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Home My WebLink About032393 CC Agenda~ AGENDA T.r scuLA C,T COU.C,." ' A REGULAR MEETING · TEMECULA COMMUNITY CENTER - 28816 PUJOL STREET MARCH 23, 1993 - 7:00 PM At approximately 9:45. PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may .continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM Next in Order: Ordinance: No. 93-08 Resolution:' No. 93-24 CALL TO ORDER: Mayor J. Sal Mu~oz presiding Invocation Pastor George Simmons, Temecula Valley House of Praise Flag Salute Councilmember Stone ROLL CALL: Birdsall, Parks, Roberts, Stone, Mu~oz PRESENTATIONS/ PROCLAMATIONS Day of the Young Child Proclamation PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, pleas~ come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. Agenda/032393 03/17/93 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. CONSENT CALENDAR Standard Ordinance Adootion Procedure- RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 6, 1993; 2.2 Approve the minutes of March 9, 1993. 3 Resolution ADorOvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTIO'N NO. 93- · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Statement of Investment Policy RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by Staff which provides safety, liquidity and yield for City funds. Agenda/032393 -2- 03/17/93 5 Risk Manaaement Claims Settlement RECOMMENDATION: 5.1 Grant the City Manager the authority to reject claims made against the City and be provided with settlement authority up to $1,000. Addendum to Emerqencv Fundine Aareement with Riverside County Rood Control and Water Conservation' District .. (Continued from the meeting of March 9, 1993) RECOMMENDATION: 6.1 Approve Addendum N0. I to the Emergency Funding Agreement ("AGREEMENT") with the Riverside County Flood Control and Water Conservation District ("DISTRICT") to limit the maximum amount payable to the DISTRICT's Contractor to $600,000; 6.2 Require the Contractor to provide Faithful Performance Bonds; 6.3 Authorize the Mayor and the City Clerk to execute Addendum No.. 1 to the AGREEMENT; 6.4 Appropriate an additional $300,000 to Acct. No. 001-166-999-5420 from. General Fund Unreserved Fund Balance. 7 Substitution of Storm Drain Improvements Bonds in Tract 23267-2 RECOMMENDATION: 7.1 'Accept Surety Bond for the improvement of Storm Drain Systems in Tract No. 23267-2 as substitute fo~ 'bond on file in the Office of the City Clerk; 7.2 Direct the City Clerk to release the original bond. Status Report on Reaional Air Quality Pro<3ram Imolementation RECOMMENDATION: 8.1 Receive and file report. Agenda/032393 -3- 03117/93 9 11 12 10 Comoletion and Acceotance of Traffic Signal Modification at Winchester Road and Jefferson Avenue, Project No. PW 92-11 -'. -. ~ RECOMMENDATION: 9.1 Accept the Traffic Signal Modification at Winchester Road and Jefferson Avenue, Project No. PW 92-11, as complete and direct the City Clerk to file the Notice of Completion; Award of Contract for the Traffic Siqnal Installation at Winchester Road (HWY 79N) and MarQarita Road (Project No." PW 92-08) ~ RECOMMENDATION: 10.1 Award a contract for the Traffic Signal Installation at Winchester Road and Margarita ROad, Project No. PW 92-08, to Lekos Electric, Inc. for $101,999.99, and authorize the Mayor to execute the contract upon receiving Caltrans approval; 10.2 Authorize the City Manager to approve change order not to exceed the contingency amount of $10,200.00, which is equal to 10% of the contract amount, for a total of $112,199.99. Award of Contract for the Traffic Siqnal Installation at Mar~jarita Road and La Serena Way (Project No. PW 92-06) RECOMMENDATION: 11.1 Award a contract for the Traffic Signal Installation at Margarita Road and La Serena Way, Project No. PW 92-06, to Signal Maintenance, Inc. for $118,398.65, and authorize the Mayor to execute the contract upon receiving Caltrans approval; .11.2 Authorize tl~e City Manager to approve change order not to exceed the contingency amount of $11,839.8.7 which is equal to 10% of the contract amount, for a total of $130,238.52. Reconfirmation of Local Emergency RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY Agenda/O32393 -4- 03117/93 13 14 15 Award of Professional Services Contracts for Proiect Coordinator. Land SurvevinQ and Soils Testing for PW 92-05, Ynez Road WideninQ: ~CFD 88-12): RECOMMENDATION: 13.1 Award Professional Services Contracts for the construction of the Ynez Road .Widening Project, PW 92-05 which is within CFD 88-12, and authorize the Mayor and City Clerk to execute the 'following contracts: J.F; Davidson Associates, Inc..for land sUrVeying in the amount of 954, 187; Law/Crandall, Inc. for soils testing and observation in the amount of 931,400. NBS/Lowry as Project Coordinator in the amount of 9130,320. Local Aaencv/State Aareement for Federal-Aid Projects RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FEDERAL FUNDING PROVISIONS Proeram SuDolement No. 002 to the Local Agency/State Agreement for Federal-Aid Proiects for the Traffic Sienal at Winchester Road (HWY. 79N) and MarQarita Road (PW 92-08) .RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 002 TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR THE TRAFFIC SIGNAL INSTALLATION AT WINCHESTER ROAD {HWY 79N) AND MARGARITA ROAD Agenda/032393 -5- 031~ 7/93 16 17 Program SuDolement Aclreement No. 003 to the Local Aqencv/State Ac~reement for Federal-Aid Proiects for the Traffic Siqnal at Mamarita Road and- La'-Serena Way (PW 92-06) RECOMMENDATION: 16.! Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 003 TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR THE TRAFFIC SIGNAL INSTALLATION AT MARGARITA ROAD AND LA SERENA WAY .. Disaster Recovery Budqet Aoorooriation RECOMMENDATION: 17.1 17.2 Appropriate an additional $15,000 in account 001-166-999-5288, Police Services from General Fund Unreserved Fund Balance; Appropriate an additional $62,100 in account 001-166-999-5251, Fire Services from General Fund Unreserved Fund Balance; 17.3 17.4 17.5 Appropriate an additional $75,000 in account 001-166-999-5401, Drainage Facility Maintenance from General Fund Unreserved Fund Balance; · Appropriate 'an additional $85,000 in account 001-166-999-5402, Street Maintenance from General Fund Unreserved Fund Balance; Appropriate an additional $5,000 in account 001-166-999-5100, Salaries and Wages from General Fund Unreserved Fund Balance. 18 Lease AGreement for Parkina Lot for Temecula Valley Senior Center RECOMMENDATION: 18.1 Authorize the Mayor to execute a lease between the City and the State of California for a parking lot for the Senior Citizen Center. The lease shall be substantially the for presented subject to the City Attorney's approval as to final form. Agenda/032393 -6- 03/17/93 SECOND READING OF ORDINANCES 19 Second Readincj of Graffiti Ordinance - 19.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-03 AN ORDINANCE OF THE CITY COUNCIL OF 'THE CITY OF TEMECULA ADDING DIVISION 4 TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO GRAFFITI REMOVAL AND ESTABLISHING REWARDS FOR INFORMATION LEADING TO THE SUCCESSFUL CONVICTION OF ANY PERSON. PLACING GRAFFITI ON ANY PUBLIC OR PRIVATE PROPERTY COUNCIL BUSINESS 20 Addition to Anti-Graffiti Ordinance RECOMMENDATION: 20.1 Introduce and read' by title only an ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 6.14.304 THRO UGH 6.14.308, INCLUSIVE, TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI 21 Aooroval of Fiscal Year 1993-94 Community Develooment Block Grant AoDlications RECOMMENDATION: .' '21.1 Approve the recommended Community Development Block Grant (CDBG) projects for funding in the Fiscal Year 1993-94 and authorize staff to file the necessary CDBG project applications with the Economic Development Agency (EDA) of Riverside County by the filing deadline. 22 Agenda/032393 Boys and Girls Club Proiect (Continued from the meeting of March 9, 1993) RECOMMENDATION: 22.1 This report will be forwarded under separate cover. -7- O3/17/93 23 Business Incentive Proaram RECOMMENDATION: 23.1 This report will be forwarded under separate cover. 24 Discussion 'of WalMart Proposal RECOMMENDATION: 24.1 This report will be forwarded under separate cover. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next meeting: March 30, 1993, 7:00 PM, Joint City Council Meeting with City of Murrieta, Temecula City Hall, Main Conference Room, 43174 Business Park Drive, Temecula, California Next meeting: April 6, 1993, 7:00 PM, General Plan Public Hearing, Vail Elementary School, 29915 Mira Loma Drive, Temecula, California Next .regular meeting: April 13,. 1993, 7:00.PM, Temecula Community Center, 28816 Pujol Street, Temecula, California ' ' Agenda/032393 -8- 0~117/93 · TEMECULA COMMUNITY. SERVICES: DISTRIC~iM'EETING ~.(To be.held at 8i00) Next ~ Order: CALL TO ORDER: ROLL CALL: PUBLIC COMMENT:. President Patricia H. Birds'all Ordinance: No. 93-01 Resolution: No; 93-01 DIRECTORS: Mu~oz, Parks, Roberrs, Stone, Birdsall Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of March 9, 1993. 2 Award of Professional Services Contract for Materials Testina and Establish a Project E'mDIovee Position for the Project Coordinator for the Community Recreation Center, Project No. 92-029B RECOMMENDATION: 2.1 'Award a Professional Services Contract .to .Professional Services In.dustries, Inc. to provide material testing services during the 'construction of the Community Recreation Center, Project No. 92-029B, in the amount of $11,925 and authorize the Mayor and City Clerk to execute the contracts; 2.2 Establish a project employee position for the Project Coordinator by allocating an amount not to exceed $52,800. 3 Replacement of Landscape Bonds for Slooe Imorovements - The Preslev ComPanies RECOMMENDATION: 3.1 Authorize the replacement of landscape bonds for slope improvements to Tracts 23267-2, -3, -4, -5 and Tract 26861 - The Presley Companies. Agenda/032393 -9-' O3118/93 4 Contract for July 4th. 1993 Fireworks Show RECOMMENDATION: 4.1 Award the contract to Robert Caran Productions 'to produce the City of Temecula's 1993 July 4th Fireworks Show; 4.2 Appropriate ~17,000' from unreserved TCSD fund balance to AccoUnt No. 190-180-999~5250. DISTRICT BUSINESS Naminq of Park Site on Pala Road RECOMMENDATION: 5.1 Consider, and if desired, approve a name for the park site on Pala Road. 5 DEPARTMENT REPORT GENERAL MANAGER'$ REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting April 13, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California Agenda/032393 -1 O- 03/17193 TEMECULA. REDEVE[QPM~NT:AGENCy MEETING '...:':' .:' i.::.:.i....:;... ::..i. · ...... '. .. Next in Order: · Resolution: No. 93-02 CALL TO ORDER: ROLL CALL: Chairperson Ronald J. Parks presiding AGENCY MEMBERS: Birdsall, Roberrs, Parks Stone, Mu~oz, PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink "Request to Speak" to the City Clerk. When you - are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS Minutes RECOMMENDATION: 1.1 Approve the minutes of March 9, 1993. The Economics Research Associates (ERA) Labor Force Study RECOMMENDATION: 2.1 Authorize the Executive Director to finalize negotiations and sign a contract with Economics Research Associates (ERA) to provide a labor force study for the City of Temecula in an amount not to exceed $16,500.00. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'$ REPORTS ADJOURNMENT: Next regular meeting April 13, 1993, 8:00 PM, Temecula Community Center, 28816, Temecula, California - 11 - 03tl 8193 Agenda/O32393 PROCLAMATIONS The City of Temecula PROCLAMATION WHEREAS, the Day o~ .the Young Child is an annual celebration that focuses public attention of the needs of young children and their families., and; Wm~REAS, it is particularly important to. target the need for high quality early 'childhood programs, and; WHEREAS, the National Association for the Education of Young Children, sponsors' this annual celebration nationwide, and; WtlEREAS, the City of Temecula will hold its annual observance at the Temecula · Elementary School on April 3, 1993 from 9:30 AM until 2:30 PM, and; WHEREAS, area preschools, public schools, P.T.A: organizations and service groups will provide activities for children accompanied by a parent or adult to enjoy such as food, balloons, games and free entertainment, NOW, THEREFORE, I, J. Sal Mu~oz, on behalf of the City Council of the City of Temecula, hereby proclaim April 3, 1993 to be "THE DAY OF THE YOUNG IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 23th day of March, 1993. J. Sal Mu~oz, Mayor June S. Gr~k, City Clerk Rancho Vista Academy Inc. March 5, 1993 Dear Mayor Sal Munoz, We, the cc~mittee for the event,~J3e]Je~ef taJeYou~r3(~ld, request to be placed on theMarch 23rd agenda in order to present a Declaration for the D~ef'~J3eYeu~c3Child. The Declaration is to be presented by local preschool children. The presentation will take about five minutes. At the time of the presentation we will a~k our City Council to proclaim /~13rt] theD~of taJeYoujJrlC~jild in Temecula. This event is in its seventh year in Temecula. T~eX)a; of tJ~e You~C~ld is an annual celebration that focuses public attention on the needs of young children and their families, particularly the need for high quality early childhood programs. Sponsored by the National Association for the Education of Young Children (NAEYC), the country's largest organization of early childhood professionals, the g0al of the day is to build public understanding to the importance of early childhood programs in our society and to foster needed public support for these programs. Although sponsored nationally, most of the celebrations are planned and implemented on a cuz~nunity basis. The Day of the YoungCb_ildwill be held at ~ ,,1; Rlee~ltarySchrx)l on April' 3rd. The event is from g:30 a.m. m~til 2:30p.m. Area preschools, schools, P.T.A.'s organizations, and service groups will provide activities for children to enjoy. Food, Balloons, games and free entertainment will be enjoyed. All activitiesare free. and'children'must be.accompanied by an adult. 'We thank the City'Council-for their supportof this yearly community event. Sincerely, V/Janis Heyden ' Co~nittee Mamber JH/cjf 29601 Mira Loma Drive/Temecula, California 92592/(71.4) 676-5255 ITEM NO. 1 ITEM NO. 2 MINUTES OF A JOINT MEETING OF THE TEMECULA CITY COUNCIL AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT GOVERNING BOARD HELD MARCH 6, 1993 A joint' meeting of the Temecula City Council and the Temecula Valley Unified School District Governing Board was called to order at 8:04 AM in the Board Room of the Temecula Valley Unified School District, 31350 Rancho Vista Road, Temecula, California, Board President , Rosie Vanderhaak presiding. The following members of the Governing Board .and City COuncil were in attendance: Temecula Citv Council PRESENT: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mur~oz ABSENT: I COUNCILMEMBERS: Birdsall · Temecula Valley School District Govern!ng Board PRESENT: 3 BOARD MEMBERS:. Sparkman, Tooker, Vanderhaak ABSENT: 2 BOARD MEMBERS: Eurich, Swickla AIs'o present were School District Superintendent Patricia Novotney, Assistant Superintendent John Brooks, Facilities Coordinator Lettie Boggs; City Manager David F. Dixon, Planning Director Gary Thornhill and City Clerk June S. Greek. PLEDGE OF ALLEGIANCE Mayor J. Sal Mu~oz led the Pledge of Allegiance. COUNCIL/BOARD BUSINESS " AODrOval Of Agenda It was moved by Boardmember Sparkman, seconded by Boardmember Tooker to approve the agenda as presented. The motion was unanimously carried. 