistant City Manager for the City of Vista (Community Development Director - 1983 to 1987). Assignments included numbered several hundred full and partial acquisitions relative to commemial, industrial and residential properties for street widening, utility easements and floodway channels; single and multiple partial acquisitions. Contract value in excess of $200,000. Ms. Janet Parks Real Property Agent County of Riverside Department of Building Services 3 133 Mission Inn Avenue Riverside. California 92507-4199 (909) 955-9275 1996 - Present Valuation Assignments: Over one dozen eminent domain assignments including Highway 74 (72 parcels) right-of-way project. Contract value approximately $80,000. Response to RFQ No. 2 Page 7 Mr. Tim Crough District Engineer Murrieta Water District 42290 Ivy Murrieta, CA 92562 (909) 677-7667 1995- Present Valuation Assignments: Easement acquisitions for water transmission lines - partial easement acquisition and full acquisition of well and pump. Assessment District appraisals. Contract value approximately $40,000. Ms. Cynthia A. Pank Senior Right of Way Coordinator Riverside County Flood Control 1995 Market Street Riverside, CA 92501-1719 (909) 788-9965 1996- Present Valuation Assignments: Commercial site in floodway, industrial lot in flood zone, floodway acquisition through horse ranch and 83 properties in flood plain. Contract value approximately $45,000. Valuation Assignments - Other Clients 1991- Present · City of Temecula - Redevelopment Agency · City of Murrieta - Engineering Department · Rancho California Water District · Internal Revenue Service · Best. Best & Krieger, LLP · Orange County Water District Please refer to Robert Shea Perdue's Qualifications for additional client listings. Valuation Assignments - Summary Since 1978 have appraised thousand of properties in Southern California for eminent domain acquisition and litigation. Property types range from residential and vacant land to commercial and industrial. Partial acquisitions include street~ utility., flood, avigation and conservation easements. Response to RFQ No. 2 Page 8 1.d. The name of the principal or project manager in the firm who will serve as Project Engineer and have direct and continued responsibility for the contract. This person will be the City Staff contact on all matters dealing with each project and will handle the day-to-day activities through to completion. Please contact Bob Perdue, the owner, on all matters dealing with this contract and any projects which result from this contract. His phone number is (909) 694-6904. I.e. The names of any sub-consultants or sub-contractors to be utilized, along with an experience and project resume. It is unlikely we will utilize sub-consultants; however, if so, we have previously utilized the following individuals: 1. Ted Mullen - civil engineer and real estate developer. 2. Earle Brooks - developer and appraiser. 3. Roger Doverspike, MAI - appraiser. 4. Tisha Roripaugh - appraiser. 5. Adrian Lawrence - appraiser. 6. Mark Routh - appraiser. l.~ Professional qualification and type of equipment available. The qualifications of Robert Shea Perdue, MAI and Stephi Villanueva are attached as Exhibit A. ROBERT SHEA PERDUE REAL ESTATE APPRAISAL utilizes state-of-the-art appraisal technology including all standard valuation services, ARCVIEW for project and data management and digital exhibits and reports. 1.g. Current billing rate schedule for all personnel and equipment. Appraisals are quoted and billed on a lump sum case-by-case basis. Should additional appraisers' time be required for updated estimates of value, attorney/client conferences, deposition or expert witness testimony, this time will be billed at our standard rates of $125 and $190 per hour, respectively. Response to RFQ No. 2 Page 9 l.h. Any exceptions, additions, or suggestions which will aid us in our selection process. ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is the only MAI condemnation appraisal firm located in Temecula. While we have been based in the City since 1993, our familiarity with the local market dates to 1983 when we performed appraisals for Kaiser-Aetna, Kemper Insurance, etc. We are situated near the City Hall and have been available on short notice for appraisal meetings with the City staff. 2. The proposal sha!l be signed by an authorized official of the consultant firm. 3. The proposal shall be valid for a minimum of ninety (90) days. 4. Consultant is obligated to provide evidence of insurance liability and abide by the City's Risk Management Procedures in accordance with Exhibit "A ". ROBERT SHEA PERDUE REAL ESTATE APPRAISAL currently holds a $1 million business liability insurance policy, standard 300/100 automobile policy and Workers' Compensation. We are currently in the process of obtaining the insurance policies necessary to comply with the City of Temecula requirements. 5. Consultant will maintain requiredprofessional licenses and registration during the life of the Contract with the City. Robert S. Perdue currently holds the MAI appraisal designation, is a licensed general appraiser and is a licensed real estate broker. Respectfully submitted. ROBERT SHEA PERDUE REAL ESTATE APPRAISAL Robert S, Perdue, MAI RSP:cla Response to RFQ No. 2 Page 10 ITEM 17 APPROVAL ) iT C Y A'I'FORNEY ' ,' DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City ManagedCity Council r'rJ-/~William G. Hughes, Director of Public Works/City Engineer DATE: February 8, 2000 SUBJECT: Local Agency - State Agreement No. 000457, Supplement No. 242 RECOMMENDATION: That the City Council adopt a resolution approving the agreement between Caltrans and City of Temecula for funding Jefferson Avenue and Winchester Road Rehabilitation Projects in the amount of $816,000.00. RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 242 TO THE ADMINISTERING AGENCY/STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER RPL--5459(011 ), PAVEMENT REHABILITATION JEFFERSON AVENUE/FRONT STREET AND WINCHESTER ROAD BACKGROUND: The City of Temecula was successful in obtaining grant funds for the Pavement Rehabilitation Project on Jefferson Avenue and Winchester Road. The purpose of the project is to provide pavement rehabilitation to Winchester Road and Jefferson Avenue from Rancho California Road to the northerly City Limits rehabilitation by grinding & overlaying the existing AC pavement, remove & replace damaged curb & gutter, ddve approaches and installation of new street lighting system. The design of the Winchester Road rehabilitation has been completed and a contract awarded by City Council on January 11, 2000. The Jefferson Avenue from Rancho California Road to the northerly City limits project is in design and will be forwarded to Caltrans for review. The attached Program Supplement No. 242 to Administering Agency-State Agreement for State Funded Projects No. 000457 provides for funding of this project from State Funds in the amount of $816,000.00 and Local Funds of $284,000.00 for a total amount of $1,100,000.00. Local funds are provided through Measure A. FISCAL IMPACT: Adequate funds have been appropriated for this project (including the local match funded by Measure "A") in the Pavement Management System, Capital Improvement Project. -1- R:\Agdrpt\2000\0208\SuppAgrmt5459(011)dcd ATTACHMENTS: 1. Resolution No. 2000- 2. Administering Agency - State Agreement No. 000457 Supplement No. 242 -2- R:\Agdrpt\2000\0208\SuppAgrmt5459(011 ) .jcd RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 242 TO THE ADMINISTERING AGENCY/STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER RPL-5459(011), PAVEMENT REHABILITATION JEFFERSON AVENUE/FRONT STREET AND WINCHESTER ROAD The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, before State-Aid will be made for the Pavement Rehabilitation Project, Project No. PW99-16, Jefferson Avenue/Front Street, and Winchester Road, the LOCAL AGENCY and STATE are required to enter into a Program Supplement Agreement. WHEREAS, Pregrem Supplement No. 242 allocates funding in the amount of $$816,000 for Fiscal Year 1999/00, for construction of said project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, as follows: Section 1. That the City Council approve and authorize execution of Program Supplement No. 242 between the State Department of Transportation and the City of Temecula. Section 2. Authorize the Mayor to execute said Agreement. Section 3. The City Clerk shall codify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of February, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE, City Clerk -3- R:\Agdrpt~2000Xtr208\SuppAgrmd459(011)dcd [SEAL] STATE Of CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CItY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting therefore held on the 8 h day of February, 2000 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: -4- R:\Agdrpt\2000\0208\SuppAgrmt5459(011).jcd MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS District 08 Agreement No. 000457 City of Temecula Adminstering Agency THIS AGREEMENT, made effective this t O~aay of/"4 0~/e-v?'be r kq~a~q is by and between the City of Temecula, a city, county, or other public entity, hereinafter referred to as 'ADMINISTERING AGENCY,' the State of California, acting by and through its Department of Transportation, herinafter referred to as 'STATE.' WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities and ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the State Transportation Improvement Program (STIP), or other programs as defined in the Local Assistance Program Guidelines for use on those local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT"; and WHEREAS, as provided by STATE policy, said PROJECT will not receive any federal funds; and WHEREAS, STATE is required to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION I. This AGREEMENT shall have no fome or effect with respect to any programmed PROJECT unless and until a PROJECT-specific program supplement, adopting the terms of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. The Financial commitment of STATE funds will occur only following the execution of this AGREEMENT and the subsequest execution of each applicable PROJECT-specific PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed-upon Special Covenants and Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT. Page I of 8 4/21/99 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY'S governing body. 5. PROJECT shall be acquired, designed, and constructed as required in the Local Assistance Program Guidelines, such other STATE procedures as are identified in the PROGRAM SUPPLEMENT, and as is specified in this AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and State funding participation is limited to the amounts established by STATE. A contract for an amount in excess of said approved estimate may be awarded and expenditures may exceed said estimate provided ADMINISTERING AGENCY provides the necessary additional funding or a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding or deleting PROJECT funds. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROJECT specific PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE issued encroachment permits issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed. or constructed and to establish ownership and future maintenance obligations. (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. Page 2 of 8 4/21/99 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference this AGREEMENT number, PROJECT number, and progress billing number for the PROJECT, and shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only if such funds are available, STATE concurs with that proposed increase, and STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State funds am not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts approved in the PROGRAM SUPPLEMENT, and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 13. The legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A-133. Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that: Page 3 of 8 4/21/99 (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY'S accounting records in accordance with generally accepted accounting principles. (c) The ADMINISTERING AGENCY complied with CFR 49 Pan 18, Uniform Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report. 16. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations, Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Cimular A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. 17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual. The Final Invoice must be submitted with the "State Report of Expenditures". The Audit must be completed by the December 30th following the fiscal year of PROJECT completion. Project completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requirements may result in the withholding of future allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY broach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer. the California Transportation Commission (CTC), or any other public agency, may withhold or demand a transfer of an amount equal to the PROJECT amount paid by STATE from future apportionments or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY projects. Page 4 of 8 4/21/99 20. When PROJECT is not on the STATE highway system but includes work to be performed by a railroad. the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an AGREEMENT with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that coBtract. ARTICLE II - ENGINEERING 1. "Project Development Costs" includes all preliminary work up to contract award for construction and directly related to the PROJECT, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract, as well as Project Development Contract Administration. 2. "Construction Engineering" eligible costs include actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY'S employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds of ADMINISTERING AGENCY. 4. No reimbursable or matching costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or a later date specified in a PROGRAM SUPPLEMENT are allowable by STATE. ARTICLE III - RIGHT-OF-WAY 1. All related rights-of-way as are necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights-of-way have been secured. 2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. Page 5 of 8 4/21/99 (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277 (d) the cost of demolition and sales of all improvements on the right of way (e) the cost of all unavoidable utility relocation, protection or removal (f) the cost of all necessary hazardous material and hazardous waste clean up for which ADMINISTERING AGENCY is not responsible and the actual generator cannot be identified or recovery made. 3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING AGENCY shall provide relocation payments and services as required by California Government Code, Sections 7260-7277. 4. State funds will not participate in any PROJECT costs arising out of delays to construction or demolition contractor's orderly prosecution of the work because utilities have not been timely removed or relocated or due to the unavailability of rights-of-way. 5. If any protection, relocation or removal of utilities is required within STATE'S right-of-way, such work shall be performed in accordance with STATE policy and procedure. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE'S right-of-way to obtain a STATE Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the PROJECT as-built plans. ARTICLE IV - MISCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. Page 6 of 8 4/21/99 3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. 4. Auditors of STATE shall be given access to books and records of ADMINISTERING AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs and share to be paid. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY'S jurisdiction is not being properly maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 8 4/21/99 8. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY, either in whole or in part. 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 10. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 11. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the Califomia State Constitution. ARTICLE V - CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations,and the Local Assistance Program Guidelines and Local Assistance Procedures Manual including all subsequent approved revisions thereto. hereafter collectively referred to as PROCEDURES, applicable to PROJECT unless otherwise designated in the approved PROGRAM SUPPLEMENT. This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation City of Temecula By Chief, Office of Local Programs Project Implementation By (Authorized Representative) Date Date Page 8 of 8 4/21/99 PROGRAM SUPPLEMENT NO. 242 to ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000457 Date ~ December 28, 1999 Location: 08-RIV-0-TMCA Project Ntmber:RPL-5459(011) E.A. Number:08-412084 Locode: 5459 This PROGRA~M SUPPLEMENT, effective 11/10/1999, is hereby incorporated into the Administering Agency - State Agreement No. 000457 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of t / //t~ / c?f and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project, it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. PROJECT LOCATION: Temecula - Jefferson, Front Street - rehabilitate pavement TYPR OF WORK: Road Rehabilitation Estimated Cost State Funds Matching Funds STATE $816,000.00 LOCAL $I,100,000.00 $284,000.00 $0.00 $0.00 CITY OF TEMBCULA STATE OF CALIFORNIA Department of Transportation By Date By Chief, Office of Local Programs Project Implementation Date Title I hereby certify upon my personal knowledge that budgeted f~nds are available for this encumbrance: 266 -042 9 S 262042 042-T 816,000.00 Program Supplement 00-0457-242- SERIAL Page i of 3 08-RIV-0-TMCA RPL-5459(011) 12/28/1999 SPECIAL COVENANTS OR REMARKS This PROJECT is prograppLed to receive funding from the 1998 State Transportation Improvement Program (STIP), as amended. Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGP/M SUPPLEMENT, or 3)the effective date of the component specific allocation. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation CO~L~LiSSiOn (CTC) and/or the STATE. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 {SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental & permits, plan specifications & estimate, and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will Program Supplement 00-0457-212- SERIAL Page 2 of 3 08-RIV-0-TMCA RPL-5459(011) 12/28/1999 SPECIAL COVENANTS OR REMARKS revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 5. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 6. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 7. All funding obligations of STATE under the conditions of this PROGRAM SUPPLEMENT are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this PROJECT. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program S~pplement00-0457-242- SERIAL Page 3 of 3 ITEM 18 APPROVAL ~ CITY ATTORNEY .1 ~, DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council r'F~'!~'William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Local Agency - State Agreement No. 08-5459, Supplement No. M004 RECOMMENDATION: That the City Council adopt a resolution approving the agreement between Caltrans and City of Temecula for funding the Intersection Traffic Monitoring System Project in the amount of $197,867.00. RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. M004 TO THE ADMINISTERING AGENCY/STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER ITS99-5459(010), INTERSECTION TRAFFIC MONITORING SYSTEM ALONG THE INTERSTATE-15 CORRIDOR BACKGROUND: The City of Temecula was successful in obtaining grant funds for the Intersection Traffic Monitoring System for the installation of cameras at various intersections along the I-15 Corridor, including Ynez Road, Jefferson Avenue, Winchester Road and Rancho Califomia Road. The purpose of the project is to provide traffic monitoring and surveillance to improve traffic safety and circulation. The attached Program Supplement No. M004 to Administering Agency-State Agreement for Federal- Aid Projects No. 08-5459 provides for funding of this project from Federal Funds in the amount of $197,867.00 and Local Funds of $240,000.00 for a total amount of $437,867.00. Local funds are provided through Development Impact Fees. FISCALIMPACT: A total of $616,000 has been appropriated for the Intersection Traffic Monitoring System project in the Capital Improvement Program Budget for FY 1999/2000. The Federal award amount of $197,867 exceeds the $179,000 amount of Federal Funds that was estimated at the time the Capital Improvement Program Budget was adopted. ATTACHMENTS: Resolution No. 2000- Administering Agency - State Agreement No. 08-5459 Supplement No. M004 I R:~Agdrpt~000~D208~SuppAgrrntlTS5459(010).jcd RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. M004 TO THE ADMINISTERING AGENCY/STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER ITS99-5459(010), INTERSECTION TRAFFIC MONITORING SYSTEM ALONG THE INTERSTATE-15 CORRIDOR The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, before State-Aid will be made for the Intersection Traffic Monitoring System along the Interstate 15 Corridor, Project No. PW99-05, the LOCAL AGENCY and STATE are required to enter into a Program Supplement Agreement. WHEREAS, Program Supplement No. M004 allocates funding in the amount of $197,867 for Fiscal Year 1999/00, for construction of said project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, as follows: Section 1. That the City Council approved and authorize execution of Program Supplement No. M004 between the State Department of Transportation and the City of Ternecula. Section 2. Authorize the Mayor to execute said Agreement. Section 3. The City Clerk shall codify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of February, 2000. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC/AAE, City Clerk 2 R:~Agdrpt~2000~208\SuppAgrmtlTS5459(O10).jcd [SE L] STATE Of CALIFORNIA ) COUNTY Of RIVERSIDE ) ss CItY OF TEMECULA ) I Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2000- was duly and mgulady adopted by the City Council of the City of Temecula at a regular t meeting therefore held on the 8 h day of February, 2000 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS 3 R:~Agdrpt~2000~0208~SuppAgrmtlTS5459(010).jcd PROGRAM SUPPLEMENT NO. M004 to ADMINISTERING AGENCY-STATE AGREEMENT FOR F~DERAL-AID PROJECTS NO. 08-5459 Date: December 28, 1999 Location: 08-RIV-0-TMCA Project N-,,~her:ITS99-5459(010) E.A. N~mher:08-924442 This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between the Agency and the State on 03/07/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks sefforth on the following pages. PROJECT LOCATION: CITY OF TEMECULA ALONG 1-15/1-215 & SAN DIEGO COUNTY LrNE TYPE OF WORK: TRAFFIC SURVEILANCE AND SIGNAL SYSTEM IN PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X]PreliminaryEngineering [X] Construction Engineering Estimated Cost Federal FUnds QT8 $437,867.00 [ ] Right-Of-Way $197,867.00 LENGTH [X] Consauction Matching FUnds LOCAL $240,000.00 $0.00 0(MILES} OTHER $0,00 CITY OF TEMllCULA STATE OF CALIFORNIA Departanent of Transportation By Date Attest Title By Chief, office of Local Programs Project Implementation Date I hereby certify upon I~t personal k~owledge that budgeeed funds are available for this encumbrance: Accounting Officer~C~ ~ea Chapter ~ Sta~ute~ ~ x~ r 50 I999 2660-101-890 99-2000 Date i.9.[i,Q~te9 ,197,867.00 20.30.010.600 C 262042 892-F 197,867.00 Program Supplement 08-5459-M004- ISTEA Page I of 3 08.RIV-0_~-N~CA ITS99-5459(010) 12/28/1999 SPECIAL COVENANTS OR REMARKS All Maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency and/or the respective agencies as determined by agreement at regular intervals or as required for efficient operation of the completed improvements. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. All work performed on this project shall conform to the provisions of the ITS Partnership Agreement executed between the Federal Highway Administration and California Department of Transportation on September 30, 1999 (see Attachment A). All State requirements related to project funding and contract administration cited in the above referenced ITS Partnership Agreement shall be the responsibility of the local agency implementing this project on behalf of the State, as shown on Page I of this Program Supplement Agreement. Invoice billings shall be mailed directly to the Department of Transportation, Accounting Service Center, Local Programs Accounting Branch, MS #33, P.O. Box 942874, Sacramento, CA 94274-0001. A duplicate copy of each invoice will be mailed to Richard Macaluso, Caltrans project monitor, at the Department of Transportation, New Technology and Research, MS #83, 1227 O Street, 5th floor, P.O. Box 942873, Sacramento, CA 94273-0001. Three photocopies and one electronic file of the quarterly progress report shall be submitted to Richard Macaluso on or before the 10th of the month following the end of the quarter being reported. 7. At a minimum, the above cited quarterly report, shall contain a Program Supplement 08 - 5459 -M004- ISTEA Page 2 of 3 08-RIV-0-TNICA ITS99-5459(010) 12/28/1999 SPECIAL COVENANTS OR REMARKS concise report covering the following: a. The Federal-aid project number, project name, a brief description of the project, major project partners names and phone numbers of the partners project contacts, and the reporting period. b. Budget and scheduling information including the date the project was initiated, the estimated completion date, cost estimate, expenditures during reporting period, percent of project completed, and percent of funds expended. c. A brief description of the activities conducted during the reporting period including any milestones attained and/or significant events. d. A discussion of any problems encountered or anticipated (e.g.,scope changes, changes in project limits, funding requirements, technological constraints, institutional issues, project schedule delays) together with reco.m,ended solutions to such problems. e. A brief description of the activities to be conducted in the following quarter. Three photocopies and one electronic file of the Self-Evaluation Final Report shall be submitted following completion of the project. The Southern California Priority Corridor (Showcase) project defines the regional ITS architecture standards for the urbanized areas of southern California. This project will conform to this regional architecture. Program Supplement08-5459-M004- ISTEA Page 3 of 3 ITEM 19 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY A ORNEY . DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City ManagedCity Council /Y'~tWilliam G. Hughes, Director of Public Works/City Engineer February 8, 2000 Completion and Acceptance for the Traffic Signal and Median Modification at Rancho California Road and Town Center Drive, Project No. PW99-09 PREPARED BY: Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the City Council: Accept the project "Traffic Signal and Median Modification - Rancho Califomia Road at Town Center Ddve, Project No. PW99-09", as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On September 14, 1999, the City Council awarded the contract to DBX, Inc. in the amount of $47,740.00 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. A contract change order for an amount of $1,425.00 was appraved by the City Manager to add five additional traffic loop detectors. During the construction thera were certain decreases in quantity extension costs, which included concrete and asphalt paving. The total decrease in quantity extension costs was in an amount of -$3,116.75, bringing the total cost of the project to $46,048.25. The project included modifications to the intersection of Rancho California Road and Town Center Drive that were necessary to expedite turning movements and provide for longer green time for Rancho California Road. Improvements included the relocation of signal poles, installation of new handicap ramps, modification of median islands and re-striping of the intersection. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The contract amount for this project was $47,740.00. Contract Change Order No. 1 was approved by the City Manager in the amount of $1,425.00. With quantity extension costs of-$3,116.75, the total cost of the project is $46,048.25. This project is funded through the Department of Public Works Traffic Improvement Account No. 001-164-602-5412. I r:~agdrpt~'~0208~ow99-09.acc/smc ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 r:~,gdrpt~.000~0208~owgg-Og.acc/smc 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. A Contract was awarded by the City of Temecula to DBX, Inc. to perform the following work of improvement: Traffic Signal and Median Modification Rancho California Road at Town Center Drive Project No. PW99-09 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 February 8, 2000. That upon said contract the Great American 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 Califomia, and is described as follows: PROJECT NO. PW 99-09. 6, The street address of said property is: Rancho California Road at Town Center Drive Dated at Temecula, California, this 8t" day of February, 2000. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC/AAE, 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 8'' day of February 8, 2000. Susan W. Jones CMC/AAE, City Clerk R:\cip~orolectsl;w99~,ow99*091completn.not/smc CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW99-09 TRAFFIC SIGNAL AND MEDIAN MODIFICATION RANCHO CALIFORNIA ROAD A T TOWN CENTER DRIVE KNOW ALL PERSONS BY THESE PRESENT THAT: 42066 AVENIDA ALVARADO, SUITE C DBX, INCORPORATED TEMECULA, CA 92590 NAME AND ADDRESS CONTRACTOR'S a CORPORATION hereinafter (fl in whether · ~Uon. Pattrre~nip or indiviuual) BOND# 2903929 PREMIUM: INCLUDED IN PERFORMANCE BOND called Principal and GREAT AMERICAN INSURANCE COMPANY P.O. BOX 5440, ORANGE, CA 92863-5440 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TFMECULA. hereinafter calted OWNER, in the penal sum of ~oTm THOUSAND ~IX HUNDR~,~D FOUR DOLLARS and EIGHTY-TWO CENTS ($ 4,604.82 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 14TH .day of. SEPTEMBER . 19 9_9, a copy of which is hereto attached and made a part hereof for the cOnstruction of PROJECT NO. PW99- 09, TRAFFIC SIGNAL AND MEDIAN MODIFICATION - RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for.the period of one (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 dudng said pedo~; and WHEREAS, the said Contract has been completed, and was approved on JANUARY 13 .X'}~ 2~)00 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work. and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. R:~CIP~ROJECTS~W99~W99-Og~IDOOC Signed and sealed this 13TH day Of _ JANUARY ..... :~ 2.