2. Information and Reports Board President Rosie Vanderhaak outlined the purpose of the joint meeting and .invited the City Council to attend a reception honoring School District Administrators on Wednesday, March 10, 1993 in the District Office Board Room at 2:30 PM Minut~s1316/93 -1- 03116/93 City Council Minutes March 6, 1993 School Superintendent Novotney introduced the facilities staff report and turned the presentation over to Facilities Coordinator Lettie Boggs. Ms. Boggs outlined the methods currently available for school faciJities financing and led a discussion of the provisions .of SB-1285 end SB-1287. The C!ty Council and School Board considered the ramifications of SB-1287 on possible mitigation of impacts created by new development within the City. The provisions of the City's General Plan, as it relates to the matter of adequate facilities and funding for schools were discussed and Planning Director 'Gary Thornhill presented a copy of a December 8, 1992 City Attorney's Opinion on the provisions of SB-1287. Mr. Thornhill pointed out that the General Plan has seven (7) mandated elements and that the need to provide adequate school facilities is not one .of those mandated elements. He stated that the City of Temecula has chosen, however, to address this matter and the ramifications of SB-1287. Mayor Mu~oz questioned if the District has explored using existing commercial/ industrial structures within the City to meet some of its facilities needs. Ms. Boggs explained that the state mandates that school facilities must meet certain standards and that these standards are different and more rigid than those contained in the Uniform Building Code, therefore typical industrial/commercial structures do not qualify for use as classroom facilities. Facilities Coordinator Boggs distributed several recent legal opinions which have been issued since the passage of SB-1287 and presented a development mitigation proposal for the Cour~cil's consideration. City Manager David Dixon suggested that a Facilities Task Force, made up of members of the Governing Board and district staff, and City Council and city staff, be established to address the facility needs of the future school population. At the ¢equest of Mayor Mur~oz, Lettie Boggs advised that Redevelopment funds are one of the few funding methods which can be utilized by school districts to construct administrative facilities and that the TVUSD will be looking at these funds to construct such needed improvements as a bus storage facility. She also said that administrative facilities can receive limited funding from other sources such as developer fees and general obligation bonds or they can be rented, but that this does not represent a good "long term" business decision. Assistant Superintendent John Brooks stated that the School District expects to receive approximately five to six million dollars in RDA funds. Councilmember Parks questioned if the locations planned for future schools allows pedestrian travel to school and if any consideration has been given to sharing bus service needs with public transportation. Minut~d316193 -2- 03116/93 Citv Council Minutes March 6.1993 Dr. Novotney summed up the objective of the meeting has been to increase the City Council's awareness of the upcoming facilities needs of the School District. She stated that the School Board would also welcome establishing a joint Facilities Task Force and also a joint Financing Task Force. She also introduced the idea that the Chaparral High School site might be a very good location for a community performing arts center to be developed as a joint venture to meet the needs of the students and the general public. Boardmember Joan Sparkman spoke regarding the .need to look at seeking more favorable funding positions, not on a 'strictly School District or City level from the State. She suggested. both agencies seek broad solutions to benefit the total community and that these be pursued jointly. Dr. Novotney suggested that'a meeting of the City Manager, Mayor, District Superintendent and School Board President be scheduled in the near future as a follow- up to this meeting. Mayor Pro Tem Roberts suggested that the School District consider appointing a liaison to the City's Traffic/Public Safety Commission. Boardmember Barbara Tooker asked that the City look at the property adjoining the Chaperral High School site as a possible park or open space site. Mayor Mu~oz asked the status of the bus parking. Assistant Superintendent Brooks advised that the School District is still pursuing the site off Winchester Road. He also outlined a.number of other sites that have been or are being investigated. 3. Public Discussion No public comments were offered. ADJOURNMENT It was moved by Boardmember Sparkman, seconded by Boardmember Tooker to adjourn the - meeting at 10:30 AM. The motion was unanimously carried by those members present. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk -3- 03116193 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 9, 1993 A regular meeting of the Temecula City Council was called to order at 6:45 PM in the Temecula Community Center, 28816 Pujol Street,'Temecula, California. Mayor J. Sal Mu~oz presiding. PRESENT .3 COUNCILMEMBERS:' "Parks, Roberrs, Mur~oz" ABSENT: I COUNCILMEMBERS: Birdsall, Stone Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. EXECUTIVE SESSION It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to recess-to an executive session pursuant to Government Code Section 54956.9 at 6:47 PM. The motion was unanimously carried, with Councilmember Birdsall and Councilmember Stone absent. Councilmember Stone joined the Executive Session at 6:55 PM. The meeting was reconvened at 7:13 PM with all members present except Councilmember Birdsall. INVOCATION The invocation was given by Pastor David French, Temecula United Methodist Church. PLEDGE OF ALLEGIANCE The audience was led in the pledge. of allegiance by.CoUncilmember Parks. PRESENTATIONS/ PROCLAMATIONS Mayor Mu~oz presented Carol Walsh, Chairperson of the American Cancer Society a Proclamation, proclaiming the month of March as "Daffodil Days Month". Carol Walsh thanked the Mayor and City Council for supporting the iocal branch of the American Cancer Society, and announced daffodils will be on sale at Stoffels Florist the last week in March. Minutes\3\09\93 03/15/93 CiW Council Minutes PUBLIC FORUM March 9. 1993 Bill Harker, 31130-85 S. General Kearny Road, suggested that the City use the flooded Park North West for Jet Ski Racing and a model speed boat course. John Noriega, 326 Ave Descanso, Oceanside, representing So Cal Cinemas, spoke in favor of the City taking the' necessary steps to bring.WalMart to Temecula., John Dedovesch, 39450 Longridge Drive, stated he conducted an unofficial 'sUrvey of 1 67 people on the WalMart issue. He reported that these people .were asked if they would leave Temecula and travel to a surrounding area, such as Murrieta, Fallbrook and Lake Elsinore, to shop at Walmart. He reported, 165 said they would travel to a surrounding area to shop at the Walmart. Only two stated they would not leave Temecula. Mr. Dedovesch also reported he asked 33 people if they would be in favor of the City offering some type of tax reimbursement to Walmart. Four people were against and 29 said they were in favor within reason. CONSENT CALENDAR It was moved by Councilmember Parks, seconded by Councilmember Stone to approve ConSent Calendar Items 1-6, with Item 5 being continued to the meeting of March 23, 1993 and Item No. 6 being amended to read "adopt an ordinance". The motion was unanimously carried, with Councilmember Birdsall absent. eeI · w Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 · 2.2 Approve the minutes of February 9, .1993; Approve the minut'eS of February ~ 6, '1993; 2.3 Approve the minutes of February 23, 1993; Resolution Aoorovino List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 93-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes\3\09\93 -2- 03115/93 City Counoil Minutes March 9. 1993 City Treasurer's Report as of January 31.1993 4.1 Receive and file the City Treasurer's report as of January 31, 1993. Addendum to Emergency Fundin0 Agreement with Riverside County Flood Control and Water Conservation District 5.1 Continue to the meeting of March 23, 1993. SECOND READING OF ORDINANCES e Second Readina of Ordinance Chanaing Name of the Parks and Recreation Commission to Community Services CommiSsion 6.1 Adopt an ordinance entitled: ORDINANCE NO. 93-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 13.0 1 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA COMMUNITY SERVICES COMMISSION PUBLIC HEARINGS 7. Urgency Ordinance Extendina a .Moratorium on Nightclubs, Dance Halls, Etc. Senior Planner John Meyer, presented' the staff report. CounCilmember Parks asked why the hardship clause has been removed. City Attorney Field e.xplained that the Conditional Use Permit process provides for those who feel a hardship exists and 'the clause was Simply a duplication of effort. Mayor Mu~oz opened the public hearing at 7:36 PM. Hearing no requests to speak on this item, Mayor Mu~oz closed the public hearing at 7:36 PM. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation as follows: 7.1 Issue a report describing the steps taken to address the condition that resulted in the adoption of the Morat. orium; 7.2 Provide confirmation of the types of uses that should be included in the permanent ordinance requiring a conditional use permit; Minutes\3%09\93 -3- 0311 5/93 CiW Council Minutes March 9. 1993 7.3 Adopt an ordinance entitled: ORDINANCE NO. 934)7 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NIGHTCLUBS, TEEN CLUBS, DANCE HALLS, BARS AND COCKTAIL LOUNGES; BILLlARD HALLS, MASSAGE PARLORS, OR VIDEO GAME ARCADES WITHOUT' A CONDITIONAL USE PERMIT.' COUNCIL BUSINESS Consideration of. City Banner Proqram Tim Serlet, Director of Public Works, presented the staff report. Councilmember Stone suggested this be opened up to competitive bids and allow businesses to advertise on the banners at a cost, to offset the costs for non-profit organizations. Councilmember Parks objected to individual business using these banners for advertising, stating he feels it would create clutter in the City. Mayor Pro Tam Roberts stated he is in favor of general advertising, such as "Shop Temecula First", but is not in favor of individual businesses being allowed to advertise in this manner. · City Attorney Field voiced concerns for individuals using banners because control can be lost and a situation called."public forum" can be created. He explained typically these types of banners are Used for seasonal events,' Or City sponsored events,' but to be involved in a~ actual marketing program~ just like another advertising company, may cause problems. Councilmember Parks suggested that staff be instructed to further research where these banners would be located, what kinds of events would be promoted and the fees associated. He also suggested that local organizations, such as the Chamber of Commerce, Balloon and Wine Festival, Tractor Race, etc, be contacted to see if they are interested is participating in this program. Mayor Mu~oz suggested that the City look at using these banners for seasonal holiday decorations. City Manager Dixon stated that from past experience, banner programs have been used to promote special events, with a change every 3 to 4 months. He stated he feels the Minutes~,3%09%93 -4- ': 03115/93 CiW Council Minutes Merch 9, 1993 Council needs further information and also voiced safety concerns about volunteer agencies putting up signs or taking them down and suggested the City hire a contractor to do this, passing those costs along to the organization. It was moved .by Councilmember Parks, seconded by Councilmember Stone to refer this item to staff for additional study and review and directed that it be placed on the agenda for action'in 30 days. -The 'motion. was .unanimously carried, 'with Councilmember Birdsall 'absent. 9. Membership in Southern California Association of Governments Finance Officer Mary Jane McLarney, presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve membership with the Southern California Association of Governments (SCAG) and to appoint Mayor Mu~oz as the City's Delegate and Councilmember Parks as alternate. The motion was unanimoUsly carried, with Councilmember Birdsall absent. 10,. Motocross Lease for-Northwest SDorts Facility Located at Cherry and Diaz City Manager Dixon clarified Paragraph 16 of the letter. to Temecula Motorsports Park,' be revised as follows: (16) As a condition of the lease, prior to conducting any event, Shoemaker shall obtain such land use and environmental approvals as may be required by the Planning Director. City Attorney Field presented the staff report. RECESS · Mayor Mu~oz declared a brief recess at 8:16 PM to change the tape. The mi~etir;g 'was reconvened'at 8:17 PM. ' Mayor Pro Tem Roberts asked what the fee for parking would be. Don Shoemaker, Shoemaker Productions, answered the cost for off site parking will be $1.00 or $2.00 dollars. Councilmember Parks asked if Mr. Shoemaker agreed with the amended Condition #16. Mr. Shoemaker stated he is in agreement with the amendment. Mayor Pro Tem Roberts asked if security and traffic concerns have been discussed with the police department. Mr. Shoemaker stated this has been addressed. Minutes\3~09\93 -5- 03/15/93 Ciw Council Minutes March 9. 1993 *It was moved by Councilmember Parks, seconded by Councilmember Stone to' authorize the Mayor to approve staff recommendation. with the City Attorney's recommended change in paragraph 16 of the letter outlining coqtrect terms as follows: 10.1 Authorize the Mayor to execute a Lease agreement with Shoemaker Productions for a Motorsports Park located at Northwest Sports Facility. The lease shall be in substantially'the form of the letter of March 2, '1993, (attached), and shall be subject to final approval as to form'by the '. City Manager and City Attorney. 16) As a condition of the lease, prior to conducting any event, Shoemaker · shall obtain such land use and environmental approvals as may be required by the Planning Director. The motion was unanimously carried with Councilmember Birdsall absent. 11. Boys and Girls Club Project It was moved by Councilmember Stone, seconded by Mayor Pro Tam Roberts to continue this 'item to the.meeting of March 23, 1993. The motion was unanimously carried, with Councilmember Birdsall absent. RECESS' Mayor Mu~oz declared a recess at 8:22 PM; The meeting was reconvened following the previously scheduled Community Services District and Redevelopment Agency meetings at 8:36 PM. CITY MANAGER. REPORTS City Manager Dixon announced that the City is beginning the budget process and a meeting should be set aside in March or April to discuss the Council's goals and objectives for FY 1993-94, so that the budgeting process can be coordinated with the goals and desires of the Council. Mr. Dixon voiced his concerns about budget proposals of the. State Government and the negative impact it will have on Cities. He explained the possibility for loss of prope. rty tax revenues could be in the 23%-30% range and structural fire tax could be cut by one third. In view of these concerns, he stressed the need to be fiscally sound and innovative in providing the needed levels of service at a lower cost. Minutes\3~09~93 -6- 03115/93 City Council Minutes March 9.1993 City Manager Dixon announced that every Thursday between the hours of 3:00 PM - 5:00 PM, an "Office of New Ideas" would be set up to allow employees and citizens to present and discuss their ideas on how better to serve the community. CITY ATTORNEY REPORTS None given. CITY COUNCIL REPORTS Councilmember Stone agreed that the City needs to be fiscally frugal and suggested that the City employ a lobbyist to voice the concerns of the City. Councilmember Parks stated that'the City does belong to organizations 'that have lobbyists, such as the League of California Cities and California Contract Cities. Mayor Mu~oz informed the Council of two conferences he recently attended, one on "Livable Communities" which focused on transit oriented developments, and a BioCycle Conference which discussed the need to develop a market for recyclable materials. He suggested that the City's purchasing policies implement use of these recyclables. City Manager Dixon asked that Mayor Mur~oz provide Purchasing with the materials he received from the conference so that these products can be utilized. ADJOURNMENT It was moved by 'Councilmember Parks, seconded by Mayor Pro Tem Roberrs to adjourn at 8:52 PM. The motion was unanimously carried, with Councilmember Birdsall absent. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk Minutes\3~09\93 -7- 03/15/93 ITEM NO. 3 RESOLUTION NO. 93- 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 DETERMINE AND ORDER AS FOLLOWS: DOES RF~OLVE, Section 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the' 'same are hereby allowed in the amount of $713,097.78 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOFrED, this 23rd day of March, 1993. AT'rEST: J. Sai Mu~oz, Mayor June S. Greek, City Clerk [SEAL] Rcso 303 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 93- was duly adopted at a regular meeting of the City Council of the City of Temccula on the 23rd day of March, i993 by the .following roll call vote: AYES: 0 NOE: 0 ABSENT: 0 COUNCU.,MEMBERS: None, COUNCILMEMBERS: None COUNCILMEMBERS: None June S. Greek, City Clerk Rcso 303 -2- ~ 03/04~3 TOTALCHECK RUN: 03/12J3 TOTAL CHECK RUN: ~3~3 'TOTAL CHECKRUN: PAyROLL: TOTALLIST OF DEMANDS FOR03~3~3~OUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 100 ~90 -191 192 · 193 210 250 280 300 310 ~320 330 GENERAL GAS TAX FUND TCSD TCSD ZONE A TCSD ZONE B TCSD ZONE C TCSD ZONE D CAPITAL PROJECTS - TCSD REDEVELOPMENT AGENCY4~IP INSURANCE FUND VEHICLE FUND INFORMATIONS SYSTEMS COPY CENTER FUND PAYROLL: 001 100 190 191 192 193 300 320 330 GENERAL (PAYROLL) GAS TAX FUND (PAYROLL) TCSD (PAYROLL) . TCSD ZONE A (PAYROLL) TCSD ZONE B (PAYROLL) TCSD ZONE C (PAYROLL) INSURANCE FUND INFORMATION SYSTEMS (PAYROLL). COPY CENTER FUND (PAYROLL) CITY OF TEMECULA LIST OF DEMANDS $20,033.50 ~55,111.15 $4,564.56 $477.37 $23,394.50 $66,423.23 $8,051.02 $10,000.05 $2,901.98 $191.17 $19,693.09 $8,050.44 $67,413.87 $12,246.14 $14,745.14 $386.72 $736.86 $1:452.15 $1,102.52 $1,404.98 S79,944.35 $190,120.08 :r~42,942.47 ;$1 oo,oeo.88 · $713,o~7.78 $613,006.90 $100,0~0.88 TOTAL BY FUND: $100,090.88 PREPARED BY KARMA MCIN~fRE $713,087.78 VOUCHRE2 03/0~/93 16:52 CITY OF TENECULA VOIJCHER/CHECK REGISTER FOR-ALL-PERIODS PAGE 9 FUND '001 100 190 19.1 1.9Z - 1~ 210 280 300 320 330 TITLE GENERAL FUND GAS TAX FUND COIqNIJNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE*LEVEL B TC$1) SERVICE LEVEL C' CAPITAL IMPROVEMENT PROJ FUMD REDEVELOPNEMT AGENCY - CIP INSURANCE FUND INFORMATION SYSTEMS COPY CENTER FUND TOTAL AMOUNT 41,679.67 4,303.32 10,782.35 3,717.39 334.61 882.75 750.00 10,000,00 16&,23 3,837.52 3,690.51 79,9U.35 VOUCHRE2 CiTY OF TENECULA 03/0~/93 16:52 VOUCHER/CHECK REGISTER /-'- FOR* ALL- PERIODS ""~> VOZD CHECKS CHECK, NUHBERS CCHHENTS 01434~2 TO 014343 SPOILED CHECKS PAGE VOUCHRE2 03/0~/93 VOUCHER/ CHECK NLJNBER 16259 1.6260 16316 16346 1~.347 1634 7 14348 14348 16349 16349 16350 14350 16351 14351 16351 16351 14351 16351 14351 16351 14352 -14353 14354 14354 16355 16355 14356 16356 16356 16356 14356 16356 16:52 CHECK DATE 02/26/93 02/26/93 03/03/93 03103193 .03/0~/93 0310~193 03/06/93 03/0~/93 03104193 03/04/93 03104193 03104193 03104193 03104/93 03104/93 03104193 03/04/93 03/06/93 03/06/93 03/04/93 03/04/93 03/04/93 03/04/93 03104193 03/06/93 03104193 03104/93 03104/93 03104/93 03/04/93 03104193 03104193 03/04/93 03104193 03/04/93 VENDOR NUHBER 000532 000867 0008~5 000876 000102 000102 000107 000107 000116 000116 000116 000116 000116 000116 000116 000116 000125 000127 000129 00012~ 000138 000138 000160 0001/,0 000160 000140 000140 000140. VENDOR NN4E SECURITY PACIFIC NAT'L MESTIN HOTEL - SEATTLE NAT]ONAL LEAGUE OF ~IT] RADZSSON HOTEL JOHNSON TI'LING SERVICE LALLGU, PATR[CIA LEVINE, SAN LAZ[ER, DAVID LAZIER, DAVID UNION UNITED NETHOD]ST UNION UNITED NETHOD]ST 'AMERICAN FENCE COMPANY AMERICAN FENCE COMPANY ALHANBRA GROUP ALHANBRA GROUP AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN 'AVP VISION PLANt AVP VISION PLAN CALED CALIFORNIAN CAL klEST RENTAL CENTER CAL ~EST RENTAL CENTER CITICORP NORTH AMERICA CITICORP NORTH AMERICA COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACC]DEN COLONIAL LIFE & ACC]DEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN CITY OF TENECULA VOUCHER/CHECK REGISTER · FORALL PERIOI)S ITEM DESCR[PTIOR 6798020000010831 HOTEL BIOCYCLE CO!IF SM REGISTRATZOR/JEFF STONE HOTEL SCAG GEM ASSEMBLY JOHNSON TILING SERVICE/ PATR]CIA LALLGUIREFUND SAN LEVINE/REFUND MR & MRS. DAVID LAZIER/ NR & MRS. DAVID LAZIER/ RIV. DIST. UNITED METNO RIV, DZST, UNITED NETNO TEMPORARY FENCE RENTAL TEMPORARY FENCE RENTAL FOR LANDSCAPE ARCHITECT FEBRUARY SERVICES INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH. INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH ASSOCZATE MEMBERSHIP COleNMITY SERVICES FUND MISC, RENTALS MISC. SUPPLIES FEB 13 PAYMENT FEB 13 PAYMENT INSURANCE PREMIUM/MAR, INSURANCE PREMIUM/MAR. INSURANCE PREMIUM/MAR. IN$IJRANCE PREMIUM/MAR, INSURANCE PREMIUM/MAR, INSURANCE PREM[UNINAR, ACCOUNT NUMBER 001-100-~-5258 001-100-~-5258 o01-1oo-999-5258 001-100-999-5Z58 001-199-4056 190-183-4938 190-183-6938 190-180-6005 191 - 180-6005 190-180-6005 191-180-6005 1~)-180-~-52~8 1~0-180-~-5238 190-180-~L5268 210-1~0-131-5804 001-2310 100j2310 190-Z310 191-Z310 193-2110 330-2110 001-1180 330-2110 001-110-~-5226 001-100-~-5254 1~0-180-~-5238 1~0-180-~-5218 320 - 2800 320-199-~-5560 001-2330 100-2330 190-2330 191-2330 193-2330 1~0-2500 ITEM AMOUNT 1,367.39 650.00 310.00 69.00 3.00 6.00 12.00 221.39 15.72 879.16 63.02 92.00 92.00 175.00 750.00 606.96 · 97.15 97, 15 7,09 8.66 3,96 40.70 15.75 55.00 208.53 32.33 35.02 1,033.58 393.99 121.00 19.50 5O.75 11.68 14.02 87.50 PAGE 2 CHECK AIIK)UNT 1,367.39 450.00 310.00 49.00 3.00 6.00 12.00 217.11 942.18 104.00 925.00 677.40 55. O0 208.53 67.35 1,627.57 304.25 VOUCHRE2 03/0~/93 16:52 CITY OF TENECULA VOUCHER/CHECK REGISTER FORALL PERIODS PAGE 3 VOUCHER/ CHECK CHECK · VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NtJ~ER AMOUNT CHECK ANOI, JNT 14357 03104193 000155 DAVLIN AUDIO/VIDEO PRODUCTION 001-100-999-5250 700.00 14358 03/04/93 000156 DENTICARE OF CALIFORNIA 14358' 03/04/93 000156 DENT]CARE OF CALIFORNIA 14358 03/04/93 000156 DENT]CARE OF CALIFORNIA 14359 03/04/93 000165 FEOERAL EXPRESS 14360 03/04/93 000184 GTE INSURANCE PRElelUM,/NARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH FEDERAL EXPRESS/RAIL 90~-699-0128 001-23~0 100;2340 001-150-999-5250 001-110j999-5230 320-199-999-5208 41.85 13,95. 15.00 28.i'5 70.80 28.75 166.~8 14361 03/04/93 000203 JOBS AVAILABLE JOB ANNOUNCEMENT FOR TR 001-150-999-5254 78.00 14362 03/04/93 000206 KINKO'S COPIES 14362 03/04/93 000206 KZNKO#S COP/ES 14~62 03/04/93 000206 KINKO'S COPIES 14362 03/04/93 000206 KINKO'S COPIES HIS(. SUPPLIES HIS(. SUPPLIES NISC, SUPPLIES HIS(. SERVICES 330-199-999-5590 330-199-999-559Q :330-199-999-5590 330-199-999-5590 40.68 11.74 6.14 2.10 14363 03/04/93 .'000214 14363 03/04/93 000214 14363 03/04/93 000214 LUNCH & STUFF CATERING LUNCH & STUFF CATERING LUNCH & STUFF CATERING CATERING CITY COUNCIL CATERING CITY COUNCIL CATERING CITY COUNCIL 001-100-999-5260 001 - 100-999-5260 001-100-999-5260 40.00 50.00 15.00 105 .OD 14364 03/04/93 000243 PAYLESS DRUG STORE 14364 03/04/93 000243 PAYLESS DRUG STORE FILM PROCESSING SERVICE 190-180-999-5250 FILM PROCESSING SERVICE 190-180-999-5250 22.60 21.09 lq:65 03/04/93 000245 14365 03/04/93 000245 14365 03104/93 000245 14365 03/04/93 000245 14365 03/04/93 000245 14365 03/04/93 000245 14365 03/04/93 000245 14365.03/04/93 000245 14365.03/04/93 000245 14366 03/04/93 0002~8 14366 O3/O4/93 OOO248 PERS (HEALTH INSIJR.PREM PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM PER$ (HEALTH INSUR,PREM PERS (HEALTH ]NSUR,PREM PER$ (HEALTH INSUR,PREM · PERS (HEALTH ]NSlJR,PREN PERS (HEALTH INSUR,PREM PERS (HEALTH ]NSUR,PREM PETROLANE PETROLANE 14367 03/04/93 000253 POSTMASTER 14367 03/04/93 000253 POSTMASTER 14367 03/04/93 000253 POSTMASTER 14367 03/04/93 000253 POSTMASTER 14367 03/04/93 000253 POSTMASTER 14367 03/04/93 000253 POSTMASTER INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUMINARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH INSURANCE PREMIUM/MARCH F~L TC~ F~L~C~ 92/~./1/09-2/05 924462/1/09-2/05 92~62/1/09-2/05 924462/1/09-2/05 92~462/1/09-2/05 924462/1/09-2/05 001-2090 100-2090 190-2090 191-2090 192-2090 195-2090 300-2090 330-2O9O 001-150-999-5250 190-180-99925263 190-180-999-5263 001-140-999-5Z30 190-180-999-5230 001-163-999-5230 001 - 161-999-5230 001-110-999-5230 001 - 120 - 999 - 5230 14,239.90 2,790.6~ 3,767.55 135.11 300.24 457.U~ 142.48 583.05 117.13 49.71 117.66 57.75 27.90 85.70 35.85 19.90 9.95 22,533.53 167.37 · 237.05 14368 03/04/93 000254 PRESS ENTERPR]SE dOIIIJNITY SERVICES FUND 001-100-999-5254 137.3~ 137,3~ 14369 03/04/93 000257 RANTEK TIME & MATERIALS 100-164-999-5215 180.57 180.57 14370 03104193 000285 SIR SPEEDY 14370 03104193 000285 SIR SPEEDY 14370 03/04/93 000285 SIR SPEEDY 2000; #10 WINDOk/ENVELO 001-140-999-5220 TAX 001-140-999-5220 TAX 001-110-999-5220 98.00 5.56 2.04 105.60 VOUCHRE2 03/04/93 16:52 CITY OF TENECULA VOUCHER/CHECK REGISTER FOIl AI,L. PERIODS PAGE 4 VOUCHER/ CHECK NUMBER 14371 143-72 14375 14376 14377 14378 1437~ 1437~ 14379 1437~ 14379 1~3~ 1~3~ 143~ 143~ 143~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 1~3~ 143~ 1~3~ 1~3~ 1~3~ CHECK DATE 03/04/f3 O3/04/93 03/04/93 03/0~/93 03/lY,/93 03/0~/93 03/0~/93 03/04/93 03/04/93 03104193 03104193 03104193 03104193 03~04~93 03104193 03/04/93 03/04/93 O3/04193 03104/93 03/04/93 03/04/93 03104/93 03/04/93 03104/93 03/04/93 03/04/93 03104/93 03104/93 03/04/93 03104/93 03104/93 03104193 03/04/93 03104/93 03104193 03/0/*/93 03104/93 03/04/93 03/04/93 03/04/93 03/04/93 03104193 03104/93 VENDOIl VENDOIl ITEM ACCOUNT NUMBER NNiE DESCRIPTZCH NtlIBER 000305 TARGET STORE RECHEATICH SUPPL'[ES 190-180-999-5300 000307 TEHECULA TROPHY 1ST &IRD PLACE TROPHIE 190-182-999-5300 000322 UNIGL08E BUTTERFIELD TR AIRFARE gASHINGTON DC J 001-100-999-5258 000326 UNITOG RENTAL SERVICE RENTAL OF UN[FONHS AND 190-180-999-52/.3 000331 000331 0003~5 000352 00O358 000374 000374 00037/* 000374 000374 00037/* 000374 000374 00037/, 000374 000374 000374 00037/* 000374 000374. 00037/* 000374 000374 000374 000374 000374 00037/* 00037/* 00037/* 000374 00037/* 000374 000374 00037/* 00037A 000374 000374 000374 000374 VALLEY MICRO VALLEY MICRO XEROX CORPORATION BILLI RIVERS]DE, COUNTY ASSES DIXON, DAVID F. SOUTHERN CALIF EDZSQN SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALiF EDISON SOUTHERN CAL]F EDISON SOUTHERN CAL]F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL[F EDISON SOUTHERN CAL[F EDISON SOUTHERN CALIF EDISON SOUTHERN CAL[F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON · SOUTHERN CALiF EDISON SOUTHERN CAL]F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F EDISON SOUTHERN CAL]F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF ED]SON SOUTHERN CAUF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F EDISON SOUTHERN CAL]F EDISON MISC. SUPPLIES NISC, SUPPLIES 320-199-999-5221 320-199-9~9-5221 5100 XEROX LEASE AGREEM 330-199-999-5582 leAP COPIES 190-180-999-522/* EXPENSE REZMBI1125-1/29 001-110-999-5258 51779050101020003 12/31 51779050812020003 12/31 51T/'9051802010004 12/31 51T/9055796020002 12/31 51719059001020005 12/31 52T/TWO816020009 1//,-2 53778O01/*01020000 1/5-2 53778061811030007 115-2 53778133201020003 1/6-2 537785000g0020007 1/5-2 53778509301010004 1/5-2 5477828&G0402OD02 1/6-2 5/*778077626020007 1/5-2 5/*77828010202O000 1/6-2 54778282002020007 .5/*772826503020002 1/6-2 191 - 180-999-52/.0' 193-180-999-52/.0 191 - 180-999-5500 193-180-999-5240 191-180-999-5500 191 - 180-999-5500 191-180-999-5500 190-180-999-5240 191 - 180-999-5500 191 - 180-999-5500 191 - 180-999-5500 193-180-999-52/.0 193-180-999-52/.0 193-180-999-5240 193-180-999-52/*0 193-180-~-52/*0 5/*778286505020000 1/6-2' 193.-180-~5240 55771260500020004 117-2 1~0-180-~-5240 55771267543040006 1/7-2 '193-180-~<.,'~-52/*0 55771267901030003 1/7-2 567775501~,020002 1/8-2 567"/7551975010005 1/8-2 57775650934020004 1/9-2 57775656701020002 12/7- 5Tr/'565680203000~ 12/7- 5777565680203000~ 1/9-2 5777566332/*020005 12/8- 57775663'52/*020005 1/9-2 57777802~8~)30007 12/8- 5rrfres087/*O030009 1/9-2 57777808742030007 12/8- 59T/TV~08302000~ 12/10 6077/*110011020000 12/11 · 077/.110011020000 1/13- 193-180-~-5240 191-180-999-5500 191 - 180-~-5500 1~0'180-~-52/*0 193-180-999-5240 193-180-~-5240 193-180-~-5240 lrJ-18o-~-524o 193-18o-~-52/*o lf3-18o-~-524o 193-180-9f9-52/*0 193-180-~-52/*0 ITEM AIIXINT 27.72 25,86 408.00 13.60 158.39 ?5.37 2,958.11 14.00 17.03 43.30 11.59 11.59 160.95 164.26 193.~ 12.17 119,28 13/*,51 1/.1.10 15.64 12.17 11.77 11.77 11.77 12.35 12.35 12,2~ 127.70 29.26 13.08 13.31 13.20 12.8/, 12.iso 12.8~ 13.20 12.08 12.91 13,20 13.20 12.53 CHECK MOIJNT 27.72 "/*08.00 13.60 253.76 2,958.11 17.03 VOUCHRE2 03/04/93 16:52 CITY OF TEECULA VOUCHER/CHECK REGISTER FOR-ALL*PERIODS PAGE VOUCHER/ CHECK NUMBER 14379 14379 14379 143~9 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 14379 3_~379 lq379 14379 14379 14380 14380 14380 14380 CHECK VEIl)OR VENDOR DATE NUMBER NAME 03/04/93 03/04/93 03/04/93 03104193 03104193 03/04/93 03/04/93 03/04/93 03104193 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93. 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 00037~ .SOUTHERN CALIF EDISON . 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374' SOUTHERN CALIF EDISON 000374 SOIJTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON' 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON*. 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CAL/F EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CAL[F EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000374 SOUTHERN CALIF EDISON 000375 SOUTHERN CALIF TELEPHOI~ 000375 SOUTHERN CALIF TELEPHON 000375 SOUTHERN. CALIF TELEPHON 000375 SOUTHERN CALIF TELEPHON ITEM DESCRIPTION 60T/411109~30008 12/11 60T/41110~030008 1/13- 607741110~030007 12/11 60T/'41110~0.:~0007 1/13- 60774111095030006 12/11 607741176~9020005 12/11 6077411764~N)20005 1/13- 60774117670030006 12/11 60774117670030006 1/13- 60774110255030004. 12/11 66774.050677020000 12/22 66774.051040020008 12/22 66775850900020001 12/21 66777950150010005 11/18 66777950150010005 12/21 66T/7950125010003 12/21 66777956964042845 11/18 667779569660428~3 11/18 66777956986030000 12/21 66777956988050006 12/21 66777956990040003 12/21 66777958080040000 12/21 66777958462020009 12/21 66777959913020003 12/21 66778639414020002 12/22 69776780107020004 12/24 69776781651020002 12/24 909-202-4756 TH 9092024761 JAN SM 909-202-4767/GT 90~,-202-4770/DD ACCOUNT NINBER 190-180-999-524.,0 190-180-999-524.0 193-180-999-524.0 193,180-999-5240 193=180-999-524.0 193-180-999- 5240 193-180-999-524.0 190-180-999-524.0 190-180-999-524.0 193-180-999-524.0 191 - 180- 999- 5500 191-180-999-5500 191-180-999-5500 191 - 180-999-5500 191 - 180-999-5500 191 - 180-999-5500 190-182-999-5240 190-182-999-5240 190-182-999-5240 190-182-999-5240 190-182-999-5240 190-180-999-5240 191-180-999-5240 191-180-999-5500 191 - 180-999-5500 193-180-999-5240 191 - 180-999-5500 001-110-999-5208 001-100-999-5208 001-161-999-5208 001-110-999-5208 ITEM ANCXJNT 13.20 12.53 13.20 12.53 13.20 13.20 12.53 13.20 12.53 13.32 124.58 157.60 141.49 154.~ 145.24 139.55 36.55 11.63 151.66 254.09 85.90 27.74 170.91 186.27 13.10 164.12 49 153.05 57.10 156.95 CHECK AllOt jilT 3,607.84 · 417.09 14381. 14381 14382 03/04/93 03i04/93 03/04/93 000403 000403 000411 SHAlal SCOTT POOL & SPA SHAll SCOTT POOL & SPA RIVERSXDE COUNTY FLOOD POOL SERV[CE OPEN P,O, FOR POOL SERV 1NDP ZONE 7NURRIETA '190-180-~-5212 190-180-~-5212 001-163-999-5228 3~.oo 53.00 5.00 90.00 5.00 14383 14383 14383 14383 03/04/93 03/04/93 03/04/93 03/04/93 000430 GROUP ANER l CA 000430 GROUP AMERICA 000430 GROUP ANERICA 000430 GROUP ANER I CA - VOLUNTA - VOLUMTA - VOLUMTA - VOLUNTA INSURANCE PREMIUM/MARCH .001-2510 INSURANCE PREMIUM/MARCH 100-2510 INSURANCE PREMIUM/MARCH 190-2510 INSURANCE PREMIUM/MARCH 300-2510 221.22 36.~ 1.~ 14384 14384 14384 1438/, 14384 03104193 03/04/93 03104193 03/04/93 03104193 03104193 03/04/93 03/04/93 000431 NATIONAL DENTAL HEALTH, 000431 NATIONAL DENTAL HEALTH, 000431 NATIONAL DENTAL HEALTH, 000431 NATIONAL DENTAL HEALTH, 000431 NATIONAL DENTAL HEALTH, 000~31 NATIONAL DENTAL HEALTH, 000431 NATIONAL DENTAL HEALTH, 000431 NATIONAL DENTAL HEALTH,- PRENZUM/MARCH 93 001-23~0 PREMIUM/MARCH 93 100-2340 PREMIUM/MARCH 93 190-23/,0 PREMIUM/MARCH 93 191-2340 PREMIUM/MARCH 93 192-2.~0 PREMIUM/MARCH 93 193-2340 PREMIUM/MARCH 93 300-23~0 PREMIUM/MARCH 93 330-2340 590.62 94.50 126.00 7.09 15.75 8.66 7.88 31.50 VOUCHRE2 03/04/93 VOUCHER/ CHECK NU14BER ~438~ 1438~ 14385 14386 14387 14388 14389 14389 16389 14389 16389 16389 14389 14389 14389 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14390 14391 14392 14393 14394 16:52 CHECK DATE 03/0~/93 03/04/93 03/04/93 03104193 03/04/93 03/04/93 03104193 03104193 03104193 03/04/93 03/04/93 03/04/93 03/~/93 03/0~/93 03/04/93 03/1~/93 03/0~/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 · 03/04/93 03/04/93 03/04,/93 03/04/93 03/04./93 03/04/93 03/04/93 03/0~/93 03104193 03/04/93 03/04/93 03/04/93 031O4193 03/0~/93 03/04/93 VENDOR NIMBER 000431 000431 oocX.