~000 (Sesl) Z ~R~~OMpANY pRi~L,~ DBX, INCORPORATED DAVID L. CULBERTSON ........................... (Name) (Namo) ATTORNEY-IN-FACT .......... Pres~d,e_n,t.. [Title) (Til~e) APPROVED AS TO FORM: Peter M, Thorson, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 01-13-2000 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Sii~t~ry Public seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR TI'FE OF ~ ~ OF Pa=EE 2 DATEOFDOC~e~f 01-13-2000 [] INDIVIDUAL [] PARTNER(S) [] OTHER: SIGNER IS REPRESENTING: CAPACITY CLAIMED BY SIGNER [] CORPORATE OFFICER T~TLE(S) [] ATTORNEY-IN-FACT [] TRUSTEE(S) GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) AIVERIC-M i INSURANCE COMPANY' 580 WALNUT STREET · CINCINNATI, 0HIO 45202 · 513-369-5000 · FAX 513-723-2740 The number of persons authorized by th~s power of attorney is not more than No. 013630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and cxisting undcr and by virtue of the laws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds. undcrta kings and cone races of suretyship. or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)~io-fact named above. IN W1TNESS WHEREOFthcGREATAMERICAN INSURANCECOMPANY hascausedtheseprcsentstobesigncdandattestcd by Its appropriate officers and its corporate seal hereunto affixed this 2rid day of February .1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON -- as: On this 2nd day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN. to me known. being duly sworn. deposes and says that he resided in Cincinnati. Ohio, that he Is the Vice President of the Bond Division of Great American [nsurance Company. I he Company described in and which executed the above instrument; t hat he knows the seal; that it was so affixed by authority of his office under the B> -Laws of said Company. and that he signed his name thereto b~. hke authority. This Power of Attorne> $s granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous '~ritten consent dated March I. 1993. R ESOL VED: That the DAzsion President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time. to appoint one or more A ttorneys-ln-Fact to execute on bchall'orthc Company. as surety. any and all bonds. undertakings and contracts of surctyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective bruits of thczr authorit)': and to revoke any such appointment at any time. R ESOL VED FUR THER: That the Company seal and the signature of any or the aforesaid officers and any Secretary or Asststant Secrctar~ o/the Company may be afiixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaPing, contract or surctysh~p. or other written obligation in the nature thereof,, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same three and effect as though manually affixed. CERTIFICATION 1. RONALD C HAYES. Asststant Secretary of Great American InSurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are no~ in full force and effect Signed and sealed this i3TH day of JANUARY 2000 CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW99-09 TRAFFIC SIGNAL AND MEDIAN MODIFICATION RANCHO CALIFORNIA ROAD A T TOWN CENTER DRIVE This is to certify that DBX, Inc. . (hereina~er the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW99-09, TRAFFIC SIGNAL AND MEDIAN MODIFICATION - RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE, situated in the City of Temecula, State of Califomia, more particularly described as follows: TRAFFIC SIGNAL AND MEDIAN MODIFICATION - RANCHO CALIFORNIA ROAD AT TOWN CENTER DRIVE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owin9 to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands. or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 1/13/00 Jim Perry, President Pdnt Name and Title RELEASE R-I R:~CIP~PROJECTS~PW99~:~W99-09~BIDDOC ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Council Grand, Assistant to the City Manager Febr 2000 uary 8, Resolutions of Support PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council adopt the following resolutions: 1. RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION 1A ON THE MARCH 7, 2000 PRIMARY ELECTION BALLOT, TO AMEND THE CALIFORNIA STATE CONSTITUTION TO PERMIT AND REGULATE GAMING COMPACTS ON TRIBAL LANDS 2. RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 13-SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION AND FLOOD PROTECTION ACT 3. RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 14-CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 4. RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 26-THE LET'S FIX OUR SCHOOLS INITIATIVE 5. RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE NEED TO MEET REGIONAL NEEDS FOR THE EXPANSION OF AVIATION FACILITIES BACKGROUND: While there are numerous propositions on the March 7th ballot, and the City is requested to take a position on many, the following represent those which most impact our local community. Proposition 1A allows for California Indian tribes to offer Nevada-style gambling on their lands. This proposition protects Indian self-reliance by providing clear legal authority for Indian tribes to conduct specified gaming activities on tribal lands. With the proximity of the Pechanga Indian casino and the recent successful cooperation of development with the Pala Road Bridge project, it is staff's recommendation to support Proposition 1A. The Western Riverside Council of Governments (WRCOG)- is also fully supportive of this Proposition. Proposition 13 proposes a $1.97 billion water bond. The Legislature placed the Safe Drinking Water Bond Act on the ballot to solve several California water problems including: providing a safe drinking water supply to all Californians, increasing the reliability of our water supply, in the event of a drought or emergency, providing common sense flood protection by avoiding development in the path of floods, building necessary flood control projects, improving the quality of our rivers, streams, and coastal waters and by protecting and restoring fisheries and wildlife habitat along rivers and streams. WRCOG, Rancho California Water District (RCWD) and the League of California Cities are fully supportive of this Proposition. Proposition 14, formerly known as Senate Bill 3 (Rainey), this piece of legislation would enact the California Library Construction and Renovation Bond Act of 2000, replacing the previously expired bond act of 1988. This proposition involves the issuance of bonds in the amount of $350,000,000 for the purpose of financing of a library construction and renovation program administered by the State Librarian. The passage of this proposition would be very beneficial as planning progresses for the construction of a central library within Temecula. WRCOG and the League of California Cities are fully supportive of this Proposition. Proposition 26 would reduce the number of votes needed to pass local school bonds from the current 2/3 to a simple majority, helping to generate funds to repair and update aging schools and build badly needed new ones, WRCOG and the League of California Cities are fully supportive of this Proposition, Expansion of Aviation Facilities. While this item is rlOt on the March 7, 2000 ballot for consideration, it is an item that the City has been asked to support and closely monitor. There is currently a regional need for the expansion of aviation facilities. Los Angeles World Airports (LAWA) has been highly involved in the Los Angeles International Airport Master Plan and the draft of the Environmental Impact Statement. While the proposed improvements to LAX are commendable, the concern is that future air passenger/cargo allocations should be distributed to aviation facilities in close proximity to the areas of rapidly increasing demand and growth. The attached resolution identifies the need to address the underutilized and potential capacity of other airports in this region, most specifically March Air Force Base. This position is consistent with WRCOG and their concern to address other facilities. If the City Council chooses to pass the following resolutions, staff will forward to the appropriate agencies demonstrating our support in these matters. FISCAL IMPACT: None at this time. Attachments: Resolutions RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION 'IA ON THE MARCH 7, 2000, PRIMARY ELECTION BALLOT, TO AMEND THE CALIFORNIA STATE CONSTITUTION TO PERMIT AND REGULATE GAMING COMPACTS ON TRIBAL LANDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, Proposition 1A will amend the California State Constitution to eliminate the technicality that resulted in the invalidation of the courts of Proposition 5, passed by the voters of California with over 64% of the votes cast; and WHEREAS, Proposition 1A promotes Indian self-reliance, self determination and economic self-sufficiency by allowing for regulated legal gaming on tribal lands in California; and WHEREAS, Indian gaming directly employs about 15,000 people who are mainly non- Indian, with 34,000 additional jobs supported by Indian gaming; and WHEREAS, jobs and revenues from Indian gaming and other businesses have helped to dramatically reduce previous unemployment rates of as high as 80% on tribal lands; and WHEREAS, Indian gaming has helped more than 12,000 tribal households and non-tribal households move from welfare to work, saving taxpayers more than $50 million every year, and giving thousands of former welfare recipients the self respect of having a job and supporting their families without public assistance; and WHEREAS, if Proposition 1A fails to pass, there would be nearly 50,000 fewer jobs and $4.4 billion in lost economic activity in the State; and WHEREAS, Indian gaming contributes more than $120 million in state and local tax revenues every year, benefits that would otherwise be lost to the state of Nevada; and WHEREAS, Temecula Valley and the City of Temecula enjoys direct economic benefits of Indian gaming on Tribal lands in the vicinity; and NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula supports the passage of Proposition 1A on the March 7, 2000, Primary Election ballot for the State of California. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of February 2000. Resos\99-88 I ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-88 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of February, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk Resos\99-88 2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION 13-SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION AND FLOOD PROTECTION ACT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, in March of 2000, voters will have the opportunity to approve Proposition 13, the Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act. This measure represents a shift in the management of water resources from the state level to communities at the local level; and WHEREAS, Proposition 13 represents an urgently needed investment in the water infrastructure of California; and WHEREAS, Proposition 13 will provide 1,000,000 acre-feet of much needed new dry-year water supply, benefiting the people and industries located both within the Rancho California Water District and across the state; and WHEREAS, Proposition 13 would also make important improvements to water quality and stabilize the core water supplies in the Bay-Delta, a fragile estuary and the source of ddnking water from more than 20 million Californians; and WHEREAS, Enactment of this bond will bring greater certainty to the water supplies which fuel California's economy and sustain the state's competitive edge. The investment will help prepare California for an increase of 15 million people by 2020 through a variety of clean water, watershed, flood protection and water supply improvement programs; and WHEREAS, If adopted by the voters, Proposition 13 will provide tangible benefits for water in nearly every city and county in the state, and protect our communities from the recurring devastation of floods; and WHEREAS, Statewide polling has found broad-based support among the electorate for increased investment in water infrastructure. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby lists the City of Temecula as formally in support of Proposition 13 as listed on the March 2000 ballot. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of February, 2000. Resos\99-40 I ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-40 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of February, 2000, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\9940 2 RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 14- CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the California Legislature has declared that public libraries are a supplement to the formal system of free public education and deserve adequate financial support from government at all levels; and WHEREAS, a viable statewide system of public libraries is essential to assist the schools, support children and to serve the general public in all local communities; and WHEREAS, community public facilities are an important partner in providing a quality education for children and ensuring lifelong learning opportunities for all citizens; and WHEREAS, the public interest is served by providing adequate resources to properly fund public library facilities and services; and WHEREAS, local public libraries throughout California need additional funding for the construction of new libraries, and for the expansion and renovation of existing library facilities to better serve their communities; and WHEREAS, the California State Library has recently conducted a statewide survey which identified a need for over 400 local library projects at a cost in excess of $2 billion; and WHEREAS, Proposition 14 provides California voters the opportunity to vote on this bond measure in the March, 2000 election and to provide a significant new financing option for expanding and improving California's public libraries; NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula hereby endorses and supports the passage of Proposition 14. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of February, 2000. ATTEST: Jeffrey E. Stone, Mayor Resos\99-88 I Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-88 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of February, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk Resos\99-88 2 RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF PROPOSITION 26- THE LET'S FIX OUR SCHOOLS INITIATIVE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, more than two million California students attend class in temporary facilities, and the state must build six new classrooms every day if it is going to accommodate the quickly growing student population; and WHEREAS, without significant new construction and modernization, existing schools will not be ready to handle the several hundred thousand additional students over the next decade; and WHEREAS, the Let's Fix Our Schools Initiative would amend the Califomia Constitution and Education Code to allow passage of critically-needed local school bonds with a simple majority of 50 percent plus one, rather than the current two-thirds vote required, while holding local school districts strictly accountable for prudent and responsible spending; and WHEREAS, at a time when California families want safer schools, more class size reduction, and better access to 21 .t century learning tools like computers and the Internet, we need to ensure that local school districts have the funds to create classroom environments that help students learn; and WHEREAS, last year voters passed Proposition IA, a $9.2 billion statewide bond to provide state matching funds for local facilities construction and improvements; and WHEREAS, school districts can only receive Proposition 1A state bond funds if they can generate matching funds through local bonds; and WHEREAS, most California voters believe bonds are the best way to build and repair classrooms and reduce overcrowding in California's schools; and WHEREAS, local school bonds require two-thirds vote to pass, forcing many districts to run numerous grueling campaigns; and NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula supports the passage of the Let's Fix Our Schools Initiative on the March, 2000 statewide ballot because it is a necessary and fair initiative. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of February 2000. Resos\99-88 I ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-88 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of February, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk Resos\99-88 2 RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE NEED TO MEET REGIONAL NEEDS FOR THE EXPANSION OF AVIATION FACILITIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, access to commercial and cargo aviation opportunities is important to economic vitality and job creation throughout the region; and WHEREAS, aviation demand within the entire region is forecast to exceed 157 million air passengers per year and 8.9 million tons of cargo per year by 2020; and WHEREAS, the Los Angeles Department of Airports has initiated a revision of the Masterplan for Los Angeles International Airport (LAX) that advocates expansion of its passenger activity from 60 million air passengers per year to an expected 98 million per year and its cargo activity from its current 1.7 tons per year to an expected 4.2 million tons per year; and WHEREAS, airport officials estimate that the expansion of LAX to accommodate the proposed level of aviation activity would cost as much as 12 billion dollars, and would necessitate the expenditure of billions of dollars more to lessen its impact on the ground transportation system; and WHEREAS, the proposed expansion, given LAX's location in the built-out, intensely congested west side of the South Coast Air Basin where its contribution to air pollution is greatest, appears to be a high-cost, high impact approach to meeting the region's need for added aviation capacity; and WHEREAS, there are at least nine other developing or existing commercial airports in Southern California, several of which are located in areas expected to experience the greatest growth in population and employment over the next 20 years, while the LAX area is expected to experience the region's least growth; and WHEREAS, developing airport capacity in areas of high growth and lower infrastructure costs rather than concentrating airport development at LAX may be an environmentally superior, lower cost, and more equitable strategy for serving future growth in air commerce in Southern California; and WHEREAS, the development of airport resources in the high-growth areas of the region will lead to a more equitable distribution of jobs and opportunities for economic growth, while reducing the burden on the regional transportation system; and WHEREAS, the following airports are also experiencing noise, capacity and other environmental problems: Burbank, John Wayne, and Long Beach; and Resos\99-88 I WHEREAS, Ontario continues to expand and El Tom is being evaluated for expansion; and WHEREAS, the following airports to date have not experienced strong aviation demand, but have significant under-utilized capacity or potential capacity: Palmdale, George, Norton, March and Pt. Magu; and WHEREAS, the LAX Masterplan has recognized that it cannot satisfy the regional growth demands both in cargo and passenger loads, and it is encouraging the development of the regional airports, NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula affirms its policy to encourage the development of aviation facilities in areas experiencing growth in demand; and the cities and counties of Southern California, working through the Southern California of Association of Governments and its Aviation Task Force, shall prepare a long-range Regional Airport Plan for Southern California that includes one or more fully-developed alternatives that distribute the growth in airline passenger and cargo operations among the region's commercial aviation facilities, with full consideration given to both freight and passenger ground access, and the economic and environmental opportunities and impacts associated with each alternative. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecuta at a regular meeting held on the 8th day of February 2000. A']'I'EST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-88 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of February, 2000, by the following vote: Reso~99-88 2 AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk Resos\99-88 3 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Board of Directors (~.Herman D. Parker, Director of Community Services February 8, 2000 Design Services Agreement for Senior Center Expansion PREPARED BY: .~Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Award, in substantial form, final form to be approved by City Manager and the City Attomey, contract of $44,777 to Davidson + Allen Architects for the preparation of the design development drawings, construction documents, and project administration for the Senior Center Expansion Project. 2. Approve a ten percent (10%) contingency in the amount of $4,477 for the design agreement. BACKGROUND: On May 5, 1999, the TCSD entered into a design services agreement with Davidson + Allen Architects (consultant) for the preliminary design of the Senior Center Expansion. The consultant was the architect who designed the facility originally and was selected for this project because of his familiarity with the building and grounds. The consultant has met on several occasions with staff and the project committee to determine the expansion needs and constraints for the facility. The consultant has also completed the schematic design for the proposed improvements along with a preliminary cost estimate of $485,300 for construction. The proposed design services agreement will provide for the final design development, construction documents and project administration for the project. It is envisioned that the project will expanded the building by approximately 3,000 square feet, offering additional meeting rooms, restrooms, kitchen upgrades, enlarged billlard room, computer access for seniors, and storage. \\TEMEC_FSIOI\VOLI\Depts\CSD~RUSEP\AGENDAS\SR CENTER EXPANSION,CC,dOC FISCAL IMPACT: Cost of this Design Services Agreement $44,777 plus an additional ten percent (10%) contingency of $4,477. The amount of the preliminary design agreement was $6,000, making the entire cost for design $50,777, plus contingency of $4,477. This project is budgeted and approved in the City's Capital Improvement Program for FY 2000-2004. The City has obtained Community Development Block Grant (CDBG) funding approval in the amount of $601,800 to complete this project. Sufficient appropriations are available for this item in fund 210-190-163-5802. Attachments: CIP Worksheet Design Services Agreement \\TEMEC_FS101\VOLI\Depts~CSD~RUSEP~AGENDAS~R CENTER EXPANSION,CC.dOc CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES SENIOR CENTER EXPANSION PROJECT THIS AGREEMENT is made and effective as of February , 2000, between the City of Temecula Community Services District ("District") and Davidson + Allen Architects ("Consultant'~. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February ,2000 and remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2001, 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 heroin as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, 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 District 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 am null and void. This amount shall not exceed Forty-Four Thousand Seven Hundred and Seventy-Seven Dollare and No Cents (~44~777) 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 wdting 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 Distdct's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees, If the Distdct disputes any of consultant's fees it shall give wdtten notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. P~greements\Consultant 99 1 SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Distdct 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 pdor wdtten notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Distdct 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 District 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 District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Distdct pursuant to Section 4. 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, District 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 pedod of time, the Distdct 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 acourate records with respect to sales, costs, expenses, receipts and other such information required by Distdct that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of Distdct or its designees at reasonable times to such books and records, shall give Distdct the dght to examine and audit said books and records, shall permit District to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a pedod of three (3) years after receipt of final payment. b, Upon completion of, or in the event of termination or suspension of this Agreement, all odginal 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 Distdct and may be used, reused or otherwise disposed of by the District without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the District, upon reasonable written request by the District, the necessary P~greements\Consultant 99 2 computer software and hardware for purposes of accessing, compiling, transferring and pdnting computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage rosulting from the rouse of the design at a location other than that specified in Exhibit A without the wdtten consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnity, protect and hold harmless the Disthct, 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 District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property adsing out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the District. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injudes to persons or damages to property which may adse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covedng Automobile Liability, code I (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 Uability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. P%Agreements~Con~ultant 99 3 (3) Worker's Compensation as required by the State of Califomia; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, 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) (2) (3) (4) (5) The District, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing 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 District, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the District, 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 Consultant's insurance and shall not contribute with it. 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. 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' pdor written notice by certified mail, retum receipt requested, has been given to the District. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District, Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera¢3e. Consultant shall furnish the Distdct 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 Distdct. All endorsements are to be received and approved by the District before work commences. As an alternative to the Distdct's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, incJuding endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Distdct a wholly independent contractor. The personnel performing the services under this Agreement on b~half of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Distdct 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 District. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind Distdct 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, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District 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 District, and its officers and employees, shall not be liable at law or in equity occesioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultam in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Disthct's prior wdtten authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information conceming 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 Distdct notice of such court order or subpoena. b. Consultant shall promptly notify District should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, inten'ogatodes, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. Distdct retains the dght, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Distdct and to provide Distdct with the opportunity to review any response to discovery requests provided by Consultant. However, District's right to review any such response does not imply or mean the dght by Distdct to control, direct, or rewdte 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 District: 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: Davidson + Allen Architects 28441 Rancho California Road, Suite A Temecula, CA 92590 Attention: Dean Davidson 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor written consent of the District. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Dean Davidson shall perform the services described in this Agreement. Dean Davidson may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide Distdct fourteen (14) days' notice pdor to the departure of Dean Davidson from Consultant's employ. Should he leave Consultant's employ, the District shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. 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 Distdct and Consultant understand and agree that the laws of the State of Califomia shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation conceming this Agreement shall take place in the municipal, superior, or federal distdct court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entedng into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties heirsto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA Jeff Comemhero, President Attest: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONSULTANT By: Name: Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) P~Agreements\Consultant 99 8 EXHIBIT A TASKS TO BE PERFORMED DAVIDSON+ALLEN ARCHITECTURE & PLANNING 28441 RANCHO CALIFORNTA ROAD., SUH~" A", TEMECULA, CA 92590 ........... (909) 693-0301-FAX (909) 6934080 Jan. 13,2000 Mr. Herman Parker, Director Temecula Community Services District 4300 Business Park Dr. Temecula, California 92590 Subject: Proposal to furnish architectural, and engineering design services to construct modifications and additions to the Mary Phillips Senior Center in Temecula. Dear Herman, In response to your request we would like to present the following proposal to furnish professional services for the above project: PROJECT DESCRIPTION · Enlarge existing structure with addition of meeting and cr~ rooms, additional toilet rooms and storage areas in conformante with conceptual design prepared by this office 10/1/99. These facilities would be located in the approximate areas of the existing shuffleboard courts and the slab area provided for expansion in the original design. The area of expansion would contain approximately 3,300 square feet of additional new space. Modifications would also be made to existing Meeting Rooms, Library and Craft Room totaling approximately 1040 square feet. It is intended to preserve existing fences, masonry piers and trelliswork in so far as possible without cornpromising use of the expanded facility. · Install commercial kitchen equipment in the existing kitchen area with modifications as required for code compliance. · Make adjustments and modifications to the existing building as required to accommodate the proposed expansion and any other uses as determined by the schematic design. SCOPE OF WORK · Upon approval of schematic design by the TCSD, meet with appropriate government agencies to review the proposed design for compliance with applicable regulations, Page 1 of 3 · Provide interior and exterior color and material selections and details compatible with existing facility. · Provide fire sprinkler system design · Provide perspective color rendering of the project. · Prepare a detailed cost estimate for the work based upon the approved schematic design. · Prepare working drawings engineering calculations and specifications to obtain building permits and contractor's bids for the work. · Assist the City as required during the bidding and contract negotiation phases. · Review all contractors' submittals and shop drawings during construction. · Answer questions from City staff and the contractor if required to interpret the drawings and specifications. · Provide inspection of construction as requested by City of Temecula but not to exceed one trip per week. WORKEXCLUDED · Surveys and staking (by contractor) · Soils investigation (budget estimate $2,500-$5,000) · Special inspections or testing (none should be required) · Civil engineering including grading, erosion and utility plans (none should be required) · Landscape and irrigation (none should be required) · Consultants other than those listed above (none should be required) · Job administration (except as listed above). COSTSNOT INCLUDED · Plan check and permit fees · Blueprints and reproduction costs · Renderings or models (available at cost) · All construction costs TIME OF COMPLETION · We would suggest a period of 30 calendar days be allowed for completion of the schematic design phase. · Upon approval of the schematic design, 120 calendar days would be required for preparation of the working drawings and specifications. Page 2 of 3 EXHIBIT B PAYMENT RATES AND SCHEDULE FEE The fee shall be based upon the following assumptions: BUILDING FEE New construction, 3,300 sf@ $125/s~$412,250.00 x 8.5%=$35,041.00 Modifications to existing building, =$ 22,800.00 x 12%=$ 2,736.00 Kitchen Kitchen consultant Sprinkler system consultant Detailed cost estimate Perspective rendering Total =$ 50,000.00 x 12%=$ 6,000.00 =$1,000.00 =$ 2,400.00 =$ 2,000.00 =$1.600.00 =$485,050.00 =$50,777.00 Credit amount of Schematic Design Contract =$ -6,000.00 Balance of contract .................................................=$44,777.00 PAYMENT The fee shall be paid based upon monthly billing for effort expended and costs incurred. For work done in addition to the base contract the following fee schedule shall apply: · Archltect's time $95/hr · Computer dratting $55/hr · Clerical $30/hr. · Reimbursable expense Cost +15% We hope the above proposal is satisfactory as we look forward to working with you on this worthwhile project. Dean Davidson Page 3 of 3 ITEM 2 APPROVAL , . ~ CITY ATTORNEY - ,, I. ,~, DIRECTOR OF FINANCE GEN. MANAGER TEMECULACOMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: General Manager/Board of Directors c'~erman Parker, Director of Community Services February 8, 2000 SUBJECT: Completion and Acceptance of Bike Path Signing and Striping Construction Project No. PW99-02CSD PREPARED BY:/l~l.L~Villiam G. Hughes, Director of Public Works/City Engineer Hasib Baha, Assistant Engineer - Capital Projects ~ RECOMMENDATION: That the Board of Directors: 1. Accept the project "Bike Path Signing and Striping", as complete;.and Authorize the Clerk to file the Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance bond in the amount of 10% of the contract; and Release the Labor and Materials Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On October 19, 1999, the Board of Directors awarded the subject project to JP Striping, in the amount of $20,807.00. The project included the installation of bike lanes, legends, "No Parking, Bike Lane" signs and posts. Additionally, the improvements included the modification of existing striping in certain locations. The bike lanes were installed at the following locations: · Rancho California Road, Margarita Road to Riesling Court. · La Serena Way from South General Kearny to Via Aguila · Ynez Road from Town Center Drive North to Overland Drive · Margarita Road from Solana Way to Peseo Brillante The Contractor completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on, or about, 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The Bike Path Construction - City Wide Project is a Capital Improvement Project and is funded by AB 2766 funds. Contract Change Order No. I for a decrease in quantity was approved by the General Manager in the amount of $1,750.00 of the original contract for a total construction cost of $19,057.00. I r:'agdrpt',2000~O208',pw99-02.acc ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 r:'agdrpt~2000~D208~w99-02.acc 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. A Contract was awarded by the City of Temecula to J P Striping to perform the following work of improvement: Bike Lane Signing and Striping Project No. PW99-02CSD 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 February 8. 2000. That upon said contract the American Contractors Indemnity 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: PROJECT NO. PW 99- 02CSD. 6. The street address of said property is: Bike Lane Signing and Striping at various locations Dated at Temecula, California, this 8t" day of February, 2000, Susan W. Jones CMC/AAE, 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 Ternecula, California, this 8~' day of February 8, 2000. Susan W, Jones CMC/AAE, City Clerk CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW99,02 BIKE I,,4NE SIGNING & STRIPING KNOW ALL PERSONS BY THESE PRESENT THAT: J.P, Striping - 39245 Vineland Street, Cherry Valley, CA 92233 NAME ANO ADDRESS CONTRACTOR'S a Individual hereinafter called (fill ifi ~qezhcr a Co.~oratlon, Pallner~P,!p or tnr#v~du(fi) Principal. and American Contractors Indemnity Company-9841 Airport Blvd., 9th Fi., LA, CA 90045 NAME AND ADDRESS OF SURETY heroinafter calted SURETY, are herd and firmly bound unto CITY OF TEMECULA, heroinafter called OWNER, in the pena~ sum of Two thousand Eighty*** .............. DOLLARS end Seventy** CENTS ($ 2,080.70** ~ in lawful money of the United States. said sum being not less then ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves. successors. and assigns, jointly and severally. firmly by ~ese presents. THE CONDITION OF THIS OBLIGATION Is such that whereas, the PrinciOal entered into a certain Co~tract with the OWNER, datedthe I9th dayof Octobe, zl99.9, .. COpy Of which is hereto attaFhed and made a part hereof for the construction of PROJECT NO. PW99-02, BIKE LANE SIGNING & STRIPING. WHEREAS, Said Contract provides that the Principal w111 furnish a bond condltioned to guarantee for the period of one (1) year after approval of the fine] estimate on said job. by the OWNER, against defects in workmanship and materials which may become apparent during said period; and WHEREAS. the said Contract has been completed, and was approved on 12-20 .19 NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUC~*;, that if within one year from the e~ate of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shawl appear that defective materials were furnished thereunder. then this obligauon shall remain In full force and, virtue, otherwise this instrument shall be void. Signed and seated this __ 10th day of January __ ,~f~ 2000 PRINCI , lT By: APPROVED AS TO FORM: DeTer M Thorson. City Attorney t, Name) (Tit]e) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss. On 1-10-00 o.le personally appeared , before me, G.C. Marin Name and ~tle of Officer (e,g+, "Jane Doe, Notary Pubh¢} Keith Sandrock Jr. Name{s) ol Signer(s) ~ personally known to me [] 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 his/her/their .... "' ' O C MAR N signature(s) on the instrument the person(s), or ,ComrnO~ the entity upon beh f which the person(s) i , Notary Publi~ -~Ca':fo'niazz acted executed t trument. San Bernoraino C~unty '> ' ~~ : Place Notary Seal Above Sign Pubhc OPTIONAL / Though the information below is not required by law, it may prove valuable to/pets elying on the document and could prevent fraudulent removal and reattachment of this i ment, Description of Attached Document ~tle or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual D Corporate Officer -- Title(s): [] Partner -- [] t:ir0ited E'J General ~ Attorney in Fact [] Trustee D Guardian or Conservator [] Other: Signer is Representing: A American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Keith Sandrock, Jr. as its true and lawful Attorney(s)-in-fact, in amount of $ 1.500.000.00, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such insn'ument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEIVIINI t'Y' COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNrt'Y COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Atturney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any st~ch power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatoms or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 261h day of October 1999 . STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 26. 1999 BAyM....ERICAN CONTRAe/.~Z~__~.ZT~.d/IiTY/MPANY · And~ Faust, President before me, Deborah Reese . personally appeared Andv Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the en~ity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CERTIRCATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. iOth January 2000 IN TESTIMONY WHEREOF, I have hereunto set my hand this day of CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW99-02 BIKE LANE SIGNING & STRIPING This is to certify und~/,.~c~Z,/~,~2~/it . (hereinafter the 'CONTRACTOR") declares to the City of Temecula, ath, that He/s has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW99-02, BIKE LANE SIGNING & STRIPING, situated in the City of Temecula, State of California, more particularly tiescribed as follows: BIKE LANE SIGNING & STRIPING The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully retease and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. RELEASE R-1 R:XCIPIPROJECTS/PWgglgg~32~b~d docdoc ITEM 3 APPROVAL , E CITY ATTORN Y DIRECTOR OF FINANCE GEN. MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: February 8, 2000 SUBJECT: Completion and Acceptance of Construction Contract for Butterfield Stage Park Improvements, Project No. PW98-01CSD PREPARED BY: .,'Y~/Villiam G. Hughes, Director of Public Works/City Engineer Ward Maxwell, Associate Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: Accept the project, "Butterfield Stage Park Improvements", Project No. PWg8-01CSD as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On September 14, 1999, the Board of Directors awarded the construction contract to JDC, Inc. in amount of $35,007.50 for said project and authorized the General Manager to approve change orders that are within the 10% contingency. The total cost of the project was $35,007.50. The Community Services Department received a petition in 1997 requesting that a half court basketball court be installed at Butterfield Stage Park. On March 23, 1999, the Board of Directors authorized the Public Works Department to prepare construction documents and solidt construction bids. This project provided a new basketball half court, drinking fountain, concrete sidewalk, drainage and irrigation system modifications, and planting. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: Butterfield Stage Park Improvements project is a Capital Improvement Project funded through Development Impact Fees - Public Facilities, Development Impact Fees - Parks & Recreation and TCSD Operating Budget in Account No. 210-190-164-5804. There were no Contract Change Orders for this project; total project cost was $35,007.50. 1 r:'agdrpt~2000~0208~pw98-01 CSD .acc ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 r:~agdrpt~000~0208~w98-01 CSD.aCC 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: 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. A Contract was awarded by the City of Temecula to JDC, Inc. to perform the following work of improvement: Butterfield Stage Park Improvements Project No. PW98-OICSD 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 February 8, 2000. That upon said contract the Fidelity and Deposit Company of Maryland 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: PROJECT NO. PW 98- 01CSD. 6. The street address of said property is: Butterfield Stage Park, Butterfield Stage Road. Dated at Temecula, California, this 8t~ day of February, 2000. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC/AAE, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of pedury, 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 8'" day of February 8, 2000. Susan W. Jones CMC/AAE, City Clerk Bond Number: 8084561 Bond Premium: $50.00 Bonds Issued: 1 CITY OF TEMECULA. PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW98-OfCSD BUTTERFIELD STAeE PARK IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENT THAT: a JDC, Inc., 13061 Shasta Court, Rancho Cucam~ng~, CA q17~q NAME AND I~DDRESS CONTRACTOR'S Corporation (fill in whefher a Cot3soraN~lt, Pe~fn efthip or indi~Oual] , hereinafter called Principal, and Fidelity and Deposit Company of Maryland, 225 S. Lake Ave, Ste 7007 Pasadena, CA NAME AND ADDRESS OF SURETY heroinafter called SURETY, are held and firmly bound.unto CITY OF TEMECULA, hereDa. fter Called OWNER, in the penal sum of Three Thousand Five Hundred Dollars DOLLARS an~;eventy Five CENTS ($*~3500.75 in lawful money of the United States, said sum being not less than ten (10%) of the ContraCt value payable by the said City of Temecula under the terms of the ContraCt, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 9 day of September , 19 ~ a copy of which is hemto attached and made a part hereof for the construction of PROJECT NO. PWaS-O1CSD, BUTTERFIELD STAGE PARK IMPROVEMENTS. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year afler approval of the final estimate on said job, by the OWNER. against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was .approved on 2nd F.ebruar7 2--000 .... 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 terms of said Contract shall disclose poor workmanship in the execution of said work, and the Carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then 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 attorneys' fees incurred by 91101 the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications 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 time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. 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 attorneys' fees incurred by the City of Temecula successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered, Signed and sealed this 25th day of January 2000 (Seal) g .W.~ ohnson (NA~T: In-FZt (Tit~e) APPROVED AS TO FORM: Peter M, Thorson, City Attorney (Name) F~-"~/tg&,"-,' '~'. (Title) By: (Name) (Title) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E, SMITH, Assistant Secretary, fully and amply, to all intents and purposes, as ifth~:n d uted and acknowledged by the regularly elected November, A.D. 1999. ~ ~ FIDELITY AND DE~SlT COMPANY OF MARYLAND T. E. Smith .4ssistant ~ecretary I~. B. Ffalbrecher Vice-President Sta~eofM~ryland ~ ss: County of Ba~more On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned end qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals end officers described in and who executed the preceding insU~unent, end they each acknowledged the execution of the same, end being by me duly sworn, severally and each for himself deposeth end saith, that they are the said officers of the Compeny aforesaid, end that the seal affixed to the preceding insn'ument is the Corporate Seal of said Company, end that the said Corporate Seal and their signatures as such officers were duly affixed end subscribed to the said insm~ment by the authority end direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. LI428-0124152 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of Orange On 1-25-00 , before me, Date personally appeared J.w. Johnson Sandi Forte, Notary Public Name(s) of Signer(s) Y~ personally known to me Q proved to me on the basis of satisfactory evidence FORTE C,~mmi~ion ~ 121~ to be the person(~) whose name(s") is/a~x subscribed to the within instrument and acknowledged to me that he/~;e~l~t~ executed the same in his/R~ilhYe~ authorized capacity(Ya~)(, and that by his/~ signature(~ on the instrument the person(~, or OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the dDcument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond Document Date: 1-25-00 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] individual [] Corporate Officer -- Title(s): L3 Partner m ~ Limited ~ General 3xAttorney in Fact Ll Trustee LD Guardian or Conservator D Other: SignerIs Representing: Fidelity And Deposit Company of Maryland CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. county of Orange On 1-25-00 personally appeared , before me, James De Almond Sandi Forte, Notary Public Name(s) of S~gner(s) ~ personally known to me ~ proved to me on the basis of satisfactory evidence Notary PUblic Cc,l:f,~'nio ~: Place Notary Seal Above to be the person(~) whose name(~ is/JiNi subscribed to the within instrument and acknowledged to me that he/~l~ executed the same in his/l~il~tl~IK authorized capacity(ie~), and that by signatureS) on the instrument the person(G), or the entity upon behalf of which the person(~ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and mattacl~ment of this form to another document. Description of Attached Document Title or Type of Document: Bond Document Date: ]_-25-00 _ Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual ~i~ Corporate Officer -- Title(s): Pres'i dent L~ Partner -- [] Limited ~ General [] Attorney in Fact D Trustee [] Guardian or Conservator [] Other: Signer Is Representing: JDC, Inc. CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW98-Of CSD BUTTERFIELD STAGE PARK IMPROVEMENTS This is to certify that -- ~ (~- ~ ~ L- , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies. labor, _services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW98- 01CSD, BUTI'ERFIELD STAGE PARK IMPROVEMENTS, situated in the City of Temecula, State of California, more particularly described as follows: BUTTERFIELD STAGE PARK IMPROVEMENTS The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: CONTRACTOR By: -/"" Signature Print Name and Title RELEASE R-! R:U)ID-DOCSUvtASTERSUiEWBID CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of orange On 1-25-00 , before me, personally appeared James De Armond Sandi Forte, Notary Public Name anct THle of Officer (e g. 