~ 000459 000467 000492 000532 000532 000532 000532 000532 0OO532 000532 000532 000532 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 ,000537 *000537 000537 000537 000537 000537 000537 000537 000537 000557 000583 000603 00O625 NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, SIERRA C014PUTER SYSTEHS TUHBLE JUHBLE TEHECULA VALLEY TAEKM)N HCLARNEY, MARY JANE SECURITY pACIFIC NATAL SECLJ~ITY PACIFIC NATAL SECURITY PACIFIC NAT'L SECURITY PACIFIC RAT% SECURITY PACIFIC NATAL SECURITY PACIFIC NATAL SECURITY PACIFIC NATAL SECURITY PAC]FIC NAT#L SECURITY PACIFIC NAT'L SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDZ SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA ED[ SOUTHERN CALIFORNIA ED[ SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORN/A EDI SOUTHERN CALIFONN/A EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI JOHNSON REPEATER RANCHO RUNNERS CABLE & WIRELESS CONHUN VOOS, CHARLES CITY OF TENECULA VOUCHER/CHECK REGISTER FON- ALL- PERIOOS ITEM DESCRIPTION ACCOUNT NUMBER PRE141UH/14ARCH 93 PREHIUHINARCH 93 CONFERENCE/VISAL].A TH 001-1180 001-150-;-5250 3Z0-1~-9f9-5258 GYMNASTICS & TOT GYH CL 190-183-838-5300 TAEIGIONDO CONTRACT CLAS 1~0-18~-807-5)00 EXPENSE REI148/14J NCLARN 47~;802000001077J JAN 9 47~02000001077) JAN '9 4798020000010773 JAN 9 4798020000010773 JAN 9 478~020000010807 JAN RP 478~020000010807 JAN RP 47'~8020000010815 JAN PB 4798020000010872 JAN $N 47~8020000010880 JAN AE 001-140-~-5258 001-1(~-~-5242 001-110-~j;~-5258 001-1~0 001 - 110-;-5258 001 - 100-;-52~0 001 - 100-999-5258 001 - 100-99~-5258 1~)-180-99~-5258 001-162-;-5258 4377077138302 12/31-1/3 43770771/,6502 12/31-01/ 4377077146602 12/31-01/ 4377077146702 12/31-01/ 437707r~83802 1/1-1/31 4)77077510502 12/31-01/ 4377077515702 12/31-01/ 4377077515802 12/31-01/ 4377077515902 12/31-1/3 4377077516002 12/31-01/ 4377077516102 12/31-01/ 4377O77516202 12/31-01/ 437fi377518502 12/31-01/ 4377077526902 12/31-01/ 4377077527002 12/31-01/ 437707753~202 12/31-01/ 191-180-~99-5500 191,180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-1~0-999-5500 191-180-999-55OO 191-180-999-5500 191-i80-999-5500 19t-180:999-~5OO 191-180-999-5500 191-180-999-5500 191-180-999-5500 4377077534702 12/31-01/191-180-999-5500 437707753~891 12/31-01/ 191-180-999-5500 4377077535092 12/31-01/191-180-999-5500 4377077630002 12/31-01/191-180-999-5500 43??07765O6O1 12/31-01/ 191-180-999-5500 14ONTHLY PALOHAR BASE, 14 001-1~-~-5209 2/01-02/12 001-140-;-5210 XCA8114361 320-1~-999-5208 VIDEO PRODUCTION CLASS 190-183-845-53OO ITE14 AMOUNT 63.00 15.00 160.00 716.80 476.OO 95.97 55.69 122.17 21.50 462.~0 18.52 91.10 104.71 217.00 23~.00 45.54 44.08 20.90 24.42 8.82 44.56 17.32 44.08 49.67 47.94 47.02 48.92 43.20 38.38 45.85 116.32 33.8~ 28.91 46.65 27.29 186.00 150.00 1,601.73 144.00 PAGE 6 CHECK 'AMOUNT W~O.OO 160.OO 716.80 476.00 95.97 1,327.59 871.65 186.OO 150.OO 1,601.73 1~4.00 VOUCHRE2 03/04/93 VOUCHER/ CNECK NUMBER 14395 14395 14395 14395 16396 16397 14398 16398 14398 14398 14398 14399 .14399 14400 i4401 14401 lJ~.~01 I1 16401 14401 14401 14401 14401 14401 14401 1,4401 14401 14401 14401 14401 14401 14401 14401 14401 14401 14401 14401 14401 14401 14401 14401 14402 14403 16:52 CHECK .DATE 03/04/93 03104193 0310419.3 03104193 03/04/93 03/04/93 03/04/93 03/04/93 03104193 03/04/93 03/04/93 03~04/93 · 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 · 03/04/93 0:~/04/93 03/04/93 03/04/93 03/04./93 03/04/93 03/0~/93 03/04/93 03/04/93 03/04/93 O3/04/93 03/04/93 03/O4/93 03/04/93 03/04/93 03/04/93 03/04/93 03/04/93 VENDOR NUMBER 000676 000676 000676 000676 000683 000702 000704 000704 000704 000704 000704 00072'24 000752 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 '000765 000765 000765 000?65 000765 000765 000765 000765 000765 000765 000765 000765 000765 000821 00O860 NANE AUTONOTIVE SPECIALTZE$ AUTOMOTIVE SPECIALTIES AUTONOTIVE SPECIALTIES AUTOMOTIVE SPECIALTIES SOUTHERN CALIF. ENERGEN CADDY GRAPHICS SKS, INC./INLAND OIL SKS, INC./INLAND OIL SKS, INC./INLAND OIL SK$, INC./INLAND OIL SKS, INC./INLAND OIL A & R CUSTOM SCREEN PRI A & R CUSTOM SCREEN PRI STONE, JEFFREY E. GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA* GROUP AMERICA ,GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA FIESTA FILMS JOCHUN, LORI CITY OF TENECULA VOUCHER/CHECK REGISTER FOR-ALL-PERIODS ITEM DESCRIPTION ACCOUNT NUMBER INSTALLATION OF TMOLIG AD-15 MINI-AERO LIGHT B CLR-IO STEALTH LIGHT EA M]SC PARTS ' 100-1~-999-5~2 100-1~-999-5~2 100-16~-999-5242 100-1~-999-5~2 LUNCHEON MEETING 3/10 g 001-110-999-5258 T'SH[RT ART WORK 190-183-933-53OD FUEL OM 001-110-999-5263 FUEL BS 001-162-999-5263 FUEL PW 001-163-999-5263 FUEL PW 100-16~-999~5263 FUEL TCSD 190-180-999-526~ SOFTBALL JERSEYS BUTTOR 190-183-905-5300 TAX 190-183-905-5300 EXPENSE REIBI1127-1129 001-100-999-5258 PREMIUM/MARCH 93 001-~360 PREMIOM/NARCH 93 100-Z360 PREMIUM/MARCH 93 190-Z~ PRENILIN/MARCH 93 191-Z~60 PREMIUM/MARCH 93 192-Z360 PREMIUM/MARCH 93 · 193-2160 PREMIUM/MARCH 93 300-?.360 PREN[OM/NARCH 93 320-2~60 PREMIUM/MARCH 93 330-2360 PREM]OM/MARCH 93 001-2.',',',',',',',',~ PREMIUM/MARCH 93 PREMIUM/MARCH 93 190-~X80 PREMIUM/MARCH 93 191-2380 PREMIUM/MARCH .93 192-Z]80 PREMIUM/MARCH 93 193-238Q PREMIUM/MARCH 95 300-Z380 PREMIUM/MARCH 93 320-2380 PREMIUM/MARCH 93 330-2380 PREMIUM/MARCH 93 001-2500 PREMIUM/MARCH 93 100-2500 PREMIUM/MARCH 93 190-2500 PREMIUM/MARCH 93 191-2500 PREMIUM/MARCH 93 192-2500 PREMIUM/MARCH 93 193-2500 PREMIUM/MARCH 93 300-2500 PREMIUM/MARCH 93 320-2500 PREMIUM/MARCH 93 330-2500 BICYCLE SAFETY FILM; TH 001-170-999-5258 80~ CONTRACT CLASS 190-183-8~1-5300 ITEM NKXlNT 200.00 322,17 89.95 40.86 '25,00 125.00 10.72 40.95 180.10 161.74 89.53 221.00 17.13 553.36 87.88 123.50 4.28 9.50 4.76 9.50 19.00 137.13 160.81 5j36 7.43 19.07 7.58 15.05 15.07 187.75 30.81 36.66 1.22 1.69 1.7'3 3.43 3,43 270.00 336. O0 PAGE 7 CHECK NqOUNT 652.98 25. O0 125.00 238.13 2,300.58 270.00 336. O0 VOUCHRE2 03/04,/93 16:52 VOUCHER/ CHECK CHECK NUNBER DATE 1~40~ 0310~193 1A405 1 ~,06 14407 03/~/93 1~08 03/~/93 i~09 ~1~193 - 1~10 03/~/93 1~11 031~1~ 1~12 . 03/~/~3 CITY OF TBIECULA VOUCHER/CHECK REGISTER FOR -ALl, -PERIODS VENDOR VENDOR I TEN NUHBER NANE DESCRIPTZOR 0008~ SKATE CITY LEARN TO SKATE CLASS 001)8~ LAIJRENCE .ELK RESORT TH NIXISENSE TRIP 000870 BERGNAN,. JANELLE 000871 BURBANK AIRPORT HILTON 000872 PINKALLA, 'TRICIA 000875 CITY OF SAN LUIS ORISPO 000876 TEHECULA VALLEY BALLOON 000878 BOYS & GIRLS CLUB 000879 RADISSOH HOTEL - VISALI JR JAZZERCZSE CLASS HOTEL POLICY COlel NEETI LEARN TO BUIA. CLASS SIIALL 92-93 BUDGET B(X)!( PARTICIPATIOR IN 9) FES LOAN FOR FACILITY HOTEL SIERRA COlIF TH TOTAL CHECKS ACCCXJNT NIJNBER 190-183-972-5300 190-183-938-5300 190-183-801-5300 001 - 100-999-5258 190-183-844-5300 001 - 160-~-5228 280-1~-~-52~4 O01 - 1500 320- lf~-~-5258 ITEN AIIOUNT 316.80 363. O0 165.60 82.50 468.00 5.00 10,000.00 207.05 220. O0 PAGE 8 CHECK A!IXINT 316.80 165.60 82.50 668.00 5.00 10,000.00 17,207.05 220.00 79,96~.35 VOUCHRE2 0:3/12/93 09:08 CiTY OF TENEGULA VOUCHER/CHECK REGISTER FOR AI~L- PERSODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COIINJNITY SERVICES DISTRICT ' 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193. TCSD SERVICE LEVEL C 210 CAPITAL [NPROVENENT PROJ FUND 250 CAPITAL PROJECTS - TCSD 300 INSURANCE FUND :310 VEHICLES FUND 320 INFORMATION SYSTENS 330 COPY CENTER FUND TOTAL MOUNT 163,368.89 8,371.88 11,850.7/, 286.17 · 1/.2.76 773.59 69.70 131.31 /,56.1Z 191.17 1,53].58. 190,120.08 VOUCHRE2 03/12/~. 0~:08 CIYY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL-PERIODS PAGE 1 VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE ~.IIBER MANE ZTEM ACCOUNT ZTEM DESCRIPTION NLIIBER AMOUNT CHECK AMOUNT 14093 14341 378178 378178 378178 378178 378178 378178 378178 ,378178 378178 378178 378178 378178 378178 378178 378178 378178 378178 382152 382152' 382152 382152 382152 382152 382152 382152 382152 382152 382152 582152 382152 382152 382152 382152 382152 02/16/~r$ 000509 03/11/93 000824 03/05/93 000887 03/11/93 000444 03/11/93 000444 03/11/93 0004.~ 03/11/93 0004~ 03/11/93 O00M~ 03/11/93 O00z.~. 03/11/93 000444 03/11/93 0004~ 03/11/93 0004~. 03/11/93 0004~ 03/11/93 000/.44 03/11/93.0004~ 03/11/93 0004~ 03/11/93 O00,t,~ 03/11/93 0004~ 03/11/93 0004~ 03/11/93 000444 03/11/93 00028~ 03/11/93 000283 03111193 00028~ 03/11/93 000285 03/11/93 000285 03/11/93 000285 03/11/93 000283 03/11/93 000283 03/11/93 000283 · 03/11/93' 000285 03/11/93 00028~ 03/11/93 000285 03/11/93 00028~ 03/11/93 000283 03/11/93 000285 03/11/93 00028~ 03/11/93 000283 lz~.16 03/12/93 HUNT URECKING SOUTHERN CALIF. ASSOC. PRECISION PHOTOGRAPHY, EMPLOYMENT DEVELOPIe~NT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPtqENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT BALANCE DUE OR INVOICE MEMBERSHIP DUES REDUCTION IN LANDSCP BO 001-162-~-5250 001-100-999T5226 001-2650 000/~-~ CAZT 001-2070 -OOO/:~ CAZT 100-2070 0(04~ CAZT 190-2070 0004~ CAIT 191-2070 000444 CAIT lfJ-20?O 000444 CAIT 300-2070 000444 CAIT 320-20?0 .0004~4 CAIT :$30-20?0 000444 sol 001-2070 000444 SO! 100-2070 000444 SO! , 1~0-2070 000444 SOl 191-20?0 000444 SO ! 1 ~2 - 20?0 000444 SO ! 1 ~ - 20?0 000444 SO! 300-2070 000444 SOl 320-20?0 000444 SO! 330-2070 BANK OF*AMERICA 00028~ FZCA/MED 001-2070 BANK OF AMERICA 00028~ FICA/MED 100-2070 BANK OF AMERICA 00028~ F!CA/MED 190-2070 BANK OF AMERICA 000283 FZCA/MED 191-2070 BANK OF AMERICA 00028~ FIr. AIMED 192-2070 BANK OF AMERICA 00028;3 tiCAIMED 193-2070 BANK OF AMERICA 000285 F]CA/MED 300-2070 .BANK OF AMERICA 000283 F]CA/NED 320-20?0 BANK OF AMERICA 000283 F]CA/MED 330-2070 · BANK OF ANER/CA 000283 USIT '001-2070 BANK OF AMERICA 000285 US/T: 100-2070 BANK OF AMERICA 000283 USIT 190-2070 BANK OF AMERICA 000283 USIT 191-2070 BANK OF AMERICA 000283 USIT 193-2070 BANK OF AMERICA 00028~ US[T 300-2070 BANK OF AMERICA 000283 USZT 320-2070 BANK OF AMERICA 000283 USIT 330-20?0 LALA CHURCHTREFUND LALA CHURCH 190-18~-4973 1,850.00 2,197.00 25,986.00 2,528.65 488.13 410.55 15.37 31.92 20.08 48.29 9.54 1,064.27 203.33 228.76 6.22 '9.85 22.30 9.51 18.41 19.85 2,388.25 459.96 511.00 13.88 21.98 49.74 21.21 41.08 44.28 10,101.76 2,206.58 1,913.41 63.28 184.03 87.60 226.70 70.21 25. O0 1,850.00 2,197.00 z5;986.oo 5,135.03"" 18,40~.~5 25.00 14417 03/12/93 GORDON, JOANNE GORDON, JOANNNE REFUND 190'183-4817' 100.00 100.00 14418 03/12/93 JACO OIL CONPANT JACO OIL CONPANY/REFUND 001-162-4285 60.00 14419 03/12/93 14419 03/12/93 MS. HELON ODER MS. HELON ODER 190-180-4005 MS. HELOR ODER MS. HELOR ODER 191-180-4005 105.45 7.56 113.01 VOUCHRE2 CiTY OF TEMECIJLA 03/12/93 09:08 VCXJCHERICHECK REGISTER -- FOe ALL PERZODS PAGE VOUCHER/ CHECK CHECK VENDOe VENDOR ITEM ACCOUNT NUMBER DATE NUMBER MANE DESCRIPTION NUMBER ZTEN AMOUNT CHECK A~K)UNT 14420 03/12/93 000100 ALLIED BARRICADE CONPAR. EMERGENCY ARRCN BOARD R 001-166-999-5238 760.00 760,00 14421 03/12/93 000105 AEI SECURITY, ]NC. ALARM NONITOeING;TEEN C 190-182-9~9-5250 14422 03/12393 000125. CALED 93 ECOMUMIC DEV COliF DD 001-!10-999:-5258 14423 03/12/93 00012~ CALIFOeNIAN TOO883~R2,TOO2~1R2,TO0 001-120-~-5256 1~42.3 03/12/93 000127 CALIFOeNIAN TOO5567R1 CITY CLERK/CI 190-180-999-5228 14423 03/12/93 000127 CALIFOeNIAN TOO5759R4 ,001-161-999-5256 14425 03/12/93 000127 CALIFOeNIAN TOO3788QX PUBLIC NOTICE 210-199=801-5804 1~47..3 03/12/93 000127 CALIFOeNIAN PUBLIC NOT/CES/PLARN]NG 001-161-999-5256 14423 03/12/93 000127 CALIFOeNIAN NOTICE OF OeDINANCE/PRO 001-120-999-5256 14423 03/12/93 000127' CALIFOeNIAN JOe ANNOUHCEMENT; TRAFF 001-150-999-5254 35.00 295,00 42,20 157.~8 37.~5 69.70 137,06 23.&2 54,00 35.00 · 295,00 522,51 14424 03/12/93 000129 CAL bEST RENTAL CENTER STEP LADDER 1~0-180-~-5238 14424 03/12/93 000129 CAL bEST RENTAL CENTER FOeKLIFT 190-180-~99-5238 14425 03/12/93 000131 CARL WARREN & CO. SERVICES 300-199-~-5205 24,78 1/,6,98 .173,00 171.76 173.00 14426 03/12/93 000135 14426 03/12/93 000135 14426 03/12/93 000135 '~ 03/12/93 000143 14427 03/12/93 000143 14427 03/12/93 0001~3 14427 03/12/93 000143 CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER COPY LINE COePORATION COPY LINE COePORAT]ON COPY LINE COePOeAT]ON COPY LINE CORPORATION SEE ATTACHED, EXHIBIT" TAX DO NOT BLOCK iNTERSECTZ 100-164-999-5244 100-164-999-5244 100-164-999-5244 RICOH 5000; TONER CREST 330-199-;-5220 TONER 330-199-;-5220 FREIGHT 330-199-999-5220 TAX 330-199-999-5220 51.13 3.96 56,97 564,00 9.12 5,00 42,16 112,06 600.28 14428 03/12/93 000144 COSTCO WHOLESALE SUPPLIES FOe TEEN FEST 190-183-933-5300 209,78 20~.78 14429 03/12/93 000155 DAVL]N 14429 03/12/93 000155 DAVLIN 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 14430 03/12/93 000170 FRANKLIN GUEST COMPANY FRANKLIN GUEST COMPANY FRANKLIN GUEST CUMPANY FRANKLIN GUEST COHPANY FRANKLIN GUEST CUMPANY FRANKLIN QUEST CUMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN GUEST COHPANY FRANKLIN GUEST CUMPARY FRANKLIN QUEST COMPANY FRANKLIN QUEST COHPARY FRANKLIN GUEST CUMPARY FRANKLIN QUEST CUMPANY FRANKLIN QUEST CUMPANY FRANKLIN GUEST CUMPANY FRANKLIN QUEST COHPANY FRANKLIN QUEST COMPANY AUDIO PRODUCTION/2/22 P PLANNING CONN MT 03/01 1F731 CL REPLACEMENT FZL #g35 CL MASTER FILLER #2451 CL SIN. LEATH OPE t2203 CL 1-1/8" EXEOUTI d!2456 CL S/M. LEATHER #10M,6 CL STOeAGE BINDE' #10~5 CL STOeAGE BINDE i4100 STD PAPER PUNCH FRE i GHT TAX STOeAGE BINDER CRED ] T/SUPPL [ ES ITEM NO. 2251 CLASSIC E ITEM NO, 2253 CLASSIC E ITEM NO, 10~5 CLASSIC ITEM NO. 935 CLASSIC IRA FREIGHT · TAX 001-161-999-5250 001-161:999-5250 ·001-163-999-5220 .001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 146.66 146.66 99.75 129.75 32.00 19.95 32. O0 62.55 13.90 19.95 13.20 32.79 67.40- 388.44- 24.95 24.~5 13.~) 51 .~0 9.50 VOUCHRE2 03/12/93 VOUCHER/ CHECK NUMBER 14431 14431 '14431 14431 14431 14431 14431 14431 14431 14431 14432 14432 14432 14432 14432 14432 14432 14432 '14432 14432 14432 14432 14432 14432 14432 14432 14432 14432 14432 14433 14433 14433 14433 14434 14434 14454 14434 14434 14434 14434 14435 14435 14435 09:08 CHECK DATE 03/12/93 03112193 .03/12/93 03112193 03/12/93 ,03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 0311ZI93 037~2/93 03112193 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/lZ/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 000174 000174 000174 000174 000174 000174 000174 000174 000174 000174 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 VENDOR NH GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNZES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENN]ES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENN]ES OFFICE PRODUCT GLENN]IS OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLEMMIES OFFICE PROIXJCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT* GLENNIES OFFICE PRODUCT 000184 GTE 00018~ GTE -00018~ GTE 000184' GTE 000186 000186 000186 000186 000186 000186 000186 000186 000197 000197 000197 HANKS HARDHARE HANKS HARDWARE HANKS HARDHARE HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE INSUPCO [NSUPCO INSUPCO CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL*PERIODS ITEM DESCRIPTION ACCOUNT NUMBER PAGER FOR POLICE DEPT. PAGER FOR ROR RORERTS, RENTAL OF 3 PAGERS FOR PAGER FOR STUART MANGUS PAGERS; PUBLIC WORKS DE TWO PAGERS FOR TRAFFIC TMO PAGERS FOR TRAFFIC Till) PACERS FOR TRAFFIC PAGER RENTAL FOR ORE YE MONTHLY RENTAL CHARGES 001-170-999-5242 001-100-99~-5250 001-162-999-5238 100-1~.-9~39-5238 100-164'-~-5238 001 - 170-9~-5242 001 - 140-99~- 5250 100-1~.-~-5238 320-199-999-5238 190-180-9~-5238 SUPPLIES FOR EUC FILE, ECONOMY K6-302 AWARD PLAQUES PR N~-04704 5X8 LINED NOTE SIIDFl-153L FILE FOLDERS TAX OPEN P.O. FOil TCSD: OF OPEN P.O. TCSD; APPROVE OPEN P.O. TC$O; APPROVE 001-150-999-5220 '001-140-~-5220 001-162-99~-5220 001-162-999-5220 001-162-~)~-5220 001-162-999-5220 1~0-180-~)-5220 1~0-180-9~9~5220 190-180-~39-5220 OPEN P.O. FOR OFFICE SU 001-140-~-5220 OPEN P.O. FOR OFF]CE SU 001-140-999-5220 OPEN P.O. FOR FINANCE S OPEN P.O. FOR TCSO: OF OPEN P.O. TCED; APPROVE OPEN P.O. TCSD; APPROVE CREDIT MEHO OPEN P.O. FOR FINANCE S ITEMS RETURNED ON PO 13 CREDIT MEMO 001-140-999-5220 1~0-180-~-5220 190-180-~-5220 1~0-180-~)-5220 001-110-~9-5220 001-140-99~-5220 001-161-~-5220 001-163-999-5220 90~-6~-2475 JAN 1~3 909 - 6~4 - 1989 90~-6~5-3539 ' · . - ~-6~-~ O01-163-gf~'5208 320'19~*~9'5208 320-19~-~qrS208 32o-lg~-;-5208 THE FOLLIX,/ING IS EQU[PM K. EXT. BOOSTER CABLE CHAIN TAX OPEN P.O. "EMERGENCY SU OPEN P.O. NISC. ]TENS; OPEN P.O. FOR M]SC. SUP 310-164-999-5214 310-1~4-"~9-5214 310-164-f~9-5214 310-164-99~-5214 310-164-~-5214 001-16&-~-5242 001-199-~-5242 190-180-~-5212 3/4-10 20-AG SPIRAL PRE 21/32 130-AG PREMIUM O TAX 100-164-99~-5242 100-164-~-5242 100-164-~-5242 ITEM AHOUNT 11.00 11.00 33, O0 11.00 · 44.00 · 7.33 7.53 7.3~ 11.00 88.00 220.49 32.30 261. O0 6.86 ·. 19.00 22.23 12.02 18.38 21.42 114,57 2.03 53.67 8.24 8,00 8.92- 4.41 - 112.76- 17.78- 24.&0 · .2,025.62 17.27 21.31 13.98 31.98 37.