'Jane Doe, Notann Public') Name(s) of Signet(s) ~ personally known to me [] proved to me on the basis of satisfactory evidence Notary Pubtic- CalifOrnia Orange County MyComm, ExD~sMa'l,2D03 Place Notary Sea} Above to be the person(~) whose name(~) is/~tl~ subscribed to the within instrument and acknowledged to me that he/~L~ff~ executed the same in his/tY~rjtl(~IK authorized capacity(le~), and that by his/blleX/(k~X signatureS) on the instrument the person(G), or the entity upon behalf of which the person(~ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond Document Date: 1-25-00 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ Individual j~( Corporate Officer -- 'Rtle(s): President ~ Partner -- [] Limited E General [] Attorney in Fact [] Trustee Q Guardian or Conservator [] Other: Signer Is Representing: JDC, Inc. ITEM 4 CITY OF TEMECULA MEMORANDUM FROM: DATE: SUBJECT: Board of Directors Temecula Community Services District Genie Roberts, Director of Financ~"~ February 7, 2000 Temecula Community Services District Agenda Item No. 4 Attached for your information is a revised attachment to Temecula Community Services District Agenda Item No. 4 "Approval of 1999-00 Mid-Year Budget Adjustments". This revision corrects an error in only the #% change" for the proposed TCSD revenues. This correction is only for the percentage change, and does not impact the dollar amounts. This revised schedule replaces the last two pages of the attachments to this item in your agenda book. I apologize for any inconvenience this error may have caused. Attachment AMENDED MATERIAL COMMUNITY SERVICES DISTRICT ITEM NO. 4 FUND 190 TCSD FUND DEPT -180 NON-DEPARTMENTAL 4004 -Special Tax 4051 -Contributions 4058 -Miscellaneous 4060 -Miscellaneous Non Taxable 4062 -Recovery of Prior Year Expense 4065 -Investment Interest 4073 -TCSD Admin Fee CreditPRest" 4075 -Rental Income 4076 -Reimbursements 4077 -Lease income 4076 -Reimbursements (CIP) 4090 -Operating Transfers In 4107 -Parcel Maps 4284 -Plan Check TOTAL DEPT 180 DEPT -183 RECREATION 4070 -Cash Over & Short 4975 -Aquatics 4980 -Classes/Activities 4982 -Contracted Classes 4984 -Day Camp 4986 -Excursions 4988 -Field Rentals/Lights 4990 -Indoor Rentals 4992 -Special Events 4994 -Sports 4995 -Sponsorships 4997 -Museum 4998 -Skate Park TOTAL DEPT 183 190 TOTAL TCSD FUND 190 TCSD REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY 98-99 FY 99-00 FY 99-00 ACTUALS YTD @12j31/99 ORIG EST 2,319,205 5,000 374 680 377 43,727 746,790 49,111 2,000 7,037 2,205,240 253 12,621 30,000 645,000 1,290,000 6,000 20,100 6,000 67,230 4,596 3,510 20,000 3,174,301 671.980 3,638,570 87,392 16,202 93,808 60,350 3,009 24,623 47,860 14,607 71,160 39,710 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 2,205,240 42.07% 30,000 50.00% 1,290,000 20,100 12,000 67,230 6,000 100.00% 17.55% 30,000 10,000 50.00% 18.47% 3,654,570 16,000 0.44% (100) 54,518 80,000 68.15% 80,000 8,664 12,000 72.20% 12,000 43,207 71,000 60.85% 96,000 6,190 55.330 11.19% 55,330 1.050 5.450 19.27% 5,450 26,014 28,000 92.91% 38,000 33,863 43,000 78.75% 53,000 7,668 10,000 76.68% 10,000 42,928 70,000 61.33% 70,000 4,000 4,000 1,207 46,710 2.58% 3,710 19,575 55,000 35.59% 40,000 458,721 244,784 480,490 50.94% 467,490 3,633,022 916,764 4,119,060 22.26% 4,122,060 25,000 35.21% 10,000 35.71% 10,000 (43,000) (15,000) -27.27% (13,000) 3,000 0.07% OOmidyear-REV FUND 191 SERVICE LEVEL A DEPT 180NON-DEPARTMENTAL 4004 -Special Tax 4062 -Recovery of Prior Year Expense 4065 -investment Interest 4073 -TCSD Admin Fee Credit/"'Rest" 4284 -Plan Check 4390 -Street Lighting Fees TOTAL SERVICE LEVEL A FUND 192 SERVICE LEVEL B DEPT 180 NON-DEPARTMENTAL 4005 -Assessments 4062 -Recovery of Prior Year Expense 4065 -Investment Interest 4073 -TCSD Admin Fee Credit/"Rest" 4390 -Street Lighting Fees 4395 -Property Owner Election Costs TOTAL SERVICE LEVEL B TCSD REVENUE DETAIL FY 1999.00 MIDYEAR BUDGET FY 98-99 FY 99-00 FY 99-00 ACTUALS YTD @12/31/99 ORIG EST 190,577 196,950 215 140 100 55,300 38,000 76,000 3,600 15,000 7,793 10,697 9,480 253,885 52,437 297,530 FY 98-99 FY 99-00 FY 99-00 ACTUALS YTD @12/31/99 ORIG EST 293,951 321,900 1,561 337 1,000 3,410 25,553 15,000 11,200 400 100 1,600 324,875 15,437 335,700 YTD % FY 99-O0 CHANGE % OF BDGT REVISED EST IN EST CHANGE 196,950 140,00% 100 50.00% 76,000 24.00% 25,000 10,000 66.67% 112.84% 9,480 17.62% 307,530 10,000 3.36% Y'rD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 321,900 33.70% 1,000 133.93% 28,200 17,000 151.79% 6.25% 1,600 4.60% 352,700 17,000 5.06% FUND 193 SERVICE LEVEL C DEPT 180NON-DEPARTMENTAL 4005 -Assessments 4062 -Recovery of Prior Year Expense 4065 -investment Interest 4370 -Landscape Plan Check 4371 -Landscape Inspection 4395 -Property Owner Election Costs TOTAL SERVICE LEVEL C FY 98-99 FY 99.00 FY 99-00 ACTUALS YTD @12/31/99 ORIG EST 557,382 100 559,840 21 15,522 7,607 14,000 9,290 1,890 25,000 7,200 20,000 100 1,000 607,215 16,897 594,840 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 0.02% 559,840 54.34% 14,000 10,000 10,000 36.00% 20,000 10.00% 1,000 2.84% 604,840 10,000 1.68% FUND 194 SERVICE LEVEL D DEPT 180 NON-DEPARTMENTAL 4005 -Assessments 4060 -Miscellaneous 4065 -Investment Interest 4073 -TCSD Admin Fee Credit/Rest 4730 -AB 939 TOTAL SERVICE LEVEL D fY 98-99 FY 99.00 FY 99.00 YTD % FY 99-00 ACTUALS YTD @12/31/99 ORIG EST Of BDGT REVISED EST 2,231,153 2,310,410 2,310,410 18,582 7,003 14,000 50.02% 14,000 44,520 2,294,255 7,003 2,324,410 0.30% 2,324,410 CHANGE % IN EST CHANGE FUND 195 SERVICE LEVEL R DEPT 180NON-DEPARTMENTAL 4005 -Assessments 4065 -Investment Interest 4073 -TCSD Admin Fee Credit/Rest TOTAL SERVICE LEVEL R FY 98-99 FY 99.00 FY 99-00 ACTUALS YTD @12/31/99 ORIG EST YTD % FY 9g-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 12,539 11,660 11,660 579 425 500 85.00% 500 13,118 425 12,160 3.50% 12,160 00midyear REV FUND 390 DEBT SERVICE DEPT 199NON-DEPARTMENTAL 4062 -Recovery of Prior Year Expense 4065 -Investment Interest 4090 -Operating Transfer In TOTAL DEBT SERVICE FUND TCSD REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY 98-99 FY 99~0 FY 99-00 ACTUALS YTD ~12j31/99 ORIG EST 35,547 8,966 35,600 465,896 332,222 464,670 501,445 341,188 500,270 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 25.19% 35,600 71.50% 464,670 68.20% 500,270 00midyear-REV APPROVAL .~ ATTORNEY ~/~ CITY DIR. OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT Board of Directors Shawn Nelson, General Manager February 8, 2000 Approval of 1999-00 Mid-Year Budget Adjustments PREPARED BY: Genie Roberts, Director of Finance~" Tim McDermott, Assistant Finance Director RECOMMENDATION: entitled: That the Board of Directors adopt Resolution No. CSD 2000- RESOLUTION NO. CSD 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGETS DISCUSSION: Each year a mid-year review is conducted of the Temecula Community Services District (TCSD) operating budgets. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the TCSD maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. Additionally, TCSD staff has reviewed the operating budgets and has identified any material adjustments required. The mid-year budget review includes the TCSD City-wide Parks and Recreation Fund, five Service Level Funds, and the Debt Service Fund. Activity in each of the funds is presented in accordance with the following schedule,s: Summary of Revenues, Exoenditures, and Fund Balances: Presents a summary of prior year and 1999-00 year-to-date actual activity, as well as 1999-00 current and proposed budget amounts. Also included is a schedule of beginning and estimated ending fund balances based upon the proposed budget activity. Revenue Detail: Presents detail of prior year and 1999-00 year-to-date revenues, as well as the 1999-00 current and revised projected revenues. The projected total TCSD revenues reflect a $40,000 increase over the original budget estimate. This increase is comprised of several minor revenue adjustments, as detailed on the attached schedules. A total increase in TCSD expenditures of $112,000 is proposed. Following is a summary of all proposed expenditure adjustments: Parks and Recreation: A $10,000 increase for contract plan check and inspection services is requested due to higher than anticipated development activity. This cost is completely offset by revenue received from developers prior to services being rendered. A $20,000 increase is requested for instructors' salaries for contracted classes due to additional class offerings and high levels of community participation. This cost is completely offset by class registration fees paid by participants. Service Level "A": A $10,000 increase for contract plan check and inspection services for medians provided on developer projects is requested. This cost is completely offset by revenue received from developers prior to services being rendered Service Level "B": A $17,000 increase is requested to cover the cost of additional street lights that have been dedicated by developers. This cost is completely offset by advanced energy fees paid by developers. Service Level "C": A $10,000 increase for contract plan check and inspection services for slopes provided on developer projects is requested. This cost is completely offset by revenue received from developers prior to services being rendered. A $45,000 increase for utility costs is requested, as this year has been unusually dry, resulting in higher than anticipated water costs. Adequate fund balance is available to fund this increase. AUTHORIZED POSITIONS No changes are proposed to the Schedule of Authorized Positions. FISCAL IMPACT: Most of the requested expenditure adjustments are fully offset by additional revenue. The proposed mid-year adjustments will result in a $72,000 net reduction in TCSD fund balance, to a total fund balance of $1,919,460 at June 30, 2000. Adequate reserves are available to fund the identified adjustments, while still maintaining solid levels of reserves. Attachments: Resolution CSD 2000- 1999-00 Temecula Community Services District Mid-Year Budget RESOLUTION NO. CSD 2000-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGETS WHEREAS, each year a mid-year review is conducted of all Temecula Community Services (TCSD) operating budgets. WHEREAS, the purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the Temecula Community Services District (TCSD) maintains a prudent and healthy fiscal position. WHEREAS, the mid-year review has been completed and the recommended adjustments are reflected in the attached schedules. The Board of Directors does hereby resolve as follows: Section 1. That the Fiscal Year 1999-00 TCSD operating budgets are amended in accordance with the attached schedules. PASSED, APPROVED AND ADOPTED this 8t~ day of February, 2000. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC/AAE City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, Board Secretary for the Temecula Community Services District, DO HEREBY CERTIFY that the foregoing Resolution No. CSD 2000- was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof, held on the 8t~ day of February, 2000, by the following vote of the Board of Directors: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC/AAE City Clerk/Board Secretary TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 1999-00 MID-YEAR OPERATING BUDGET 99-00 99-00 99-00 Proposed % 98-99 YTD Current Proposed Increase Increase Actual @ 12/31/99 Budget Budget (Decrease) (Decrease) Total Revenues* 7,161,917 1,017,929 7,719,300 7,759,300 40,000 0.5% Total Expenditure~ by Fund: perks and Recreation* 3,123,403 1,789,932 3,882,601 3,912,601 Sen/ice Levd A 241,964 122,057 298,390 308,390 Service Level B 307,236 157,188 335,700 352,700 Service Level C 557,351 311,256 631,520 686,520 Service Level D 2,278,619 1,172,844 2,348,960 2,348,960 Service Level R 7,957 17,160 17,160 Debt Service 501,607 355,463 500,270 500,270 Total Expenditures 7,018,137 Excess of Revenues Over (Under) Expenditures 143,780 Operating Transfers Out*: CIP Fund 404,621 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year (260,~1) 2,596,3~ 2,3~,490 3,908,7~ (2,890,811 ) (2,890, 811 ) 8,014,601 (295,301) 18,735 (314,036) 1,901,460 8,126,601 (967,961) 18,735 (386,036) 2,305,490 1,919,460 10,000 17,000 55,000 112,000 (72,ooo) (72,90o) 0.8% 3.4% 5.1% 8.7% 1.4% * Operating transfer between Parks & Rec and Debt Service Fund is net reflected. Temecula Community Services District Summary of Fund Balances 1999-00 Mid-Year Operating Budget Fund Balances July 1, 1999 Fund 190 Parks and Rec Senior Center CRC Recreation Community Center Museum Operating Transfem Out Fund 190 Total 1,046,673 Service Level "A" 39,297 Sen/ice Level "B" 64,821 Sen/ice Level "C" 406,808 Sen/ice Level "D" 202,429 Service Level "R" 16,514 Debt Sen/ice 528,954 Total 2,305,496 t999-00 Estimated Revenues 3,654,570 467.490 4,122,060 307,530 352,700 604,840 2.324,410 12,160 500,270 8,223,970 t 999-00 Budgeted Expenditures (2,686,511) (109,950) (370,120) (427,990) (141,024) (177,006) (483,405) (4,396,006) (308,390) (352,700) (686,520) (2,348,960) (17,160) (500,270) (8,610,006) Estimated Fund Balances June 30, 2000 772,727 38,437 64,821 325, 128 177,879 11,514 528,954 1,919,460 2/2/00 FUND 1 ~0 TCSD FUND DEPT -180 NON-DEPARTMENTAL 4004 -Special Tax 4051 -Contributions 4058 -Miscellaneous 4060 -Miscellaneous Non Taxabk~ 4062 -Recovery of Prior Year Expense 4065 -investment Intera~ 4073 -TCSD Admin Fee CrsditrResr 4075 -Rental Income 4076 -Reimbursements 4077 -Lease Income 4076 -Reimbursements (CIP) 4090 -Operating Transfers In 4107 -Parcel Maps 4284 -Plan Check TOTAL DEPT 180 DEPT -183 RECREATION 4070 -Cash Over & Short 4975 -Aquatics 4980 -Classes/Activitlas 4982 -Contracted Classes 4984 -Day Camp 4986 -Excursions 4988 -Field Rentsis/Lights 4990 -Indoo~ Rentals 4992 -Special Events 4994 -Sports 4995 -Sponsorships 4997 -Museum 4998 -Skate Park TOTAL DEPT 183 190 TOTAL TCSD FUND 190 TCSD REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY98-99 FY99-00 FY99-00 ACTUALS YTD ~12/31/99 ORIG EST 2,319,205 2,205,240 5,000 374 253 680 377 43,727 12,621 30,000 746,790 645,0~0 1,290,000 49,111 20,100 2,000 6,000 6,000 7,037 4,596 3,510 20,000 3,174,301 671,980 3,638,570 87,392 16,202 93,808 60,350 3,009 24,6:23 47,860 14,607 71,160 39,710 458,721 3,633,022 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 2,205,240 42.07% 30,000 50.00% 1,290,000 20,100 12,000 6,000 50.00% 67,230 17.55% 30,000 10,000 33.33% 18.47% 3,654,570 16,000 0.44% (100) 54,518 80,000 68.15% 80,000 8,664 12,000 72.20% 12,000 43,207 71,000 60.85% 96,000 6,190 55,330 11.19% 55,330 1,050 5,450 19.27% 5,450 26,014 28,000 92.91% 38,000 33,863 43,000 78.75% 53,000 7,668 10,000 76.68% 10,000 42,928 70,000 61.33% 70,000 4,000 4,000 1,207 46,710 2.58% 3,710 19,575 55,000 35.59% 40,000 244,784 480,490 50.94% 467,490 916,764 4,119,060 22.26% 4,122,060 10,000 26.32% 10,000 (43,000) (15,000) -37.50% (13,000) 3,000 0.07% 00midyear-REV FUND 191 SERVICE LEVEL A DEPT 180NON-DEPARTMENTAL 4004 -Special Tax 4062 -Recover'/of Prior Year Expense 4065 -Investment Interest 4073 -TCSD Admin Fee CreditrRest" 4284 -Ran Check 4390 -Street Lighting Fees TOTAL SERVICE LEVEL A FUND 192 SERVICE LEVEL B DEPT 180NON-DEPARTMENTAL 4005 -Assessments 4062 -Recovery of Prior Year Expense 4065 -Investment Interest 4073 -TCSD Admin Fee Credit/"Rest" 4390 -Street Lighting Fees 4395 -Property Owner Election Costs TOTAL SERVICE LEVEL B TCSD REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY98-99 FY99-00 FY99-00 ACTUALS YTD ~12/31/99 ORIG EST 190,577 196,950 215 140 100 55,300 38,000 76,000 3,600 15.000 7,793 10,697 9,480 253,885 52,437 