~8- 13.08 7.52 2~0.74 14.89 79.59 44.14 24'.8~ 5.35 PAGE 3 CHECK AMOUNT 231.00 659.98 74.38 14436 03/12/93 000200 INTERTECH TELECONINNICA PROFILE HEADSET 320-1~-~-5242 195.00 14436 03/12/93 000200 INTERTECH TELECOleNNICA TAX 320-199-999-5242 15.11 210.11---,, VOUCHRE2 CITY OF TEMECULA 03/12/93 09:08 VOUCHER/CHECK REGISTER -~ FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ZTEN ACCOUNT NUMBER BATE NUMBER NAME DESCRZPTZOR NUMBER ITEM AMOUNT CHECK AMOUNT 14437 03/12/93 000205 KIDS PARTIES, ETC. ENTERTAINI~NT MCINY ME 190-183-800-5300 25.00 25.0O 14438 03/12/93 000206 KINKO'S COPIES 14438 03/12/93 000206 KINKO'S COPIES 14439 03/12/93 000209 L & 14 FERTILIZER 14439 03/12/93 000209 L & N FERTILIZER OPEN P.O. FOR NISC. SER 330-199-999~5590 COPIES OF MAPS/MZSC. EX 001-161-999-5222' EM2200; HONDA'PORTABLE 190-i80~999-5610 TAX 190-180-999-5610 4:85 71.34 90~.77 70.12 76.19 974.89 14440 '. 03/12/93 000235 OCB REPROGRAPHICS OPEN P.O. FOR PRINTI14G 250-190-129-5802 14440 03/12/93 000235 OCB REPROGRAPHZCS OPEN P.O. FOR PRINTING 250-190-129-5802 14440 03/12/93 000235 OCB REPROGRAPHICS OPEN P.O. FOR PRINTZ14G 250-190-129-5802 14440 03/12/93 O00235 OCB REPROGRAPHICS OPEN P.O. FOR PRINTING 250-190-129-5802 14440 03/12/93 000235 OCB REPROGRAPHICS OPEN P.O. FOR PRINTING 250-190-129'5802 18.58 20,36 25.19 32.27 34.91 131.31 14441 03/12/93 000240 ORANGE COUNTY STRIPING EMERGENCY RESTRZPING AM 001-166-999-5410 1~442 '03/12/93 000266 PERS EMPLOYEES' RETIREM 000246 PER REDE 001-2130 14442 03/12/93 000246 PERS EMPLOYEES' RETIREM 000246 PER REDE 100-2130 14442 03/12/93 000246 PERS EHPLOYEES' RETIREN 000246 ' PERS RET 001o2390 14442 03/12/93 000246. PERS E14PLOYEES' RETIREM 000246 PERS RET 100-2390 14442 03/12/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET 190-2390 14442 03/12/93 000246 PERS EMPLOYEES' RETIRE14 000246 PERS RET 191-2390 1~(~42 03/12/93 000246 PERS EMPLOYEES' RET]REH 000246 PERS RET 192-2390 .2 03/12/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET 193-2390 1~42 03/12/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET 3OD-2390 14442 03/12/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET' 320-2390 14442 03/12/93 000266 PERS EMPLOYEES' RETIREN 000246 PERS RET 330,2390 14442 03/12/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR .001-2390 14442 05/12/95 000246 PERS E14PLOYEES' RETIREM 000246 SURVIVOR 100-2390 14442 03/12/93 0002~6 PERS E14PLOYEE$' RETIREM 000246 SURVIVOR 190-2390 14442 03/12/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 191'2390 14442 Q3/12/93 000246 -PERS EMPLOYEES, RET]REH 000246. SURVIVOR. 192-2390 14442 03/12/93 000246 PERS EMPLO+EES" RETIREM 000246 SURVIVOR 193-2390 16442 03/12/93 000246 PERS.E14PLOYEES' RETIRE14 000246 SURVIVOR 300-2390 14442 03/12/93' 000246 PERS EMPLOYEES, RETIREM 000246 SURVIVOR 320-2390 14442 03/12/93 000246 PERS EMPLOYEES' RETIREN 000246 SURVIVOR 330-23~0 14443 03/12/93 000248 PETROLANE FUEL FOR B & s 001-162-999-5263 314.23 42.~, 171.76 10,~1.69 1,Tf0.12 2,0~,.69 69.12 ~6.85 245.46 201.73 223.24 - 57.67 8.58 11 .~ .42 1.44 1,86 145.91 314.23 16,092.52 145.91 14444 03/12/93 000254 PRESS ENTERPRISE JOB ANNOUNCEMENT; CODE 001-150-999-5254 1~4 03/12/93 000254 PRESS ENTERPRISE JOB ANNOUNCEMENT; TRAFF 001-150-999-5254 14444 03/12/93 000254 PRESS ENTERPRISE GENERAL PLAN AD FEB. 4 001-161-999-5256 125.~9 149.43 162.24 437.66 14445 03/12/93 000261 RANCHO BLUEPRINT MISC. BLUEPRINTS, ETC. 001-163-999-5268 14445 03/12/93 000261 RANCHO BLUEPRINT MISC. BLUEPRINTS, ETC. 001-163-999-5268 14445 03/12/93 000261 RANCHO BLUEPRINT NISC. BLUEPRINTS, ETC. 001-T63-999-5268 14445 03/lZ/93 000261 RANCHO BLUEPRINT MESC. BLUEPRINTS, ETC. .001-163-999-5268 14445 03/12/93 000261 RANCHO BLUEPRINT NISC. BLUEPRINTS, ETC. 001-163-999-5268 14445 03/12/93 000261 RANCHO BLUEPRINT NISC. BLUEPRINTS, ETC. 001-163-999-5268 14445 03/12/93 000261 RANCHO BLUEPRINT M]SC. BLUEPRINTS, ETC. 001-163-999-5268 14445 03/12/93 000261 RANCHO BLUEPRINT ' MISC. BLUEPRINTS, ETC. 001-163-999-5268 28.45 4.48 11.21 4.48 3.32 2.54 4.48 54.31 VOUCHRE2 03/12/93 VOUCHER/ CHECK NUMBER 14445 14445 14445 14446 14447 1'64~9 16~69 16669 16~49 16669 144~9 14450 16651 16651 16651 16651 14452 14452 16653 16453 16653 16653 16653 14454 CHECK DATE 03112193 0.1112193 03/12/f5 03112193 03112193 .03/12/~J 03/12/93 03/12/93 Q3/12/93 03/12/93 03/12/93 03/12/93 O3/12/f3 03/12/93 03/12/93 03/12/93 03112/FJ 03/12/~J 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/r3 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/93 03/12/9~J 03/12/93 03/12/93 03/12/93 03/12/93 MR 000261 000261 000261 000275 000278 000280 000285 000285 000285 000285 000285 000285 000285 000291 000291 000296 -000296 000296 000296 000296 000296 0002~4 0002~ 0002~4 000308 000308 000308 000320 000320 000320 000320 000320 000320 000320 000320 000320 000320 000320 000322 000322 000322 VENDOR NJU4E RANCNO BLUEPRINT RANClIO BLUEPRINT RANClIO BLUEPRINT RONERO, LUCI SAN DIEGO UNION TRIBUNE SC SIGNS SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY S/R SPEEDY SIR SPEEDY SIR SPEEDY SPEE DEE OIL CHANGE & T SPEE DEE OIL CHANGE & T STATE COHPENSATION INS. STATE COMPENSATION INS. STATE COMPENSATION INS. STATE COHPENSAT[ON INS. STATE COHPENSATION INS. STATE COHPENSATION INS. STATE COHPENSATION INS. STATE COHPENSATION INS. STATE COMPENSATION INS. TEMECULA TOWNE ASSOCIAT TEHECULA'TOWNE ASSOCIAT TEMECULA TOWlIE ASSOC]AT TOWN CENTER STATIONERS TOWN CENTER STATIONERS TCNN CENTER STATIOMERS TO!4N CENTER STATIONERS TOWN CENTER STATIONERS TOlal CENTER STATIONERS TOtIN CENTER STATIONERS TOil CENTER STATiONERS TOIdN CENTER STATIONERS TOWN CENTER STATIONERS TOWN CENTER STATIONERS UNZGLOBE BUTTERFIELD TR UNZGLONE BUTTERFIELD TR UNIGLOBE BUTTERFIELD TR CiTY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL'PERIODS ITEM DESCRIPTION NISC, BLUEPRINTS, ETC, PLAN 30X42 F~DE VELLUH CONTROL CENTER/CITY.OF REIMB/CONF. LR TRAFFIC ENGINEER POSTING OF PUBLIC HEARZ 500;BUSINESS CARDS; GOL TAX BOX OF IO001B/W MINES 500/BUSINESS CARDS; B/U TAX TAX TRX LOF & AIR F~LTER/PW LOF B & S WORKERS' CONP FOR 3/93 gORKERS' CONP FOR 3/93 UORKERS' CCNP FOR 3/93 IKIKERS' CCMP FOR 3/93 gORKERS' COMP FOR 3/93 MORKERS' COI4P FOR 3/93 klORKERS# COMP FOR 3/93 MONCERS' CONP FOR 3/93 WORKERS' COMP FOR 3/f3 FEB.1993.LOCKER RENTAL SET UP AND CLEANING 'FOR FLOOR CARE FOR CITY COU HNM CASSETTE NUK NR-40 INK ROLLER SAN-6400~ BURG. PENCIL SAN-64892 JUMBU ERASER XST-IO06 COPY STAle ELD 1989-21 PUTTY POP BTE RSH20 ARROg "SIGN TAX DISASTER RELIEF ACCOUNT OPEN PURCHASE ORDER ACC OPEN P.O. FOR TCED; OFF CREDIT ADJUSTMENT AIRFANE/HEDICAL DEVICE AIRFARE/HEDICAL DEVICE ACCOUNT NUNBER 001-163-~-5268 001-161-99~-5222 001-16t-~-5222 001-150-9~-5258 001-150-~-525~ 001-161-999-5256 001-140-~-5220 001-140-~-5220 001-162-~-5220 001-120-~-5220 001-100-~39-5220 001-162-~-5220 001-120-~-5220 310-164-~-5214 310-162-~-5216 001 100-2370 190-2370 191-2370 192-2370 lr5-2370 300-2370 320-2370 330-2370 · 190-180-~-5238 001 - 100'~-52.~ 001-100:~)-523~ 001-163-~-5220 001-161-~-5220 001-161-~)~-5220 001-161-~-5220 001'161-~-5220 001-161-~-5220 001-161-~-5220 001-161-~-5220 001-166-~-5262 001-163-~)~-5220 1~0-180-~-5220 001-110-~-5258 001-110-9~-5258 001-100-~-5258 ITEM AMOUNT 15.73 2.69 10,0~ 189.80 355.20 405, O0 36.00 2.79 29, O0 26,70 3.29 .53 .50 66.14 22.49 6,062.65 1,968.28 1,972.26 110:32 13.15 ?..38.70 43.09 123.72 193.92 15 .oO 135.00 60.00 28.76 2.29 25,03 7,48 5,78 13.~ 2,79 4.45 28.17 16.68 24,39 785.00- 630. O0 702.00 PAGE CHECK ANOUNT 161.~8 189.80 355,20 605.00 98~81 86,63 10,706.07 210.00 159.79 367.00 5 VOUCHRE2 CITY OF TENECULA 03/12/93 09:08 VOUCHER/CHECK REGISTER .~ FOR A~L PERIODS PAGE VOUCHER/ CHECK CHECK NUHBER DATE VEIOR VENDOR ZTEN ACCOUNT ]TEN CHECK NUMBER NAME DESCRIPTION IIIER AIIXI!IT RNOUNT '14455 03/12/93 000325 UNITED ttAY OF THE ]NLAN 000325 UIJ 001'2120 14455 03/12/93 000325 UNITED ilAY OF THE INLAN 000325 LN 100'2120 1~455 03/12/93 000325 UNITED UAY OF THE INLAN 000325 UI/ 1~0'2120 1A45'5 03/12/93 000325 UNITED WAY OF THE INLAN. 000]25 U~ 300-2120 77.25 17.50 .50 106.50 · 14456 0]/12/~J 000]26 UN[TOG RENTAL SERVICE CLEANING OF 2 UNIFORMS 100-1~;~-5243 14456 0]/12/93 000326 'UNITOG RENTAL SERVICE 2-$ET$ OF UNIFORMS; CLE 100-1~-~-5243 14456.03/12/93 00032& UNITOG RENTAL SERVICE RENTAL OF UNIFORMS AND 1~0-180-~-5243 12.50 12.50 13.60 38.60 14457 03/12/93 000360 WHITE CAP SAFETY BOOTS, (MIKE OUR 100-1~-~-5243 14457 03/12/93 0003~0 WHITE CAP ENERGENCY SUPPLIES 001-16~-~-5242 14457 0]/12/93 000340 WHZTE CAP EMERGENCY SUPPLIES 001-166-999-5242 91.05 515.38 237.74 14458 14458 14458 14458 14458 0]/12/93 o00365 0]/12/93 000365 03/12/93 000365 0]/12/93 000365 03/12/93 000345 XEROX CORPORATION BILLI XEROX 7032; FAX COPY-IN XEROX CORPORATION BILLI FREIGHT XEROX CORPORATION BILLI TAX XEROX CORPORATION BILLI. XEROX 7032; FAX COPY-IN XEROX CORPORATION BILLI TAX 330-1~-~-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 14459 0]/12/93 000350 ELNO, ANTHONY RENTAL CAR/WRKSHP/2/05/ 001-162-999-5258 14460 03112193 000358 DIXON, DAVID F. LEAGUE CA CITIES/FEBIO- 001-110-~-5258 il 0]/12/93 000360 GREEK, HAROLD F. SERVICES FOR FEBRUARY 1 190-180-~-5250 14462 03/12/93 000374 SOUTHERN CAL'IF EDISON 1/22/~r~-Z/19/~J 001-199-~-5240 14462 03/12/93 000374 SOUTHERN CALIF EDISON 66775848057010007 1/22- OD1-199-~-5240 14462 0]/12/93 000374 SOUTHERN CAL[F EDISON /01/22/~r~-2/19/~ 001-199-~-5240 14462 03/12/93 000374 SOUTHERN CAL[F EDISON 667758~01000~ 1/22- 14462 03/12/93 000374 SOUTHERN CALIF EDISON 667748A8065010007-1/22- 14462 0]/12/93 000374 SOUTHERN CALIF EDISON 667758480~7020004 1/22- 001-199-~-5240 14462 03/lZ/93 000374 SOUTHERN CALIF EDISON 667758~8071020008 1t22- 001-199-~-5240 14462' p3/12/93 0003.74 SOUTHERN CAL]F EDISON &&7758~8085010003 1/22- 001-199-~.-5240 14463.03/12/93 000375 SOUTHERN CALIF TELEPHON PHONE USED IN EMERGANCY 001-1&~-~-5208 144~ 03/12/93 000389 USCN 000389 PT RET]R 001-2160 144~ 03/12/93 000389 USCI4 000389 PT RET]R 100-21~) 144~ 03/12/93 000389 USCN 000389 PT RETIR 1~0-21&0 66.25 8.63 5.13 265.00 20.54 40.96 26.68 810.00 520.11 861.90 656.77' 80.32 182.41 30~.29 139.30 488.79- 89.40 156.00 173.50 365.55 40.96 26.68 810.00 3,233.89 418.90 14465 03/12/93 000603 SHAWN SCOTT POOL & SPA OPEN P.O. FOR POOL SERV 19O-180-999-5212 14466 03/12/93 000~14 LONGS DRUG STORE OPEN ACCOUNT; TCSD; FIL 190-180-999-5220 168.00 19.49 168.00 19.49 14467 03/12/93 000/,23 H & H CRAFT & FLORAL SU OPEN P.O. RECREATION GU 19O-180-~-5300 50.99 14468 03/12/93 000~28 HORIZON WATER WATER 190-182-~-5240 14469 0]/12/93 000436 SIERRA COHPUTER' SYSTEMS REGISTRATION/CV 001-162-999-5258 14470 03/12/93 000637 MORELAND & ASSOCIATES PROFESSIONAL ACCOUNTING 001-140-999-5268 36.85 160.00 710.00 36.85 1~0.00 710.00 VOUCHRE2 03/12/~ VOUCHER/ CHECK CHECK NUHBER DATE 1/,/,71 03/12/93 14472 03/12/93 14473 '03/12/93 14474 03/12/93 14473 03/12/93 14/.76 03/12/93 14476 03/12/93 14/,76 03112193 14476 03/12/93 14476 03/12/93 1/*/*77 03/12/93 14478 03/12/93 1447~ 03/12/93 1447~ 03/12/93 1447~. 03/12/93 14479 03/12/93 03/12/93 *03/12/93 14481 03/12/93 14481 03/12/93 14481 03/12/93 1448~1 03/12/93 14482 03/12/93' 1/*~3 03/12/93 14484 03/12/93 1/*485 03/12/93 14485 03/12/93 14486 03/12/93 14/.87 03/12/93 14487 03/12/93 1/*/.88 03/12/93 14489 03/12/93 VENDOR VENDOR NUMBER NN4E O00~e2 COHPUTER ALERT SYSTENS 000465 STRADLEY, KATHY 000/,71 IGOE &'CONPANY 000512 CADET UNIFORN 000521 STEMART, BRUCE N. 000643 FORTNER HARDgARE 000643 FORTNER HARRDMARE 0006~3" FORTNER HARDgARE 0006~3 FORTNER HARDgARE 0006~3 FORTNER HARDWARE OO0668 000678 000733 000753 000753 000753 TINNY D. PROOUCT[ONS RIVERSIDE CO. HEALTH SE LANDSCAPE STRUCTURES, LANDSCAPE STRUCTURES, LANDSCAPE STRUCTURES, LANDSCAPE STRUCTURES, 000820 WINCHAK, KRIS 000820 WINCHAK, KRIS 000836 RANCH HUFFLEA 000836 RANCH HUFFLEA 000836 RANCH NUFFLER 000836 ·RANCH HUFFLEA 000837 STATE OF CALI'~URNiA, 000857 RANCHO ARNY/NAVY STORE 000868 000873 000873 00087~ ENBASSY SUITE HOTEL R08ERTS, RONALD H. ROBERTS, RONALD H. RADISSON HOTEL - VISALI 000883 NONTELEONE EXCAVATING 000883 NONTELEONE EXCAVATING 000886 KALSA, ATNA 000888 TEAGARDEN FUEL TENDER CITY OF TENECULA VOUCHER/CHECK REGISTER FUR ALL-PERIODS ITE!I DESCRIPTION' ALAR!I NONITORING; JANUA 80~ CONTRACT .CLASS FLEX PLAN/FEBRUARY ENTRY RUG SERVICE: CITY OPEN PURCHASE ORDER FOR OPEN P.O, FOR N]SC. Slip OPEN P.O. FUR IllSC. SUP OPEN P.O. FUR N]SC. SUP OPEN P.O. FOR NISC. SUP OPEN P.O. FUR HZSC. SUP TEEN FEST DANCE REPLACE CK#1326~ 895-040-0~2 DIRECT BURY 298K-80003 TiRE SIJING H TAX FREIGHT CHARGES ONITTED INVESTIGATION OF R.O.g. INVESTIGATION OF R.O.g. ACROSS BED 7001'TOOL BO TAX TOE STRAPS TAX 000837 FRAN TAX ENERGENCY SUPPLIES NOTEL/LEAGUE OF CA CITI REINB. LEAGUE CA CITIES REIHB 2/10-2/11 TAHOE R HOTEL/CONF.' CV NURRIETA CREEK CLEARING RANCHO CAL[F. RD. CULVE YOGA CLASS FUEL USED BY FIRE DEPT/ ACCOUNT NLRqgER 001-199-999-5250 190-183-849-5300 001-150-999-5250 001-199-999-5250 001-162-999-5250 190-180-999-5212 lf~)-180-94~-5212 190-180-999-5212 190-180-~-5212 190-180-~99-5212 190-183-933-5300 001-162-99~-5250 190-180-99~-5212 1~)-180-~-5212 190-180-999-5212 lf0-180-~9~-5212 001-166-999-52~8 001-166-~-5248 100-16~-99~-5242 100-164-99~-5242 001-166-999-5242 001-166-~-5242 100~21/*0 001-166-~-5242 001-100-99~-5258 001-100-~-5258 001-100-99~-5258 001-162-999-5258 001-1278 001-166-~-5420 190-183-973-5300 001-166-fq~-526~ I TEN ANOUNT 135.00 196.00. 308. O0 34.25 160.00 5.69 8.~ 24.9~ 33.10 16.68 250.O0 1,003.63 145.00 8.00 83.00 675 .oo 125.00 390.00 30.23 300.00 23.25 164.83 38.75 217.80 175.78 27. O0 260. O0 75,466.05 8,953.00 37/*./*0 257.2/* PAGE 7 CHECK AHOUNT 135.00 1~.00 · 308.00 34.25 160.00 250.00 1,003.63 800. O0 743 164.83 38,75 217.80 202.78 260.00 84,/.19.05 374.40 257.2/* VOUCHREZ 03/12/93 09:08 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 14490 03/1~/93 14491 03/1 Z/93 000890 14492 03/1Z/93 000891. 144~J 03/12/93 000892 1 ~,94 03/12/93 000893 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL* PERIOl)S VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER 000889 PACIFIC IRRIGATION UNIV. SEMINAR REGISTRATION KH LEEMING, LOIS INTERN'L LAW ENFORCEHEN HYATT REGENCY VANCOUVER PAT CRASK, CAPRCBM ACAD MILEAGE REIMB LEENING TAGGERS/GRAFFITI CLASS HOTEL/GFOA CONF MJ NCLA MORKSHOP FOR P & R CONN 190-180-999-5258 001-120-999-5262. 001-!70-999-5258 001-140-999-5258 190-1N)-999-5258 ITEM AMOUNT 24.95 71.17 220.00 8~8.25 150.00 PAGE 8 CHECK AMOUNT 24.95 71.17 220.00 848'.25 150.00 TOTAL CHECKS 190,120.08 VOUCHRE2 03/12/93 10:0~ CITY OF TEHECULA VOUCHER/CHECK REGISTER FOeALL' PERIODS PAGE FUND TITLE '*001 GENERAL FUND 100 GAS TAX FUND 190 COII4UN/TY SERVICES DISTRICT. 1~1 TCSD SERVICE LEVEL A 19) TCSD SERVICE LEVEL C 210 CAPITAL INPROVEMENT PROJ FUND 250 CAPITAL PROJECTS - TCSD 300 INSURANCE FUND 320 INFORFIATION SYSTENS 330 COPY CENTER FUND TOTAL ANOUNT 18~,286.)) 7,358.3O 32,Z,78.06 561.00 21,738.16 6~,603.53 7,919.71 2,281.63 12,90~.60 2,8O6.35 342,942.47. VOUCHRE2 03/12/93 10:04 VOUCHER/ CHECK CHECK HUNBER DATE 14496 03/P..]/93 ~4497 03/23/93 14~98 03/23/93 14499 03/23/93 14499 03/23/93 14499'03/23/93 14499 03/23/93 14500 03/23/93 14500 03/23/93 14500 03/23/93 14500 03/23/93 14500 03123193 14501 03/23/93 14502 03/23/93 14503 03/23/93 1,~503 03/23/93 ~3 03/23/93 14503 03/23/93 14504 03/23/93 14504 03/23/93 14505 03/23/93 14506 0~/23/93 14506 03/23/93 14506 03/23/93 14507 03/23/93 14507 03/23/93 14507 03/23/93 14507 03/23/93 14507 03/23/93 14507 03/23/93 14507 03/23/93 14507 03/23/93 14507 03/23/93 14508 03123193 14508 03/23/93 14508 03123193 14508 03/23/93 14508 03/23/93 14508 03/23/93 VEIlDOlt NUMBER 000107 000123 000123 000123 000123 000126 000126 000126 000126 000126 000164 00017~ 000217 000217 000217 000217 000223 000223 000224 000251. 000251 000251 000257 000257 000257 000257 000257 000257 000257 000257 000257 000269 000269 000269 000269 000269 000269 VENDOR NAHE JOHNSON, DAN CHILI'S INC. ALHAMBRA GROUP BURKE NILLIARS & SOREMS. BURKE WILLIAHS & SORENS BURKE WILLIA~S & SO~EHS BURKE WILLIANS & SORENS CALIfORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE ESGIL CORPORATION GRAFFITI REHOVAL SERVIC HARGARITA OFFICIALS ASS MARGAR[TA OFFICIALS ASS NARGARITA OFFICIALS ASS HARGARITA OFFICIALS ASS JOHN MCTIGNE & ASSOCIAT JOHN HCTIGHE & ASSOCIAT NELAD & ASSOC/ATES PLANNING CENTER, THE PLANNING CENTER',.THE PLANNING CENTER, THE RANTEK RANTEK RAMTEK RAMTEK RANTEK RAHTEK RAMTEK RANTEK RAMTEK RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL' PERIODS ITEM DESCRIPTION DAN JOHNSON/REFUND PLAN CHECK REFUND/CHILI SERVICES FOR FEB. SERVICES FOR JAN PROF SERVICES/l/31/93 R PROF SERVICES/I/31/93 B DEBIT MEMO-FODT ERROR 0 MATERIALS FOR INSTALLAT ACCOUNT NUMBER 001-2670 001-2670 210-190-131-5804 001-130-~-524~ 001-130-~-5246 001-1~0 001-1~0 190-180-~-5212 LABOR: INSTALLATION $2' 190-180-999;5212 ANNUAL LANDSCAPE CONTRA 190-180-999-5250 ANNUAL LANDSCAPE COMTRA 191-180-~-5510 ANNUAL LANDSCAPE CONTRA 193-180-999-5510 2/1/93-2/28/93 001-162-~-52~8 DECEMBER 1~2; GRAFFZTI 001-170-~-5293 HENS SOFTBALL COED SOFTBALL ADULT SOFTBALL GAMES,OF ADULT SOFTBALL GARES,OF 190-183-g05-5300 190-183-907-5300 1~0-183-905-5300 1~C)-183-907-5300 USER FEE COST RECOVERY 001-140-999-5248 USER FEES RECOVERY PROG 001-140-999-5248 PLAN CHECKING SERVICES 001-162-999-5248 PREP & ATTEND AT PLANN[ CLERICAL SERVICES & REI REIHB & SUBCONTRACTOR · 001-161-~-5248 001-161-~-5248 001-~61-9~.-52~8 SUPPLEMENTAL P.O. FOR VIA LOHO CHANNEL CITY HIDE CLEAN-UP & ST CITY VIDE CLEAN-UP & ST CITY VIDE CHANNEL CLEAN CITY VIDE CLEAN-UP & ST CITY VIDE CLEAN-UP & ST SCHEDULED STREET MA]NT. CITY gIDE CHANNEL CLEAN 210-1~0-135-5804 100-164-~-5401 001-16&-~-5402 001-1~-~-5402 001-16&-~-5401 001-16&-~;~-5402 001-16&-~-5402 100-164-~-5402 001-166-~-5401 HIGH QUALITY REGULAR PA 330-1'99-999-5590 8 1/2 X 11; BLUE PAPER 330-199-999-5590 8 1/2 X 11; PINK PAPER 330-19g-~-55~0 8 1/2 X 11; YELLIN PAPE 330-1~-ggg-5590 11X 17 PAPER; MHITE 330-199-999-5590 8 1/2 X 11; LEGAL SIZE; 330-199-99g-5590 ITEM AHOUNT 1,000.00 3,000:00 3,062.92 1,365.21 2,009.49 1,&O~.O0 1.50 6,090.00 300.00 10,029.30 561.00 21,738.16 1,831.90 6,091.00 60.80 10.00 1,039.20 540.00 706.47 577.93 1,7~3.15 2,886.39 2,255.72 3,301.00 2,786.40 1,867.77 21,801.54 61.38- 16,687.12 35,985.28 39,487.70 1,631.53 3,7~1.41 740.00 359,00 359.00 143.60 55.00 59.90 PAGE 1 CHECK AM(XJNT 1,000.00 3;000.00 3,062.92 4,985.20 38,718.46 1,831.90 6,091.00 1,650.00 1,28~.40 1,793.15 8,443.11 123,977.37 VOUCHRE2 CITY OF TENECULA 03/12/93 10:0/* VOUCHER/CHECK REGISTER FOR ALL- PER!COS PAGE 2 VOUCHER/ CHECK CHECK VENDOR VENDOR ZTBI ACCOUNT NUMBER DATE NLNBER MANE DESCRIPTION IIiER ITEH CHECK 14508 03/23/93 000269 RIVERSIDE OFFICE SUPPLY TAX 330-199-999-5590 16508 03123/93 000269 RIVERSIDE OFFICE SUPPLY EUREKA RECYCLED COPY PA 330-199-99g-55~0 14508 03/23/93 000269 RIVERSIDE OFF]CE SUPPLY TAX 330-1~-999-5590 16508.03/23/93 000269 RIVERSIDE OFFICE SUPPLY MZSC. OFFICE SLIPPLIES 190~180'~;52/.2 1/,508 03/23/93 000269 RIVERSIDE OFFICE SUPPLY CREDIT/RETURN SUPPLIES 001'160'~-5220 133,03 888.00 68.82 283.08- 5.18- ~,518.09 14509 03/23/93 000270' RJM DESIGN GROUP RJM DESIGN GROUP 250-1~0-129-5802 1,518.00 1,518.00 14510 03/23/ft3 000276 PURKISS, ROSE PARK MASTER PLAN; REVZS 190-180-~-5268 14511 03/23/93 000420 TRANS-PACZFZC PROF SERVICES THRU 11t9 300-199-99~-5207 1/,512 03/23/93 000426 RANCHO INDUSTRIAL StJI~L OPEN P.O. FOR JANITORIA 001-199-999-52/,2 14512 03/23/93 000426 RANCHO INDUSTRIAL SUPPL OPEN ACCOUNT FOR JANITO 001-199-999-52/.2 16512 03/23/93 000426 RANCliO INDUSTRIAL SUPPL OPEN P.O. "EOCq 001-150-999-5220 14512 03/23/93 000426 RANCliO INDUSTRIAL SUPPL SANDBAGS; "EMERGENCYq 001-166-999-54~0 1/.512 03/23/93 000426 RANCHO INDUSTRIAL SUPPL 20' ifiDE, 100' LONG, iBM 001-166-999-52/.2 14512 03/23/93' 000426 RANCHO INDUSTRIAL SUPPL TAX 001-166-999-5/,60 1/.512 03/23/93 000/*26 RANCHO INDUSTRIAL SUPPL TAX 001-166-999-52/.2 6,800,00 2,281 200.00 117.61 70.'50 1,960.00' /*20.00 151.90 32.55 6,800.0O 2,281.63 2,952.56 16513 03/23/93 00043/, SIERRA COMPUTER SYSTEMS PROGRANZNG ASSISTANCE 001-161:999-5250 16513 03/23/93 000434 SIERRA COMPUTER SYSTEMS PROGRANING ASSISTANCE 320-19g-~-5250 14514 03/23/93 000467 CONTRONiX OF HENET RADIOS 320-1950 14514 03/23/93 001)~47 CONTRON~X OF HEMET APX-115; UNIDEN DESK TO 0O1-1(~-~-52/.2 14514 03/23/93 0004~7 CONTRONZX OF HEMET APX181A; UN]DEN LEATHER 0O1-166-~-52/*2 16516 03/23/93 0004,47 CONTRONIX OF HEMET APX-1100; UNIDEN SPARE 16516 03/23/93 000447 CONTRONIX OF HEMET APX-185; UN]DEN CASE ST 16516 03/23/93 000447 COMTRON[X OF HENET TAX 001-16&-99~-5262 16516 03/23/93 000Z~7 COMTROR[X OF HEMET APX-115; UNIDEN DESK TO 190-180-~-5262 16516 03/23/93 O00467 CONTRON[X OF HENET APX181A; UNIDEN LEATHER 190-180-~-5262 16514 03/23/93 000~47 CONTRONI~ OF HEHET APX-1100; UHIDEN SPARE 190-180-gg9-5262 14514' 03/23/93 000Z~67 CONTRON]X OF HEMET APX-185; UN[DEH CASE ST 190-180;~-5262 14514 03/23/93 . 000447 CONTRONIX OF 'HENET TAX .190-180-~-52/.2 14514 '03/23/93 000447 CONTRON']X OF HENET RADIOS 320-i950 14515 03/23/93 000479 IJORKS STRIPING & IRKIN RETENTION 16516 03/23/93 000481 GEOTECHNICAL & ENVIROIN GEOTECHNICAL & ENVIRONN 210-190-133-5804 250-190-129-5802 711.00 1,621.38 3,035.64 400;50 159.30 270.00 32.60 66.82 80.10 53.10 67.50 10.80 16.39 1,011.88 2,627./.8 3,956.00 2,132.38 5,204.63 2,627./*8 3,956.00 16517 03/23/93 000520 HINDERLITER DE LAHAS, A PROPERTY TAX ANALYSIS D 001-160-9~-5268 16518 03/23/93 000539 W]NMER YANADA ASSOCIATE REIliURSABLES-HASTER PL 210-190-120-5802 5,400.00 4,155.02 5,600.00 6,155.02 14519 03/23/~3 000573 APOLLO SEEPING, INC. EXTRA SIJEEPING & CATCH 001-16&-;-5/*02 16520 03/23/93 000584 RICK ENGINEERING CONPAN SERVICES FOR DEC 1~2 210-165-606-5804 1,917.50 3,250.00 1,917.50 3,250.00 16521 03/23/93 O00&06 RIVERSIDE COUNTY ADelIN.. ACIIS FY g2-gJ 001-170-999-5325 9,516.00 9,514.0O 14522 03/23/g3 0006/,8 BANANA BLUEPRINT PRINTING & DESIGN FOR C 250-10O-12~-5802 ' 2,447.71 VOUCHRE2 03112193 10:04 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL- PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER MANE ITEM ACCOUNT DESCRIPTION NUIIER 14523 03/23/g3 000655 MENTONE TURF SUPPLY 14523 03/23/9t3 000655 MENTONE TURF SUPPLY SERVICES FROM 1/1-2/22 210-190-134:5804 RETENT]OR 210-2035 14524 03/23/93 O007&O DESICaiER CONCRETE PRODU. THREE RAIL WOODCRETE FE 2~0:190-13~-580~ 14524 03/23/93 000760 DESlONER CONCRETE P~OOU THREE RAIL M:XX)CRETE FE 1~)-180-999-5212 14525 03/23/~.~J 000778 HEWLETT PACKARD CO. SERVICE AGREEMENT FOR H 320-199-99~-5215 14526. O3/23/93 0007~3 SCANTRON CORPORATION HARK READER/INSTALLAT]O 320-1970 14527 03/23/93 000818 SIGNAL MAINTENANCE, INC REPLACE CONTROLLR & CAB 001-16~-~-5405 14527 03/23/93 000818 SIGNAL HAINTENANCE, ]NC REPLACE EXISTING TYPE 9 001-16&-;-5405 14528 03/23/93 000822 DWIGHT FRENCH & ASSOCIA PROF SERViCES FOR FEB 1 100-1&4-99~-5402 14529 03/23/93 000858 A-1 SOILS 14529 03/23/93 000858 A-1 SOILS 'A-1 RED" INFIELD HATER 1~0-180-~)-5212 TAX 1~0-180-~-5212 ITEM AIIXINT 54,219.~8 5,421.97' 924.00.. 5,5~.00 2,880.00 4,560.50 10,717.00 11,030.00 3,859.00 1,967./,6 152.49 PAGE 3 CHECK Nq0UNT 48,7V7.71 6,468.00 2,880.00 4,560.50 21,747.00 3.,859.00 2,1~9.95 TOTAL CHECKS 3~2,942.47 ITEM NO. APPROVA T. CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: . City Manager/City Council. FROM: Mary Jane McLarney, Finance Officer DATE: March 23, 1993 SUBJECT: City Treasurer's Statement of Investment Policy RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy as proposed by Staff which provides safety, liquidity and yield for City funds. DISCUSSION: The California legislature has passed legislation imposing a State-mandated local program requiring the treasurer or chief fiscal officer to render an annual statement of investment policy to the legislative body of the local agency and to render a monthly report containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. The Treasurer's Statement. of Investment Policy, as presented herein, is in conformity with the State requirements and guidelines established by the' California Municipal Treasurer's Association, the California Society of Municipal Treasurer's Association, and the California Society of Municipal Finance Officers. The monthly investment report !s placed· on the agenda each' month. The legislated'authority Of the Fund is included in Sections ,53601, 53635, 53638/ 53646, 53652, and 53653 of the Government Code. Enclosed are copies of the statutes which determine the maximum parameters of the Investment Fund. FISCAL IMPACT: ATTACHMENTS: · None Proposed Investment Policy, Government Code Sections 5~601, 53635, 53638, 53646, 53652 and 53653 CITY OF TEMECULA INVESTMENT POLICY INTRODUCTION The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies are: 1. ' To protect the' principal monieS. entruSted to this office. To provide sufficient liquidity to meet normal operating and unexpected expenditures. To assure compliance with all Federal, State, and Local laws governing the investment of monies under the control of the City Treasurer. To generate a maximum amount of investment income within the parameters of prudent risk management and consistent with the above policies. The monies entrusted to the City TreasUrer (referred to as the "Fund" throughout the remainder of this document) will be invested, administered, and reported in a timely and prudent ma'nner. The City Treasurer and staff will observe, review, and react to changing conditions that effect the fund. The authority to execute investment transactions that will effect the Fund will be limited to: .. City Manager or Assistant City Manager or City Clerk and Finance Officer acting together The above Finance Officer will meet on a regular basis with the City Manager to discuss the current market conditions, future trends, and to plan .investment strategy to meet the City's fiscal objectives. The policy stated below will also address risk' management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous; therefore, policy issues will be directed to: 1. Limiting the Fund's exposure to each issue and issuer of debt; and Determining a minimum credit requirement that firms must have in order to hold City money. CITY OF TEMECULA INVESTMENT POLICY II SCOPE In accordance with Ordinance No. 90-2 of the City Council of the City of Temecula and as prescribed by Section 41000 through 41007 of the Government Code of the State, the City Treasurer is responsible for investing the unexpended cash in the City Treasury. OBJECTIVES A. Safety of Princioal Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit Risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers · whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies (see Section VI for detailed · limitations on credit risk), and by diversif~/ing the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market Risk. Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with' the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting 'the taking Of short positions-that is, selling securities'which the-City does 'not own. it is explicitly recognized .herein, however, that in a diversified portfolio, occasional measured loses are inevitable, and must be considered within the context of the overall investment return. B. Return on Investment The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The market-average rate of return is defined as the average return' on three-month U.S. Treasury bills. Whenever possible, and consistent with risk limitations, as defined herein, and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return. 2 CITY OF TEMECULA INVESTMENT POLICY V VI III IV 'SAFEKEEPING OF SECURITIES To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including coli.ateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures, i.e., the City's safekeeping agent will only release payment for a security after the security has been properly delivered. REPORTING Under provisions of Section 53646 of the California Government Code (attached), the City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, amount of deposit, current market value for all securities with a maturity of more that 12 months, return on the City's investment portfolio expressed as an annual percentage rate, yield to maturity, cash flow information demonstrating that the' City can meet its upcoming financial obligations, and such data as .may be required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The treasurer shall annually submit an investment report and a recommended updated Investment Policy to be reviewed and approved by Council. QUALIFIED DEALERS The City shall transact investments only with banks, savings and loans, investment security dealers and the State of California Local Agency Investment Fund. The dealers must be primary dealers regularly reporting to the New York Federal Reserve Bank. Exceptions to this rule will be made only after thorough research and documented confirmation of financial strength and reputation and after approval by the City Council. Investment staff shall investigate dealers. who wish to do businesS' with the City in order. to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and are recommended by managers of portfolios like the City's. The City shall at least annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. AUTHORIZED INVESTMENTS Generally, investments shall be made in the context of the "prudent investor" rule, which states that: "Investments shall be made with judgment and Care, under circumstances then prevailing, which persons of prudence, discretion, CITY OF TEMECULA INVESTMENT POLICY and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 53600 et seq (attached. Within the context of these limitations, the following investments are authorized, as further limited heroin: United States Treasury Bills, Bonds. and Notes, or those for which the full faith and credit of the United States are Diedgod for oavment of principal and interest. There iS no limitation as to the percentage of the portfolio which can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Obliaations issued by the Government National Mortoaae Association {GNMA). the Federal Farm. Credit Bank Svstem (FFCB), the Federal Home Loan Bank Board (FHLB). end the Federal National Mortgage Association (FNMA). Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 270 days to maturity or 40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. Commercial paper ranked "P1" by Moodv's Investor Services and "A1 +" by Standard and Poor's. and issued bv a domestic corporation having assets in excess of $500,000,000-and havina an "A" or better ratino on its lone-term debentures as provided by Moodv's or Standard and Poor's. Purchases of eligible commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation'S commercial paper. Maturity is not to exceed 180 days. Neootiable certificates of deposit issued by nationalIv or state-chartered bank or a state or federal savings and loan association. Negotiable certificates of deposit (NCDs)differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. If a rating service is used, the financial institution should maintain a rating equivalent to Keefe Bank Watch Service of "A/B" or better. To be eligible for purchase by the City, the NCD must be issued by: 4 CITY OF TEMECULA INVESTMENT POLICY A California bank rated "A/B" or better by the rating service of Keefe, Bruyette and Woods, (Keefe) or equivalent); A major national or regional bank outside of California rated "B" or batter by Keefe, (or equivalent); A.domestic branch of foreign bank ("Yankee") rated I for country rating, II or better for peer-group rating, and I| or batter .for dollar access by Keefe; or :. A savings and loan association operating in California rated "A/B" or batter by Keefe. Notwithstanding the provisions of Section II-A:2 of this policy, the maturity of bank NCDs shall not exceed two years; the maturity of savings and loan association NCDs shall not exceed two years. Transactions in' NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. Reourchase Agreements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days· The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 100% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement (haircut). In order to conform with provisions of the Federal Bankruptcy-Code which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shail be certificates of deposit,. eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States· No more than 50% of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Aoencv Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deoosits. The City may invest in non-negotiable time deposits collateralized in accordance with the California 'Government Code (attached), in those banks and savings and loan associations which meet the requirements 5 CITY OF TEMECULA INVESTMENT POLICY VII IX for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The issuer firm should have been in existence for at least five years. The City may waive the first 1 O0,0OO of collateral security for such deposits if the institution is insured pursuant to federal law. In order to security the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shalJ be..one year. In general, the' isSuer must h~ve a minimum 6% net worth to assets ratio or the minimum ratio' established by the Comptroller .of the Currency. The issuer~s operation must have been profitable during their last reporting period. Money Market Funds. Investing solely in U.S. treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations.' . To be eligible, these companies must have an investment advisor with not less than five years experience and that is registered with the SEC, has the highest ranking available as evaluated by a nationally recognized rating service, and with assets in excess of $500 million. IneliaBble Investments. Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds, zero coupon bonds, mortgage backed securities, common stocks and corporate notes and bonds are prohibited from use in this portfolio. SWAPPING OF SECURITIES A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale 'must be recorded. PORTFOLIO ADJUSTMENTS Should an investment Percentage-of-portfolio limitation be exceeded due to an incident such as fluctuation in Portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his decision, in part, on the expected length of time the portfolio will be unbalanced. POLICY REVIEW This investment policy shall be reviewed at least annually to insure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall-be responsible for maintaining guidance over this investment policy to insure that'the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. 6 CITY OF TEMECULA INVESTMENT POLICY .STATE LAW The legislated authority of the Fund is covered in Sections 53601, 53635, 53638, 53646, 53652 and 53653 of the Government Code. Enclosed are copies of the statutes which determine the maximum parameters of the Fund. It is the policy of the City Treasurer to comply with the State laws governing the Fund. 7 CODE § 53601 ~un~ su~ut ~e i,~ve ~ not m~ m~ey w~ it de~ ~e or ~t ~ . . (z) 3on~ ~u~ ~,nup~f ~p~ oe~ un~i~ ~ o~ by ~e ~ sfen~ ~ ~; dt~z~en~ (b) Uni~ S~ ~e f~ ud ~: a? ~e U~ S~ ~ p~f~ for ~ ~ ~ ~ and inuru~ solely ouc a~ ~e .venuu .? I~ zien~. ' ' .- . ~. ~j home 1~ ~ ~e F~ ~e ~ ~k ~ ~ T~t Vziltv sfU~s ~tu p~at ~ ~ s~t n~ ~f u ~ f~ ~ ~'s ~vu~ ~ ~ ~ S~ ~ P~r's ~ska · * · IMIUIO d~n ~ Im~ 89 § ~3601 CODE ~e ~er of ud~f's~e I ae ~~ ~s ~mer ~k~ ~nt may be u~ for ~k4n~ dti~. ~e ~ "~~" f~ ~ ~u ~ ~ ~~. o~n~ ~d o~f ~ ~e U~ Sm ~ bv d~sim~ ~u:~ iicm~ by ~e Un~d suom~mn ~ ~ n~ m z ~uf ~u~ o~ "A" or ~ ~ec or be~r bv mm~ of ~ ~e ~ ~ 2 (muff ~ ~n ~ To be' ~=le for ~ ~ o~e ~~ or ~m u~ s ~ m~z ~ ~ o~ s~mat of z not ~.-~t ~ ~ ~ ~ m a ~ ~ ~ ~ ~ ~ m~ ~ ~ s~e~ ~ ~e ~ ~ ~f for a {m) Nofas, bonds, or other obfina which sre st dl t~nes seenred by t vsiid Fn-st m. iori~r secv~w muresz m ~es oi me ~xs ,s~ iw 54cuon ~36&1 u e,eoie serJ~gu for ~e Underline mintis c~1nV88 or IoclltJons I;y amongmen· 90 GOVE.~N'MiN'-F CODE. § 53601.! wSmmmmm&liOltmmG .... LtdmWilamMAl2l~Gmam. lllLm. Tlak Smmmmm-LSmae 4,t m( Umim lidl immeWemm mmmmmmu m Semen A1135 m' am{_,_ -~admWmWmmimylmm~,tlmWUmmAi ~ ?llmmmdmmdemdy;emmmnU'(I) tramink Imgh mnm rammini Immm ramTee mner Imarerm Jamum-F k 19f7. ka t,ldm tad Iramine emnm~ fu.~t. t~) mmmm Imm'i3 mmmmmmm ,Smmmiemm &1441 mad 13LI& mf Umm ~,~.n- m~m(3),a&,b,~timmm,mlmr~gL~ vmimlmmm&mmmim~31Oimm'tamC ...... fCm:m.u m~Smmmu lmZ.m'mimlmiiL&md&mmm e(llm(:d, '~.mll, alam~meed llF.Samuem$aeal/,ol' · e(~Z,1K ms mtimmSmmmimmm k~Lk3J. ma.4.Z of tladm, Ibe met I i e( ~mm, 1917. ~ lIT. me p,meffmMati jr ."mllekmmfenabl 1917. cllT. rmilm mo mmmmmi, uamm. me ,.....;.~m ~§ iefmmtAm. A,' ~ , * W' tJ~l amet~ml k? S~S&Agf~. g. 74|. t l; mmm am mk,y~dmm&J~83,&2t7, ! IJ. amm f~amf Cmmmram ~ mm 2 r.m ,~ ~' ', M.N). -- am 2.Cd. Adm. Caee tJbwI, Rdm 1MeemamatPlimmt'l*m,m,W,,i,} § &3IOT.L Investmet In fin&n~mi futmmrm or ff~ olmUon coat:ram The such~C~ of · iocmJ mfenrr to immvut fta pingmac m Section P2601 immures, in m~ caraforiu enumtmted in that sec~on. (Added ~ Sta, r, sJ. gS3, c. 534. | L."mm'r Itdmemm · · ~mmmm emt~4'A · C,T..~'Commm J 2:19. Aaferatm · · * Indialie diefin ~ &,.aAeb..ern 91 § 53601.5 OY'ER,NMZ.','T COD; § S3H2.1. Hearing oil, crde oil. or ramOne htur~ authorbade of in~itment by Southern California Rapid ?ransit DiaLtics: relmr~ duration o( mesSon. (&) Noc~thssxudhf uy ocher pnwbjon d ebb ardch, tim Board o? Direc~ d the .Ca~oru~ h~ici Taft DiscCo, wire the disceke hu me:my in · siking fund eL or n~.,~'u money the money Wi,Ah it. determine m be w~se ami t=tM~'ent in fun cnomacu ia hef~uf oil c','de oi~ · or fuoiine on the Hew YoHc Morgag3a F, zciuafe. (b) The * * * annul heal audit of e,e dismet shall · * * ~ · mlag * * * in a senann sec~on on any. investmeg m pu:sua:n m ~a (a~. · - (c) ~s see_on shaft remain in e~ec: only unu] January I, lfig. and ~ have no fern or el. Tee: on or L~ar ~."At ~ uJm · Lttdr tnac:~l mint& whkh b enacrd:l balers Janurn'/l, 1H9. ~ieras or erdnU tUA date.... (.&.mem~i by Stau. lH6, c. SOS, J 1: Sm.u. LqB?, t"102~ f ~.) """ ·" D,madon of Section · ii-' 5,c:~on .~YBO~.I ~ A~f;f y&o fo.rcf or effect !;F ~ rdR trrm~ ms or W4.rr YGw. l. I.gIA '. f S360L Deposit o.r lectlfi~e2 L~___'pR daleelaine of TAt legisJadve body 0f · logs1 a4ency my d~ fox' aahkeg ,rkh · federa~ or sca, u* mocb~on Cos defined by S4t~on 5102 of the Fmane~ Code).; ~ con;u7 or · m or thenof w~tAia titis auto. or viLh any Fede~ Rase'~ ~ or w~ ~ m or nz:attt hank located huy tit7 .designAted u · reserve eim/bT the Beard d Gevemom d the Federal Resewo System. the beNtf~ norale, b,~s, debenmna, eblifaUons, ctrt~ma el indebtednose, ,ru.mmr.~ or other ev~dencu of indaknadam h which the money ~ the loeaA afen~ b inyesr, ad pax,Anne. arm~e or pu:suant to other bgisiacive anchority. The local quey safl toke from ~ baneful insstation · ~ fo~ Mazities no dopesind. ~ne anGhoz:ity d ~ iefisb~ve body m dmit for sahkeepmt my be ddefumi by the lefbAu~ve body m the. mu.m~ d tb~ Jocal .slucy; the m,u=tr ~ noc be ruble* for .s~.'* de~.. to. and renirdd. for by · mCmuon un-n they m vildrSwn 'frum r, he ~q---ciaJ inszimdsm'by the mensurer, (Amended by SLtt=.lgLfa, c. 983, J 1'1', urguey, eft. SeF- 2S, 1HS.3 AItTICLE 2. DEPOSIT OF FUNDS · 53632.5 ~OV~,;.~Z,NT CODE 22 Dt~in~on of ~oun~ m h dt~ h ~ 2 The ~usurc :h:ll dem~zine'~e uso~u of money ~ k k~ u ~%. :~e~ '~ ~ f~ u ~IL ~I .~ ~u~f ~ ~ i ~e m~ ~ ~ ~ ~, ~u~f money ~ ~r, ~m o~me ~ ~ ~e it~ ~ ~ m S~on ~60L mz7 be ~venu~u~l ~ m~ nnD~ ~ o~d ~ ~s ~ s~ o~ ~y s de~en~ ~) U~ S~m T~ ~ b~ ~ or ~nm ~ ~b~m, or ~e for whi~ (~ b~ ~uu ~u ~ ~ w or ~ of ~ ~ ~r bona ~n~tl~ or ~ by ~ !o~ qen~, or ~ z de~e~ ~ ~, or zu~,~ bznks,' :,aar~l home inn b&uks, r~e FederAl Home _Lash Bink, Lbe Tennessee Vslley Au~ancy, or in . obfiiz~ons, ;nz~sr~o~, o: oGher m:-,mum oL or iss'~ed by, or f411y raszuzaec~ as :o m.ul ud in:ares: b3', ~he Feder&i Hs~onzi ]~onTsEe Associz~u: or in ~m:anmed Wrens o~ Sn~l Busam Adminiszzz~on.noms: or in obfiZsuons, psnXi;n:ion~ or order insmenu oL or iuued by; ~'e~jerli a~Jzcy or ·Unitad StUdS Zov~,,,sAt-qxmsored ~ (~ B:ls o~ ~Ze ff ~me d.-~t: d~zses on ud m~_~-~r~d by · ~.,,,.~--:-: b~z:k. otherrUe know'a u bsasksrs Mulmnmu. which m efttibia ~or pztz-..bs:e by Use Fedeni bsn 5yszam. of.tmUm MCElpl:ZiCM my m. ezumt 2'tO day1 mszzzz~ or 40 pearaiL o~ the sltncy's sur~iu funds which my be mud ;mrsunu uz U~s sec~o~ However, no mo~ '~,~ 30 perczuL o~ aCene/~s rarVh~ hn'Cis my IX mud in the .bsnkes -.--:-punus o~ shy ou commcUzi This subdivision does not In·dude · muniei~si utfii~- disz.-~'fzmu invm';.nC shy surplus money in its usssm~ ia azrj, mazmer sumoriud by '.be Mm~itm Utiliq, Dism~ Aer,. Dirism (f) ~ pope, of "Wtme' qgafity of Ute hi~hesz r, wk~qf ef o~ the hjfhest leazr snd nommmJ rasf u provided for by bloody's invasms Serfira, inc, oz, Studard Md Poor's Carporscioa. EliTsble lmlxr is fr. her iimitmi 'ta is·aT mrpmsckm r. bst. :n ~ znd mt~f withim Use U~itmi Sum snd !mini tomJ msssts in tress of fwe lmn~"mt million doUArs ($,r~O.OQO.O00) &rid hsvinf te -A- er hither rsraf for Un issuer's debt. oUm- ~ mmm~ ~ say, u prffUted for by Moody*s Jeers 5et-~-L [nr.. or StazmLa~ sod F~or's Plum:i~,mm of dir3mk ~ ~ ~tper my uoC zm:xd 180 cisys m4mm~ nor ~prtmu: :.~-w r, Un Un~erttno indicates mar~e~ or ·cla~Uons by amen.merit 94 CODK § 53635 I0 peruant of '.he ouu:;n~bq' paper o[~; ~~ do~wefh~ s~fe m~ o~ ~e am ~ut ~ ~ ~ 3Z ~ "~o~-efhud ~oni; b~ ~u o~ napkin ~m o~ ~ my nat zfu~s su~iu muey w~ my ~,~ ~c m · ~01 ~ ~;ur 4 o~ ~ I d D~a 2 of ~Uo ~ apt ~ ~ ~t ~ ~u~ s~ be ~ aftc~ ~mf b~ ~ ~ ~e ~ ~ ~ ~m mi~f er by z s~a or f~e~ ~ ~ ~ a m~ o? ~e le~ employee o~ ~%e ~M~e o~, ~W's o~ b~ au~ by ~ s~ m Mat u ~e p~ of ~ ~a solely ~ supplement ~e ~ma ~ly ~ ~ ~me ~ byemane i z ~vana ~ EoT book en~ d~v~. ~e ~ '*~~* for ~e · eomer ~ a ~e ~~ · ~~ ~s ~t ~mt or ~tkepmf da~ut my be u~ ?e p~'defiv~ of~e ~d~f s~, a~mea s~l be fu one 7~ or ~ ~e ~ "~' ~or Ou ~d f~ x sp~ ~uL . ~ nd ~2f ~ ~ U~ S~ ~ ~ d~ m~m~om I~ ~ ~e Cnited Sm~ or ~,s~te ~ mint ~b ~e g~ 5~. Nora ~ ~g saran. 'P~um 'o~ '~m am my ~ of b a / ~e 1 (~m~f e b ~umaat ;tm ~ ~~ ~m ~,: eke at ~ (l~ ~m~u my ~ ud ~' not ~ ~ ~ ~ ~ s~s s~iu m~ w~ my be 95 .j. § 53835 GOVER,('CODE ~t oust o~ s~,~f J~ afl~ oe~a~ 'tAm s~U~ m~( u ~i~l qlllve~ or ~K tn~ m~ ~e ~Y ot a ~t ~v or ~e ~t ot~ent not ~ M~ ~e ~u~ of ~e s~ ooOn~ aria ~e s~ m ~u M~ ~e m~lnu of me UniCorn ~mm~at ~e or ~e~i l~ J ~ S~ ~ I~. J ~ ~ Ja LlSa S~986, c T~, j 3; J ~ ~e J~ L Di t~ ~ ~. J .~ ~ ~ IT.' DIS; mmJz L ~: S~ ~ ~. J ~ S~- ,qe. ~ J ~ o~v. j~ mtof Lbis m by J 2.~et'akMs. tgl3. r, JM. faiWmtmmmWmmaumttmpmmq,mimmm(J4of mare mmmimm of me teIMi&tarm. mm ~ ~"~-~ emmaSat mine &lm,IMved of A..~a,. ~ 31 (llla), lmmm pnmvy taBuam kdd Jume ISIS Xdpsistiem ..... ~- '.' , of dds m i~ f ttJ o~ S-**'ifia, 'L'" fi3. fmm'Xmi mhmmmmmalmmmmm mofl Ammmmmsoft.blsmniambyJ 3...Sm(Smu. ltlLc. TI.t. - 'A ~ q d ~ m W S~lt~. ~ 141.; ~ ( ~ S~i91~ k U~ J ~ ~ltlL ~ U3. J 4.~: ~e ~ .. * ~ W~ ~ J 3~, covz:..'e4~.',rr CO'D'K § ~.t640 t S3GT. Selection of de;osit.v./. Toe money shsJI k '. s m~oe o~ me ~nN ~t ~mz~ or suOl~ § 5:JS3& ~s.v. imum deposits (&) The deposh shsIZ at ~ ~e shmhoac's ~n ~ ~y d~ b~ For ~t ~es fc) ~.e dealt m ~t sa ~nu of ~ ~ ~ ~t u~u shell not ~d ~e ~ a~ ~e ~mmu~ mnt~ taft ~t~ of ~e M ~. n O~ ~ ~Je ~ ~e ~mmuszon- '~ :v jaw. . .' ImL ~ .... _ ~ ~ Su~ ~ z~ t C Su~ ~ ~ ! 9M J Sls4s. Dawsit by trusursr " ' .. Tim Inu~Lrur my depmiL my psr~ o~.t~ money u arreei u~n i~tw~sn t. hs n'sssurer ar.d '~e danesirate. ULmen~i b7 SUc~tn3. c. ZOO. f e; SUe.In& c. 248.. ! ~)'-' "' J ~3647~, Intmm$ on b&il rrmner on dmposi$ La~H~f.y let~eam Ne el DmmmUiemm Cmmmm,"s rmUmmm W' ;nmm, m~ minemind mint ask kid dm .:.. .: : · i 53S48. De~mmila and nnu"ar..a lmmuant Lo fadm. ml law:jr r4ie ' 'NocW~:As~I ~ ~ tim Wmmw my dqmmit mourn i~. and mar kmo mn~'~3 vi~, rata or :ntimm bank. nmn --'e,~m or fmmierai -qe,.~Qn. or fmslerml or mum cn~i*. "_man.' · Imu~---c to a ~mdmrmi law ~ · rme o~ · laotrmJ ..~mfft oraWmcr mopra~ progut m ~a ~w moneym b7 any of ~e foilGw~r. (a) Banks which arm Ft~raJ Rdmer~l Sptmm mm:nim,'x or whose depal/la Izt inmurmi by F~ Dmpomit Xamm-am Coqmxt~m~, · ° ... "(*o1 h~n umociacicim or fmitrmJ ---e~,je-* which arm f~lma'&i borne loan b*,k m~bmrm or whome mm'm mmam iff~edm-d Smvinp amt Lman ~ C, mrlmrmmm-~ (eJ St3tl m' ~'g'dB"~ ~ llr. lm~ wht)le mnTI aN' ~ ~N' ~ NItllmlai Crll:Ht Union Imw~nce Fund or tma:utmmt bY me Califorma Crm~it Umon Shah Gomranrr ~ol'~on~n or :rmurt~ ~ or flllzlnrlld l~a,Julllt to Secl:loll 14~51 o( ~!e Fbllnl:ilJ CtMI. rollIll · nllnll~mr of UIe tel:uial~'e ·boUv of z Joclj aftlily. or u tmlolovel of me sollunlsgl-A~ve offj~l, mllr's Offict mailtet of~jcm. mmditor.~-mssrulieft o[23eL w nlmmuZQfs off'me m[ f~e ioell gemmy, miraram serves on me m of difl~torl. or ally cmllllztlTr~l I~WmlIIM ~ tile ~ ef ~ or ~e ~"L~lt mnlml~ or ljkSM Lmmim~m. 1.$11 ! ..' mfiiem It i . d mkim rammira M' Stmm..lfi4. r, ill. 't 7. 'Z'~mmmmm me M,m'mm W' ,mk~A.. Nm. 31 (llla'l. 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J tt .. f UF3. w,ive of e J MtSL Andtwizst~a for holdinZ d mcuzity by afem of delsodtarT: qmsu of delmsitorT~ ' mmsritim subject to order of depmito~ an fa) At rb time the trmsmm. ann into · ranusa My.h tIM dwlr" _ ~ she sMJl su-,homa Use qat o~ depssim~ desitmsrad by ~se d.eWsimry, d.e:L-s:nem of I:b de~a_ '--_ ) m~J,/vhen ae~Fm/ie r,o bodt the ~ tud. the depositor% :o hoJd securities o~z,~ d.emm/tm7 in -~-~evit. ts ~ srzkle mmemmUm dq~sao~ttm ioalat~.. Fr&nczsu. wines rove o~m imt~ mY Use smarttar au~,~orP.~ Dv ~nmtrwj m Mg U aau~ o~ (d '~, mu,j~ m sub~ m order o~ Um depmiim-y in -.--..dua whsn ms [~ ,,.Xd6~ of sssbdimims (B o( Seam $3661 snd 5e.~s (Amendtd by ,cmLL~gl6. c. lZ3~ j 23.1 Undernne Inehmtu c~msgm or MallIrons tzy 8rnenclmsnt ITEM NO. 5 APPROV/~r. CITY ATTORNEY FINANCE OFFICER CITY MANAGER . CITY OF TEMECULA AGENDA REPORT TO: City Mana er/Ci.ty Council FROM: Grant M. ~Financial Services Administrator DATE: March 23, 1993 SUBJECT: Risk Management Claims Settlement RECOMMENDATION: That the City Council grant the City Manager the authority to r.eject claims made against the City and be provided with settlement authority up to $1,000. DISCUSSION: In an effort to streamline the claims process, staff is recommending that the City Manager be granted the authority to reject claims made against the City and to be given authority to settle claims up to $1,000. The City Manager will only reject claims that are warranted for rejection as recommended by the City:s claims examiner, Carl Warren and Company. The City Council has indicated previously that this recommendation will be acceptable as long as staff adheres to the following guidelines: Staff will provide the City Council with a quarterly report on all claims 'made against the City. This report will highlight any settlements reached by staff that are less than $1,000. All settlements will be highlighted on the List of Demands as the Council approves payment of such claims. The City Council will continue to be briefed in closed session regarding claims which are of a serious or controversial nature. Fiscal Impact: The intent of this policy is to streamline the claims prbcess and the related amount of staff time, thereby reducing the cost of processing a claim made against the City. IT'EM NO. 6 APPROVAL CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager .. /r~/Tim D. Serlet, Director of Public Works/City Engineer' March 23, 1993 Addendum to Emergency Funding Agreement with Riverside County Flood Control and Water ConServation District PREPARED BY: Raymond A. Casey, Principal Engineer, Land Development RECOMMENDATION: That the City Council: Approve Addendum No. 1 to the Emergency Funding Agreement ("AGREEMENT") with the Riverside County Flood Control and Water Conservation District ("DISTRICT") to limit the maximum amount payable to the DISTRICT's Contractor to $600,000; Require the Contractor to provide Faithful Performance Bonds; 3. Authorize the Mayor and the City Clerk to execute Addendum No. 1 to the AGREEMENT; and Al~proptiate an additional $300,000 to Acct No. 001-166-999-5420 from General Fund Unreserved .Fund Balance. BACKGROUND: On February 2, 1993, the City Council approved an agreement with the DISTRICT to reimburse the DISTRICT for all construction costs associated with the emergency work to remove sediment and debris from within Murrieta Creek in the City of Temecula. The DISTRICT agreed to perform certain wdrk, including contracting for the emergency and remedial/restorative work under this Emergency Construction Agreement, and the City agreed to reimburse the DISTRICT for said work. The City, pursuant to recommendations from the State Office of Emergency Services (OES) related to eligibility requirements ~or Federal Emergency Management Agency (FEMA) Funding, desires to establish a maximum amount payable to its contractor and to require a faithful - 1 - pwO 1 \agdrPt~93%O323%rcfemer.agt 0315b performance bond equal to that maximum amount payable under their Addendum No. I and No. 2 to their Emergency Construction Agreement dated February 2, 1993, The DISTRICT desires thatthe City, as party to the AGREEMENT, approve Addendum No. 1 to conform to the recommendation of OES and to the DISTRICT'S addended agreement with thei~ contractor. Staff recommends that this Addendum No. I to the AGREEMENT be approved and executed as requested by the DISTRICT and attached hereto. FISCAL IMPACT: Addendure No. I limits the construction expenditure to ~600,000. It is necessary to appropriate an additional $300,000 for Murrieta Creek Cleanup from General Fund Unreserved Fund Balance. ATTACHMENTS: 1. Addendum No. I to Emergency Funding Agreement 2. Attachment "A" - Emergency Funding Agreement 3. Attachment "B" - Addendum No. 1 to Emergency Construction Agreement 4. Attachment "C" - Addendum No. 2 to Emergency Construction Agreement -2- pw01%agdrpt~,93%0323%rcfemer.egt 0315b This ADD~NDU~ NO'.' 1'TO EMERGENCY FUNDING AGREEMENT, and between the RIVERSIDE .COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the. CITY' OF TEMECULA, hereinafter oalle~i "CITY", is hereby made and entered .into as follows~ A. DISTRICT and CITY are par~ies =o an EMERGENCY 10 . FUNDING AGREEMENT, dated ~ebruary'. 