297,530 FY98-99 FY99-00 FY99-(X) ACTUALS YTD ~12/31/99 ORIG EST 293,951 321,900 1,561 337 1,000 3,410 25,553 15,000 11,200 400 100 1,600 324,875 15,437 335,700 · rrD % FY 99-(30 CHANGE % OF BDGT REVISED EST IN EST CHANGE 196,950 140.00% 100 50.00% 76,000 24.00% 25,000 10,000 40.00% 112.84% 9,480 17.62% 307,530 10.000 3.25% YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 321,900 33.70% 1,000 133.93% 28,200 17,000 60.28% 6.25% 1,600 4.60% 352,700 17,000 4.82% FUND 193 SERVICE LEVEL C DEPT 180 NON-DEPARTMENTAL 4005 -Assessments 4062 -Recovery of Prior Year Expense 4065 -Investment Intersst 4370 -Landscape Plan Check 4371 -Landscape inspection 4395 -Property Owner Election Costs TOTAL SERVICE LEVEL C FY 98-99 FY ~ FY 99-00 ACTUALS YTD @12/31/99 ORIG EST 557,382 100 559,840 21 15,522 7,607 14,000 9,290 1,890 25,000 7,200 20.000 100 1,000 607,215 16,897 594,840 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 0.02% 559,840 54.34% 14,000 10,000 10,000 100.00% 36.00% 20,000 10.00% 1,000 2.84% 604,840 10,000 1.65% FUND 194 SERVICE LEVEL D DEPT 180NON-DEPARTMENTAL 4005 -Assessments 4060 -Miscellaneous 4065 -Investment Intersst 4073 -TCSD Admin Fee Credit/Rest 4730 -AB 939 TOTAL SERVICE LEVEL D FY98-99 FY99-00 FY99-00 ACTUALS YTD ~12/31/99 ORIG EST 2,231,153 2,310,410 18,582 7,003 14,000 44,520 YTD% FY99-00 OF BDGT REVISED EST 2,310,410 50.02% 14,000 2,294,255 7,003 2,324,410 0.30% 2,324,410 CHANGE % IN EST CHANGE FUND 195 SERVICE LEVEL R DEPT 180 NON-DEPARTMENTAL 4005 -Assessments 4065 -Investment Interest 4073 -TCSD Admin Fee Credit/Rest TOTAL SERVICE LEVEL R FY 98-99 FY 99-00 FY 99-00 ACTUALS YTD ~12/31/99 ORIG EST YTD % FY99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 12,539 11,660 11.660 579 425 500 85.00% 500 13,118 425 12,160 3.50% 12,160 OOmh~year-REV FUND 390 DEBT SERVICE DEPT 199 NON-DEPARTMENTAL 4062 -Recovery of Pdor Year Expense 4065 -Investment Interest 4090 -Operating Transfer In TOTAL DEBT SERVICE FUND TCSD REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FY98-99 FY99-00 FY99-00 ACTUALS YTD @12/31/99 ORIG EST B1,445 ~1,168 500,~0 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 25.19% 35,600 71.50% 464,670 68.20% 500,270 00midyear-REV REDEVELOPMENT AGENCY ITEM 1 CITY OF TEMECULA MEMORANDUM TO,' FROM: DATE: SUBJECT: Board of Directors Temecula Redevelopment Agency Genie Roberts, Director of Financ~ February 7, 2000 Temecula Redevelopment Agency Agenda Item No. I Attached for your information is a revised attachment to Temecula Redevelopment Agency Agenda Item No. 1 "Approval of 1999-00 Mid-Year Budget Adjustments". This revision corrects an error in only the "% change" for the proposed RDA revenues, This correction is only for the percentage change, and does not impact the dollar amounts. This revised schedule should be inserted as the last page of attachments to this item in your agenda book. I apologize for any inconvenience this error may have caused. Attachment AMENDED MATERIAL REDEVELOPMENT AGENCY ITEM NO. I REDEVELOPMENT AGENCY REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FUND 165 LOW/MOD HOUSING 4015 -Tax Increment 4060 -Miscellaneous 4062 -Recovery of Prior Year Expense 4065 -Investment Interest 4066 -Loan Interest 4072 -Sale of Property 4075 -Rental Income 4076 -Reimbursements 4077 -Forgivable Loan Repayment TOTAL LOW/MOD HOUSING FUND FY 98-99 FY 99-00 FY 99.00 ACTUALS YTD @12/31/99 ORIG EST 1,139,902 5,564 8,250 29 164,139 110,285 585 1,501 5,037 1,679, 117 12,375 29,950 4,946 20,000 1,159,000 110,000 YTD % FY 99.00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 100.26% 3,029,269 152,411 1,269,000 12.01% 1,308,600 149,600 12.91% 8,200 8,200 180,000 70,000 63.64% 1.500 1,500 15,000 15,000 20,000 1,513,300 244,300 19.25% FUND 280 4060 -Miscellaneous 4062 -Recovery of Prior Year Expense 4065 -investment Interest 4066 -Loan Interest 4072 -Sale of Property 4075 -Rental Income 4090 -Operating Transfers In TOTAL CIP FUND FY 98-99 FY 99.00 FY 99-00 ACTUALS YTD @12/31/99 ORIG EST 603 1 196,664 14,094 97,000 24,010 7.179 16,100 46,898 123,006 55,371 625,000 1,105,400 1,016,182 76,644 1,218,500 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 14.53% 61,000 (36,000) -37.11% 44.59% 16,100 60,000 60,000 1,105,400 6.29% 1,242,500 24,000 1.97% FUND 380 DEBT SERVICE 4015 -Tax Increment 4065 -Investment Interest 4092 -Deferred Passthrough 4093 -Advances from Other Funds TOTALDEBTSERVICEFUND FY98-99 Fy99.00 FY99.00 ACTUALS YTD@12/31~9 ORIG EST 4,559,604 4,636,000 244,935 83,540 170,000 707,436 896,820 75,749 37,875 75,750 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 5,234,400 598.400 12.91% 49,14% 170,000 1,053,800 156,980 17.50% 50.00% 75,750 5,587,724 121,415 5,778,570 2.10% 6,533,950 755,380 13.07% 00midyear-REV TO: FROM: DATE: SUBJECT: APPROVAL ~~ CITY ATTORNEY --~ DIR. OF FINANCE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn Nelson, Executive Director February 8, 2000 Review and Approval of the 1999-00 Mid-Year Budget Adjustments PREPARED BY: Genie Roberts, Director of Finance Tim McDermott, Assistant Finance DirectorT~' RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 2000- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGET DISCUSSION: Each year a mid-year review is conducted of the Temecula Redevelopment Agency (RDA) operating budget. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the Agency maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. Additionally, Agency and City staff has reviewed the operating budgets and has identified any material adjustments required. The mid-year budget review includes the Low/Moderate Income Housing Fund, the Capital Projects/Redevelopment Fund, and the Debt Service Fund. Activity in each fund is presented in accordance with the following schedules: Summary of Revenues, Expenditures. and Fund Balances: Presents a summary of prior year and 1999-00 year-to-date actual activity, as well as the 1999-00 current and proposed budget amounts. Also included is a schedule of beginning and estimated ending fund balances based upon the proposed budget activity. Revenue Detail: Presents detail of prior year and 1999-00 year-to-date revenues, as well as the 1999-00 current and revised projected revenues. The attached schedules provide complete detail of the proposed revenue adjustments. The projected RDA revenues reflect a $866,700 net increase over the original budget estimate. A $748,000 increase in gross property tax increment is projected, due to assessed valuation growth in the project area. The increase in tax increment revenue will be partially offset by an increase in the amount paid out under passthrough agreements. The net impact to the Agency will be a $149,600 increase in tax increment to the low and moderate income housing set aside, and a $301,380 increase in net increment available to the Redevelopment Fund. A net increase in Agency expenditures of $397,480 is proposed. The proposed expenditure adjustments are as follows: Low/Moderate Income Housing Fund: No adjustments proposed. Caoital Proiects/Redevelooment Fund: No adjustments proposed. Debt Service Fund: A $454,000 increase is projected in the amounts due to local governmental agencies under pass-through agreements. This increase is a result of the corresponding increase in gross property tax increment revenue to be received by the Agency as discussed above. A $56,520 decrease is projected in interest expense, due to a recalculation of interest expense accrued on the deferred passthrough to Riverside County. AUTHORIZED POSITIONS No changes are proposed to the Schedule of Authorized Positions. FISCAL IMPACT: The total proposed mid-year adjustments as reflected in the attached schedules will result in a $244,300 increase in available resources to the Low/Moderate Income Housing Fund, and an increase of $381,900 to the Redevelopment Fund. Attachments: Resolution No. RDA 2000-_ 1999-00 Temecula Redevelopment Agency Mid-Year Budget RESOLUTION NO. RDA 2000- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY AMENDING THE FISCAL YEAR 1999-00 ANNUAL OPERATING BUDGET WHEREAS, each year a mid-year review is conducted of the Temecula Redevelopment Agency (RDA) operating budget. WHEREAS, the purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the RDA maintains a prudent and healthy fisc~al position. WHEREAS, the mid-year review has been completed and the recommended adjustments are reflected in the attached schedules. The Board of Directors does hereby resolve as follows: Section 1. That the Fiscal Year 1999-00 RDA operating budget is amended in accordance with the attached schedules. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Redevelopment Agency this 8th day of February, 2000. ATTEST: Ron Roberts, Chairperson Susan W. Jones, CMC/AAE City Clerk/Agency Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, CMC/AAE, Secretary of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. RDA 2000-__ was duly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 8th day of February, 2000, by the following vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Susan W. Jones, CMC/AAE City Clerk/Agency Secretary TEMECULA REDEVELOPMENT AGENCY SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 1999-00 MID-YEAR OPERATING BUDGET 99-00 99-00 99-00 Proposed % 98-99 YTD Current Proposed Increase Increase Actual @ 12/31/99 Budget Budget (Decrease) (Decrease) Total Revenues* 8,224,990 312,595 6, 188,100 7,054,800 866,700 14.0% Total Non-CIP Expenditures by Fund*: Low/Moderate Income Housing 600,263 220,426 863,270 Redevelopment 856,201 119.194 950,200 Debt Service 4,891,673 422,457 5,111,820 Total Expenditures Excess of Revenues Over (Under) Expenditures Other Financing Sources: Deferred Passthrough/interest Advances from Other Funds Excess of Revenues and Other Financing Sources Over (Under) Expenditures 863,270 950,200 5,509,300 6,348,137 762,077 6,925,290 7,322,770 397,480 397,480 1,876,853 (449,482) (737,190) (267,970) 469,220 707,436 896,820 1,053,800 75,749 37,875 75,750 75,750 156,980 2,660,038 (411,607) 235,380 861,580 626,200 7.8% 5.7% * Operating ~ransfer between Debt Service and Redevelopment funds is not reflected REDEVELOPMENT AGENCY REVENUE DETAIL FY 1999-00 MIDYEAR BUDGET FUND 165 LOW/MOD HOUSING 4015 -Tax Increment 4060 -Miscellaneous 4062 -Recovery of Prier Year Expense 4065 -Inves~rrm~t Interest 4066 -Loan Interest 4072 *Sale of Property 4075 -Rental Income 4076 -Reimbursements 4077 -Forgivable Loan Repayment TOTAL LOW/MOD HOUSING FUND FY98-99 FY99-(X} FY99-00 ACTUALS YTD ~12/31/99 ORIG EST 1,139,902 1,159,0G0 5,564 6,250 29 164,139 110,285 110,000 585 1,501 5,037 1,679,117 12,375 4,946 20,000 3,029,269 152,411 1,269,000 YTD % FY 99-00 CHANGE OF BDGT REVISED EST IN EST CHANGE 1,308,600 149,600 11.43% 8,2Q0 8,200 100.00% 100.26% 180,000 70,000 38.89% 1,500 1 ,.5~3 100.00% 15,000 15,000 100.00% 12.01% 1,513,300 244,300 16.14% FUND 280 CIP 4060 -Miscellaneous 4062 -Recovery of Prior Year E~penoa 4065 -Investment Intereot 4066 -Loan Interest 4072 -Sale of Pmpady 4075 -Rental Income 4090 -Operating Transfers in TOTAL CIP FUND FY98-99 FY99-00 FY99-00 ACTUALS Y'I'D ~12/31/99 ORIG EST 603 1 196,664 24,010 46,898 123,006 625,000 1,016,182 YTD % FY 99-00 CHANGE % OF BDGT REVISED EBT IN EST CHANGE 14,094 97,0~0 14.53% 61,000 (36,000) -59.02% 7,179 16,1Q0 44.59% 16,100 55,371 60,OQO 60,000 100.00% 1,105,400 1,105,400 76,644 1,218,500 6.29% 1,242,500 24,00Q 1.93% FUND 380 DEBT SERVICE 4015 *Tax Increment 4065 -Investment Interest 4092 -Deferred Passthrough 4093 -Advances from Other Funds TOTAL DEBT SERVICE FUND FY 98-99 FY 99-00 FY 99-00 ACTUALS YTD ~12/31/99 ORIG EST 4,559,604 244,935 707,436 75,749 5,587,724 4,636,0(X) 83,540 170,0oo 896,820 37,875 75,750 121,415 5,778,570 YTD % FY 99-00 CHANGE % OF BDGT REVISED EST IN EST CHANGE 5,234,400 598,400 11.43% 49.14% 170,000 1,053,800 156,980 14.90% 50.00% 75,750 2.10% 6,533,950 755,380 11.56% 00midyea~REV ITEM 2 1 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council AP~ROVA' CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER VVilliam G. Hughes, Director of Public Works/City Engineer February 8, 2000 GST Fiber Optics, Purchase of City Designated Conduits RECOMMENDATION: That the City Council approve an agreement with GST Telecom in the amount of $120,000 to purchase two (2) one quarter inch conduits for City use within GST Telecom fiber optic's trench. BACKGROUND: GST Telecom Califomia Inc., (GST) has been meeting with the Public Works Department over the past year regarding installation of telecommunication facilities in the City. GST is planning to install eighteen conduits through the City to provide a new telecommunication transmission system. The Public Works Department requested that GST provide the City two conduits designated to City use to avoid the need to trench separate conduits for City traffic signal interconnects and City intersection camera monitoring systems. GST has agreed to install our conduits for an amount which will not exceed $120,000.00. In addition to avoiding traffic disruptions, the City's cost of this installation will be approximately ¼ of the cost of trenching separately. The mute is along Jefferson Avenue to Winchester Road, Winchester Road to Ynez Road, Ynez Road to La Paz Road, La Paz Road to State Highway 79 South, State Highway 79 South to Pala Road, and Pala Road to Rainbow Canyon Road. Our City conduits will end at Rainbow Canyon Road and Pala Road. FISCAL IMPACT: An appropriation of $120,000.00 in Capital Project Reserves has been requested as part of the Mid-Year Budget adjustments earlier in this agenda. ATTACHMENTS: GST Agreement 1 R:~agdrpt',20OO~208~iberoptics AGREEMENT TO PURCHASE FIBRE OPTIC CONDUIT This Agreement to Purchase Fibre Optic Conduit ("Agreement") is made and entered into as of February 8, 2000, by and between the City of Temecula, a municipal corporation ("City"), and GST Telecom California, Inc., a Delaware Corporation ("GST"). In consideration of the premises and the mutual agreements and covenants contained herein, and other valuable consideration, the parties hereto agree as follows: for the 1. RECITALS. This Agreement is made with respect to the following facts and following purposes which each party hereto acknowledges and agrees are true and correct: a. GST is establishing a fibre optic network and is installing fibre optic conduit within the City as part of that network. b. City desires to purchase and use a portion of the fibre optic conduits and structures being installed by GST for its own purposes. c. GST desires to sell to the City and City desires to purchase the fibre optic conduit, structures, access facilities, and other related facilities which are specifically described on Exhibit A, Descdption of Fibre Optic Conduit, attached hereto and incorporated herein as though set forth in full (hereafter "Fibre Optic Conduit"). d. The City has determined that it is in the public interest, convenience and welfare and for the common benefits of the inhabitants of the City, that the City acquire the Fibre Optic Conduit. 2. PURCHASE FIBRE OPTIC CONDUIT. For valuable consideration described in this Agreement, GST agrees to sell to City and City agrees to purchase from GST, the Fibre Optic Conduit described in Exhibit A. The purchase price for the Fibre Optic Conduit shall be One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). City hereby determines and represents to GST that the purchase of the Fibre Optic Conduit is not a "public work" and does not require the payment of prevailing wages. In the event that the Director of the California Department of Industrial Relations determines that the Fibre Optic Conduit being purchased by the City requires the payment of prevailing wages, the City agrees to pay GST the incremental difference between the Purchase Price and the pdce of constructing the Fibre Optic Conduit at prevailing wage, if applicable, and to indemnify GST for any penalties arising out of or related to this contract in relation to the City's representation. 3. CONVEYANCE OF TITLE. GST agrees to convey or cause to be conveyed title to the Fibre Optic Conduit by bill of sale, approved as to form by both parties, to the City free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes, subject only to those exceptions approved in writing by City pursuant to this Agreement. City shall pay the Purchase Price and accept the Bill of Sale conveying title for the Fibre Optic Conduit not less than forty days nor more than fifty days following GST's recording of a notice of completion for the construction of the Fibre Optic Conduit and City's acceptance of the Fibre Optic Conduit, which ever occurs later. Upon the conveyance of title to the Fibre Optic Conduit, City shall maintain the Fibre Optic Conduit. 1 R:'agrmts~master~miscagrrnts\GST fibre agrmt 4. INDEMNIFICATION. The GST shall defend, indemnify, assume all responsibility for and hold the City, and its elected and appointed officers and employees, agents and volunteers, harmless from all costs (including attorneys fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the GST's acts or omissions with respect to the Fibre Optic Conduit, or which arise from or are related to the Fibre Optic Conduit, whether such acts or omissions or occurrences be by the GST or anyone directly or indirectly employed or contracted with by the GST and whether such damage shall accrue or be discovered before or after the conveyance of title. Contractor agrees to pass through to the City any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Fibre Optic Conduit, or that of its subcontractor. 5. REPRESENTATIONS AND WARRANTIES OF GST. GST hereby represents and warrants to City that the following statements are true and correct as of the date of this Agreement, and will be true and correct as of the conveyance of title, and the truth and accuracy of such statements shall constitute a condition precedent to all of City's obligations under this Agreement: a. GST is duly organized, validly existing and in good standing under the laws of the state of its formation. GST has full legal power and authority to own and to convey the Fibre Optic Conduit to City and to enter into and perform its obligations under this Agreement. b. This Agreement and all other instruments and documents delivered by GST or its members to City now or at the conveyance of title have been or will be duly authorized, executed and delivered by GST or its members and are or will be the legal, valid and binding obligations of GST, sufficient to convey to City good, absolute and marketable title to the Fibre Optic Conduit and are enforceable in accordance with their respective terms. c. GST has no knowledge of any pending, threatened or potential investigation, proceeding or action (including legislative action) or communications with governmental authorities relating to the failure of GST to comply with any and all statutes, laws, ordinances, regulations, rules and orders of governmental authorities having or claiming jurisdiction relating to the ownership, operation and use of the Facilities and Easements including, but not limited to, compliance with all zoning, health, safety, building and fire regulations and the obtaining and compliance with any and all necessary permits, licenses and certificates of authority. d. GST has no obligations to any finder or broker in connection with the sale of the Fibre Optic Conduit. e. GST is not aware of any Hazardous Materials (as defined in Paragraph 10) that have been used, present, released, stored, manufactured, generated or disposed of on, under or about, or transported to or from the Fibre Optic Conduit. f. All of the documents, information and records provided by GST to City in accordance with this Agreement shall contain true and accurate information and do not omit any matedal fact. 2 R:~agrmts'~master~miscagrmts\GST fibre agrmt g. As of the time of the conveyance of title to the Fibre Optic Conduit, GST shall have paid and settled all outstanding debts, claims and other obligations owed by GST in connection with the ownership of the Fibre Optic Conduit, its construction, ("Debts"). City is not assuming any Debts. GST will indemnifiJ and defend City from all actions relating to collection of Debts. h. By entedng into this Agreement and completing the transfer of the Fibre Optic Conduit, GST will not be in breach of or violate the terms of any agreements to which the GST may be a party or successor in interest. i. The Fibre Optic Conduit will be constructed in accordance with all applicable laws and regulations. 6. SURVIVAL. The representations and warranties of GST made in this Agreement shall survive the conveyance of title. 7. ATTORNEY'S FEES. In the event of any litigation between the City and GST, concerning this transaction or interpreting or enforcing the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees. 8. ASSIGNMENT. City may assign its dghts under this Agreement or may designate a nominee to acquire title to the Fibre Optic Conduit, provided, however, that any such assignment or designation shall not relieve City of any of its obligations under this Agreement. GST shall not assign or transfer its rights or obligations under this Agreement to any person, provided however, GST may assign or transfer its rights or obligations under this Agreement to a corporate subsidiary or parent. 9. CALIFORNIA LAW. The Agreement shall be construed and governed in accordance with the laws of the State of California, without regard to any governing principles of conflicts of law. 10. SECTION HEADINGS. The section headings contained in this Agreement are for convenience of reference only, shall not affect the meaning or interpretation of this Agreement, and shall not be considered in construing this Agreement. 11. AMENDMENTS AND WAIVERS. No term or provision of this Agreement may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authodzed officer or representative of the party against which enforcement of such amendment, alteration, modification or waiver is sought. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the wdtten instrument effecting the same. Any waiver shall be effective only in the specific instance and for the purpose for which given. 12. NOTICES. All notices called for herein shall be in writing and shall be delivered to GST and City at the addresses set forth in this Paragraph. Notices shall be deemed delivered two (2) business days after first-class mailing, or upon receipt by personal service at the office of the party, delivery by a reputable overnight couder service (such as, but not limited to, Federal Express) to the office of the party. or by legible and complete facsimile transmission actually received by the party in complete and legible form. The following addresses are to which notices shall be sent pursuant to this Paragraph, provided that either party may change its address by proper notice to the other: 3 R:'egrmts~master~miscagrmts\GST fibre agrmt GST Representative: Joe Ferrill Director. OSP Engineering and Construction GST Telecom California, Inc. 4002 Main Street Vancouver, WA. 98663 CITY Representative: William G. Hughes Director of Public Works/City Engineer 43200 Business Park Ddve Post Office Box 9033 Temecula, Ca. 92589-9033 Attention: City Manager 13. MISCELLANEOUS PROVISIONS. a. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof, counsel. Both Parties have participated in the drafting of this Agreement through their IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. GST TELECOM CALIFORNIA, INC., a Delaware Corporation By Name Title By Name Title CITY OF TEMECULA, a Municipal Corporation: Jeffrey E. Stone, Mayor 4 R:~agrmtsVnasterVniscagrmts\GST fibre agrmt ATTEST: Susan W. Jones, CMC/AAE, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 5 R:~agrrnts~rnaster'fniscagrmts\GST fibre agrmt EXHIBIT A DESCRIPTION OF FIBRE OPTIC CONDUIT The Fibre Optic Conduit shall consist of approximately 37, 149 linear feet of 11/4 inch HDPE conduit, as well as twenty five (25) Cal Trans No. 6 hand holes, to be placed in conjunction with GST's telecommunication facilities construction project. City access points will be co-located with GST's manhole in one pit excavation area. The location of the Fibre Optic Conduit is shown on the map of GST facilities approved by the Director of Public Works and on file in the Office of the Director of Public Works. 6 R:~agrmts~master~niscagrmts\GST fibre agrmt ITEM 22 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER rkJ~/~William G. Hughes, Director of Public Works/City Engineer February 8, 2000 Ordinance 2000- Prima Facie Speed Limit on Business Park Drive PREPARED BY: All Moghadam, Senior Engineer - Traffic RECOMMENDATION: entitled: That the City Council introduce and read by title only an ordinance ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON BUSINESS PARK DRIVE BACKGROUND: Section 40803 of the California Vehicle Code (CVC) states that in order to enforce posted speed limits using radar, an engineering and traffic survey must be conducted to establish a prima facie speed limit which is found most appropriate to facilitate a safe and orderly movement of traffic. An engineering and traffic survey as described in the CVC, is a survey of the prevailing speeds, accident records and readway conditions not readily apparent to the drivers. Staff has conducted an engineering and traffic survey to establish the appropriate speed limit on Business Park Drive. At their meeting of January 13, 2000, the Public/Traffic Safety Commission reviewed the proposed speed limit on Business Park Ddve, and unanimously recommended that the City Council amend Section 10.28.010(d) of the Temecula Municipal Code to establish a speed limit as shown on Exhibit FISCAL IMPACT: Adequate funds are available in Public Works Signs Account No. 001- 164-602-5244 and Striping/Stenciling Account No. 001-164-602-5410. ATTACHMENTS: 1. Ordinance 2000- 2. Exhibit "A" - Affected Roadway Segment 3. Exhibit "B" - Location Map 4. Exhibit "C" - Public/Traffic Safety Commission Agenda Report - January 13, 2000 1 r:'agdrpt~2000~208~uspark spdiimit.ord ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION '10.28.0'10(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON BUSINESS PARK DRIVE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing pdma facie speed limits within the City for certain streets, or parts of streets. WHEREAS, the City conducts engineering and traffic surveys on its roadways in order to determine the appropriate speed limit; WHEREAS, the engineedng and traffic surveys on the segment of roadway designated in this Ordinance indicate that the following speed limit be established given the engineering and traffic studies. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared pdma facie speed limits only on the following street: "Name of Street and Portion Affected Declared Prima Facie Speed Limit, Miles Per Hour Business Park Ddve 35 Except as specifically set forth in this Section 1, all other provisions of Section 10.28.010(d) shall remain in full force and effect. SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this 22"d day of February, 2000. 3 Jeffrey E. Stone, Mayor r:~agdrpt~2000~0208~uspark spdlirnit.ord ATTEST: Susan W. Jones, CMC/AAE, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2000- was dully introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of February, 2000 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22"d day of February, 2000, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC/AAE, City Clerk 4 r:~agdrpt~OO0~0208~buspark spdlimit.ord EXHIBIT "A" "Name of Street and Portion Affected Business Park Drive Declared Prima Facie Speed Limit, Miles Per Hour * First Time Speed Survey 2 r:~agdrpt~2000~0208~buspark spdlimit,ord EXHIBIT "B" - LOCATION MAP BF. ST TEMEC/tJ~A -. ~ ~=¢ ~RANCHO ..*' .. EXHIBIT "C" AGENDA REPORT FROM: Public/Traffic Safety Commission ~Ali Moghadam, P.E., Senior Engineer, Traffic DATE: January 13, 2000 SUBJECT: Item 5 Speed Limit - Business Park Drive RECOMMENDATION: That the Public/Traffic Safety Commission recommend that the City Council adopt an ordinance establishing a 35 MPH speed limit on Business Park Drive. BACKGROUND: A request was received from the Temecula Police Department to install speed limit signs along Bunln~ss Park Drive to assist them in their speed enforcement efforts. The public has been notified of the Public/Traffic Safety Commission's consideration of this matter through the agenda notification process. Business Park Drive is classified as a 56 foot wide Principal Collector Highway on the City's Circulation Element. Currently, there is one travel lane in each direction and a center two-way left turn lane. Business Park Drive does not qualify as a "Business District" as defined in the California Vehicle Code since the majori.ty of buildings fronling and/or dimcdy accessing the roadway are located a dislance greater lhan 75 feet from the roadway. Therefore, a prima thcie speed limit of 25 mph could not be justified on Business Park Drive. In November of 1999, an Engineering and Traffic Survey was performed on Business Park Drive that included a survey of vehicle speeds, a review of the accident history and roadway conditions not readily apparent to drivers. The table below summarizes the engineering and lxaffic survey data shown on Exhibit "B" . Roadway Segment Business Park Drive No. of 85a' Percentile Posted Recomanended Accidents Speed MPH Speed I Speed Limit MPIt MPIt I 38 None I 35 Based on the results of the Engineering and Traffic Survey, Staff recommends establishing a 35 MPH speed limit along Business Park Drive by installing appropriate signs. FISCAL IMPACT: Funds are available in the Public Works sign account. Attachment: l. Exhibit "A" - Location Map 2. Exhibit ~B' - Speed and Accident Data EXHIBIT "A" Location Map 8E$T TEMECULA - C,' RANCHO ..."":-.. CALIFOI~iI,~ ~ '. C, ld,,rF~,~l!A T'~R EXHIBIT "B" Speed and Accident Data SPEEDPLOT 2 Spon Speed Anaiysls Ver. 2.00A/McTFJ~jS Buslness Park Drive: Eanchc Way & Single Oak Drive DIRECTION(S) ....... EaSE/WeSE DATE ............... 11/19/1999 TIME ............... POSTED SPEED LIMIT.65 >!PH CUM MPH NO. PCT. PCT. 0 0 0.0 0.0 1 0 0.0 3.0 2 0 0,0 D.0 3 0 0.0 0.0 4 0 0.0 0.0 5 0 0.0 0.0 6 0 0.0 0.0 7 0 0.0 0.0 8 0 0.0 00 9 0 0.0 00 10 0 0.0 0 0 !1 0 0.0 O 0 12 0 0 0 0 0 13 0 00 00 14 0 00 00 15 0 00 00 16 0 00 00 17 0 00 00 18 0 00 00 19 0 00 00 20 0 00 00 21 0 0.0 0.0 22 0 0.0 0.0 23 2 2.0 2.0 24 0 0.0 2.0 25 2 2.0 4.0 26 0 0.0 4.0 27 6 5.9 9.9 28 0 0.0 9.9 29 4 4.0 13.9 30 6 5.9 19.8 31 6 5.9 25.7 32 4 4.0 29.7 33 6 5.9 35.6 34 19 18.8 54.5 35 8 7.9 52.4 36 !0 9.9 72.3 37 8 7.9 80.2 38 6 $.9 ~6.1 39 0 0.0 86 1 40 6 5.9 92 1 41 2 2 0 94 1 42 0 0 0 94 1 43 2 2 0 96 0 44 2 2 0 98 0 45 2 2 0 !00 0 46 0 0 0 100 0 ~46 0 0 0 !O0 0 100 90 80 70 60 50 40 30 20 10 ~0TH PERCENTILE SPEED ................. 6STH PERCENTILE SPEED ................. lD MPH PACE SPEED .......... 29 through PERCENT iN PACE SPEED .............. 76. FERCENT CVER PACE SPEED ............ !3, FERCENT UNDER PACE SPEEE ........... .~GE OF SPEEDS ................. 23 to VEHICLES OBSERVED .................... 1C AVERAGE SPEED ....................... 34- CUMULATIVE PERCENT VS. SPEEE MPH) 0 !0 20 30 40 PERCENT VS. SPEED (MPH) + .... , ......... + .... ~ .... + .... , ......... , .... + 15 10 || 0 1O 20 30 40 ITEM 23 APPROVAL ~ DIREGTOR OF FINAN E, ~ GITY MANAGER ~)~/' ' '-- CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: February 8, 2000 Wolf Creek Development Agreement Council Ad Hoc-Committee Appointment Prepared By: Debbie Ubnoske, Planning Manager RECOMMENDATION: Appoint a Ad Hoc-committee of the City Council to review the deal points associated with the Wolf Creek Specific Plan Development Agreement. BACKGROUND: The Wolf Creek Specific Plan (formally the Murdy Ranch Specific Plan) has been in house since the City incorporated. The Plan has gone through numerous changes and ownership and is now at a point where staff and the applicant are ready to move forward through the development review process and on to public headng. Staff has recently received a list of "deal points" associated with a Development Agreement that the applicant is wishing to take forward to vest the development. Staff has had one meeting on this Development Agreement and feels that at this point it would be wise to include the Council via a sub- committee in this process. FISCAL IMPACT: None ATTACHMENT: R:%debbie.wolf creek ccstaffrpt,doc 1