2, -1993, Whioh' establishes ~he 1! mechanism by which CITY will reimburse DISTRICT for costs incurred in connection with emergency construction work to remove 13 sediment and debris accumulation from within Hurrieta Creek.; and 14 15 16 19 B. In order that CITY may be eligible for subsequen~ reimbursement fr.~m ~he F. ederal Emergency Management Agency ("FEMAe).~ CITY has requested DISTRICT to amend ~he EMERGENCY AGREEMENT between DISTRICT and DZSTRICT*S contraotQr, heretofore included as Attauhment cA" to this agreement, in order to (i) provide. for the establishment of a maximum amoun= payable to the 20/contractor,..and (ii) .require the 21 performance bondsy and contractor to furnish faithful' 22 C. DISTRICT and its contractor have agreed to amend 23 the EMERGENCY AGREEMENT as set forth herein. 24 25 NOW, THEREFORE, in considera=ion of the premises and mutual covenants and conditians hereinafter seU forth, the 27J EMERGENCY.FUNDING.AGRaBHENT dated February' 2, 1993,'is hereby amended as follows: - I - 9 10 11 14 ~8 19 21 25 28 1. The EXERGENCY A~ between DISTR2CT and i~s oontractor, dated Fetmuaz7 2, 1993, has been amended by DISTRICT and its contractor to specify a maximum amount payable to the contractor, and to also require the contractor .~:o furnish faithful performance bonds. TWo' amendments to agreement have , been executed by DISTRICT and its contractor in order to accomplish the aforementioned, and are entitled ADDENDUM NO. 1 TO EMERGZNCY CONSTRUCTION AGREEMENT,. which is attached hereto as ., Attachment "B'~ and ~hereby made a part hereof, and ADDENDUM NO. 2 TO E~m~3ENCY CONSTRUCTION ~, which is attached here=o as Attacheant "C" and thereby made a par= hereof. Accordingly, all reference t~ EMERGENCY CONSTRUCTION AGREEMBNT shall .also +include reference to said ADDEND~M NO. I TO EMERGENCY CONSTRUCTION' A~, and sai~ ADDEND~M NO. 2 TO EMERGENCY CONSTRUCTION AGREEMENT, in each a~ every respect. Except to the extent specifically added, deleted, modified or amende~ hereunder, all =he terms, covenants, .and conditions of the EWe~GENCY FUNDING AGREEMENT, dated February 2, 1993, shall remain hereto. // // in fullforce and effect between the pa~ties 1 4 10 ll 13 14 16 18 19 20 21 22 25 24 2~ 2~ 2~ 28 iN WITNESS WHEREOF, '.~.he'par?.ies hereto have executed :hAs agreament on (to be ~ill$~ in by clerk of ~J~e Board)' RECOMMENDED FOR APPROVAL: RXVEi2IDw CO~TY FLOOD COFI~Ot MeD W:M~IR C2~I~ItVITION DISTRICT KEN2IXTH L, ~DWJW, DS. General Hanage, a:-ChieZ EngLneer · ' APPROV~D' AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel Chairman, Board of Supervisors ATmS : GERALD A. NALONEY Clerk of =he Board By Deputy By Deputy Dated (SEAL) RECOMMENDED FOR .APPROVAL: By City Engineer Dated APPROVED AS TO FORM: By City Attorney CIT~ OF f~l. lall"z.~ By Mayor City Clerk (SZaL) AGR2~747 B~FRiMDR: bjp 03/15/93 -- 3 - 1 2 4 5 6 8 9 10 1! 12 13 14 '15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~MER6ENCY FUNDING AGREEMENT The RIVERSIDE COUNTY'FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the CITY OF TEMECUL~, hereinafter called "CITY", hereby agree as follows: RECITALS A." DISTRICT' and CITY, due to the deVaStaeing' flooding which just recently occurred-along the Murrieta Creek'in the City of Temecula, desire to cooperate in expediting the performance of emergency flood protection and. remedial/restorative work along Murrieta Creek as set forth herein; and B. DISTRICT ia willing to (i) perform all necessary engineering design work, (ii) obtain all required permits, (iii) enter into and administer an emergency construction agreement, and (iv) to perform survey, inspection and construction staking work, all as necessary to accomplish the critically needed emergency flood protection work; and C. CITY is willing to reimburse DISTRICT as set forth herein, for all payments made by DISTRICT to its contractor pursuant to that ;certain EmergenCy COnstruction Agreement, dated February 2, 1993, hereinafter called "EMERGENCY AGREEMENT", which is attached hereto substantially in final form as Attachment "A" and thereby made a part hereof; and 'D. It is in the best interest. of the pubIlic to proceed with the subject emergency flood protection work as expeditiously as possible. IT IS THEMFOE, mutually agreed to as follows: - i - 1 2 4 5 1. It is intended that all vegetative debris removed from within Murrieta Creek as part of the emergency flood protection work be stockpiled at specific locations as specified in the EMERGENCY AGREEMENT. CITY shall obtain'all rights of entry as,may -be required for such stockpiling of material, as well as all other rights of entry which may be required for the performance of the work provided herein, all at' its solecost and expense. DISTRICT shall not assume any obligation nor responsibility whatsoever, for. subsequent disposal of the stockpiled material. 2.. CITY shall grant, by execution of the agreement, all rights which may be necessary for DISTRICT and its contractor to perform the emergency flood protection work within'CITY rights of 6 8 9 10 1t 12 13 14 15 16 17 18 19 way. 3. DISTRICT shall perform all necessary engineering design work, at its sole cost and expense, as required to accomplish the'emergency flood protection and remedial/restorative 'work provided for in the EMERGENCY AGREEMENT, hereinafter called "EMERGENCY.WORK". 4. DISTRICT shall obtain, at its solecost and expense, 2O-.al! permits and environmental. clearances as may be required for 21 22 23 24 25 26 27 28 EMERGENCY WORK. 5. DISTRICT shall administer theEMERGENCY AGREEMENT, and perform all construction staking and construction inspection at its sole cost and expense. 6. DISTRICT, in accordance with the EMERGENCY AGREEMENT, is to make weekly progress payments to its Contractor..At.'the time- that DISTRICT receives each corresponding weekly invoice from its - 2 - 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 ~ 20 21 22 23 24 25 26 27 28 agents and whatsoever, contractor, DISTRICT shall forward a copy of same to CITY and CITY shall reimburseDISTRICTthe full amount as stated on each invoice, Within fourteen (14) days'therefrom. Due to theuncertainty of the extent and overall cost of EMERGENCY WORK, CITY reserves the right to terminate its obligation herein to fund EMERGENCY WORK,.by providing seventy-two (72).hours written notification to DISTRICT. In such event, CITY shall nevertheless retain its obligation to reimburse DISTRICT for EMERGENCY WORK costs pursuant tothis Section 6, which are incurred' by DiSTRICT during said seventy'two (72) hour notification period. 7. CITY personnel may observe and inspect all work being done in connection with EMERGENCY WORK, but shall provide any conents to DISTRICT personnel who shall be responsible for all communication with the contractor. DISTRICTshall indemnify and hold CITY, its officers, employees free and harmless from any. liability based or asserted upon any action or omission of DISTRICT, its officers, agents, employees and independent contractors of any kind or nature relating to or arising from the construction of EMERGENCY WORKwithin DISTRICT'S property or rights of way, save and except claims or litigation arising through the negligence or willful misconduct of CITY. Further, DISTRICT shall defend, at its expense, including attorneys' fees,' CITY, its officers, agents and employees in any claim or legal action based or asserted upon such acts or omissions. 9. CITY-shall indemnify and hold DISTRICT and the County - 3 - 1 2 4 5 6 .7 8 9 10 !1 ~2 13 14 '15 16 17 18 19 20. 21 22 23 24 25 26 27 28 of Riverside, their respective officers, agents, employees and independent contractors free and harmless from any liability, claims, judgments or demands for property damage, bodily injury or death (CITY'employees included) or any Other element of damage of any kind or nature, arising directly or indirectly out of the obligations hereunder undertaken or by.the operationS. conducted by DISTRICT 'with regard to the =construction and inspection of EMERGENCY WORK located within the City of Temecula and CITY use of DISTRICT property or rights of way, save and except claims or litigation arising through the sole active negligence or sole willful misconduct of DISTRICT. Further, CITY shall defend, at its expense, including attorneys' fees, DISTRICT and the County of Riverside, their respective officers, agents, employees and independent contractors in any claim or legal action based upon such alleged acts or omissions and will make good to and reimburse DISTRICT and the County of Riverside for any expenditures, including reasonable attorneys' fees, DISTRICT and the County of Riverside may make by reason of such matters. 10.'Any notices ..sent or required to 'be sent to. either party shall be mailed to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA AND WATER CONSERVATION DISTRICT Attention: City Engineer Attn: General Manager-Chief Engineer 43174 Business Park'Drive 1995 Market Street Temecula, CA 92590 Riverside, CA 92501-1719 11. This agreement is the result of negotiations between the parties hereto, 'and the advice and assistance of their - 4 - 1 2 4 5 6 8 9 10 !1 12 14 15 16 17 18 19 20 21 22 24 25 26 27 28 · respective counsel. The fact that this agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this agreement shall not be construed against DISTRICT because DISTRICT prepared this agreement in its final form. 12. · Any waiver by DISTRICT or by CITY of any .breach by the other of any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or of CITY to require exact, full and complete compliance with any term of this agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from enforcement hereof. 13. This agreement is intended by the parties hereto as a final expression of their understanding withrespect to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. This agreement shall not be changed or modified except by the written consent of both parties hereto. //' - 5 - 1 2 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on - . (to be filled in by Clerk of the Board) 4 .RECOMMENDED FOR APPROVAL: 6. K~E~' L. W ' General ManagersChief Engineer 7 8 9 10 !1 12 APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel Dated RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ATTEST: GEmua A. m ONE C1 rk the ~oa BY~~T 13 14 15 16 17 18 19 20 RECOMMENDED FOR APPROVAL: City Engineer' Dated ~~ APPROVED AS TO FORM: By ' '. City .Attorney ATTEST: 21 AGRMT739 22 MDR:seb 01/28/93 23 24 25 26 27 28 - 6 - 2 16 17 18 19 20 ADDEND~M NO. I TO EMERGENCY CONSTRUCTION This ADDENDUM NO. t -TO. EMERGENCY CONSTRUCTION AGREEMENT, by and between the RIVERSIDE COUNTY. FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereina. fter called "DISTRICT", and MIKE MONTELEONE EXCAVATING, hereinafter called "CONTRACTOR", is hereby made and entered into as follows: A. DISTRICT and" CONTRACTOR are parties t~ an 'EMERGENCY CONSTRUCTION AGREEMENT, dated February 2, 1993, which establishes the terms and conditions by which CONTRACTOR is to perform certain construction work to remove sediment and debris accumulation from within Murrieta Creek; and B. DISTRICT desires to establish a maximum amount payable to CONTRACTOR under the terms of this Agreement; and~ C. DISTRICT has requested and CONTRACTOR is willing to provide, a faithful performance bond written in an amount equal to one hundred percent ( 100% ) of the maximum amount payable to CONTRACTOR as set forth herein. NOW, THEREFORE, in consideration of the premises and mutual covenants' and. conditions" hereinafter · set forth, the .EMERGENCY coNSTRuCTION 'AGREEMENT, dated February 2 ,. '1993, in hereby amended as follows: 1. The total amount of compensation payable to CONTRACTOR in performance of the work as set for=h herein, shall be limited to the amount of four hundred thousand dollars ($400,000)J unless otherwise approved in writing by the General Manager-Chief Engineer of DISTRICT, prior to commencement of any such additional work. - 1 - ! Under no circumstances however, shall the maximumamount payable to 2 3 CONTRACTOR exceed five hundred thousand dollars ($500,000), unless a written amendment to this Agreement is executed by both parties 4 hereto. CONTRACTOR shall provide DISTRICT: upon execution of 8 7 this ADDMUM NO. 1 TO EMERGENCY .CONSTRUCTION. AGREEMENT ("ADDENDUM NO. 1".), with a faithful performance bond written. in..~he amOunt'of 8 9 four hundred thousand dollars ($400,000), which is equal to one hundred percent (100%) of the current DISTRICT estimated cost to !! 12 i~ complete the work pursuant to this agreement. In the event that such maximum amount is increased in accordance with Section 1 of this ADDENDUM NO. 1, 'CONTRACTOR shall provide 'DISTRICT with additional faithful performance bond(s), written in the corresponding increased amount. The surety, amount and form of all faithful performance bonds to be furnished by CONTRACTOR shall be subject to the sole approval of DISTRICT. Except to the extent specifically added, deleted, modified or amended hereunder, all the terms, covenants, and conditions of the EMERGENCY CONSTRUCTION AGREEMENT, dated February2, 1993, shall 20 =!' remain in full. force and. effect' between 'the parties hereto. 2i .; / / 22" II 25F 26¸ 27 28 - 2 - 10 1!. ;! 12 16 17 18 19 21 ~, 23 2~ 2~ 28 IN WITNESS WHEREOF, the parties hereto have executed this agreement on (to be filled in'by Clerk of the Boardi RECOMMENDED FOR APPROVAL: RIIFERSlDE COUNTY FLOOD CONTROL AND WATER CONSERVI&TION DISTRICT KENNETH L. EDWARDS' General Manager-Chief Engineer APPROVED AS TO FORM: By Chairman, Board of Supervisors ATTEST: WILLIAM C. KATZENSTEIN County Counsel G:ER~LD A. MALONEY Clerk of the Board By Deputy By Deputy Dated: (SEAL) MIKE MONTELEONE EXCAVATING MDR:seb AGRMT746 02/22/93 By Title (NOTARY) Mailing Address: 3524 Briggs Murrieta, CA 92563 909/676-3033 Contractor's License No.' 442360 - 3 - 8 !0 11 '-12 14 16 18 and CON2E!~ATION DZSTRICT, hareinaftor called "DISTRZCT., between the RIVERSIDE COUNTY FLOOD CONTIK~L aND WATER MOHTELBONE EXCAVATING, hareinafter called "CONTRACTOR", made and entered into as fOllc~s: and MIK~ 4s hereby X. DISTRICT and CONTRACTOR are parties "to '.an EMERGENCY CONSTRUCTZON AGRIXMI~qT, dated February 2, 1993, and a cez~cain ADDEND~M NO. 1 TO BMERGENCY CONSTRUCTZON AGRE~~ dated March 2, 1993' (aADDENDUM NO. l'), which together establish the terms and conditions by which CONTR&CTOR is to perform, and receive compensation Zor# certain construction work. tc remove sediment and debris accumulation from vithJ~ MXrrieta Creek; and B. DISTRZCT and CO~I~XCTOR desire to increase the maximum . amount payable to CONTRACTOR under the terms of this Agreement; and NOW, TRBRBFORE, in consideration o: the premises and mutual covenants and oonditicns herelnafter'. set forth, the EMI~GENCY CONSTRUCTION AGReemENT, dated Felr~ary 2, 1993, and, the ADDENDUM 19 NO.' I'.TO EM~CY CONSTRUCTION AGREBfKNT, dated March 2, 1993, are '. hereby amended as foil0ws:' 2t 24 1. Section 1 of ADDENDUH NO. 1 is hereby replaced i~ its entirety as fellowes The total amoun~ of compensation payable ~o CONTRACTOR in performance of the wo~k as se~ for~x harein, shall be limited to the amoun~ of. six hundred ~housand dollars ($600,000). -1- 1 4 7 8: sn~:tret~ as Section 2 of kDDINDUN NO. I is hereby replaced in its ~ ' ~~~ 211 Fovlde DIS~ Wt~ a ~atthZul ~~nce ~ ~ttt~ in ~e ~t o~ ~o~ hunted ~~ dollars C$400,000). ~e ~e~, ~o~ ~d all Zai~Zul p~o~qnc:. ~nb ~ ~ Z~nished ~~R 2~1 ~ s~ect to ~ 8ale apeoval DZ~~. 9 Exoep~ ~o 1:he ex~en~ specifically added, deleted, madiliad 10 or amended heraunder, all the terms, c:venan~s, and oOnditions o£ 11 i the EIk(BRG~NC, Z CONSTRUCTTON AGREEN:!DIT, dated Fel:xz~m_--y 2, 1993, and 12 the ADD~NDTJ)( NO. I TO :D[ERGENCfZ CONSTRUCTZON Af;Y~*m~NT~ dated Narch '2, 1993, shall remain in full force and effect 'between the parties 14 hereto. 15 // 16 // I! 21 24 ~ 1 ?7 10 15 20 24 26 28 the parr. lee hereto have executed 'cht. s agTemment on &lID II'A~Bt 2QIIIIiVA2'ZOl DZIi'IZO'I' KlanqlTHL. EDWARDS General lenager-ChieZ Engineer L~ROVE~ ~ 'WO ~1~: VaLLZXa C. X. XTZZNSTrY. N County Counsel Board of Supervisors GERALD A. HALOKEY clerk of the B~ard Deputy Deputy MDR:e~b · 03/15/93 Title (NOTARY) Mailing Add~esss 35245 BriggS !lttrriet~, CA 92563 909/677-6403 C0ntreotorss License No. 544670 ITEM NO. 7 APPROVAL CITY ATTORNEY FINANCE OFFICER CIT~ MANAGER -~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /r~Tim D. Serlet, Director of Public Works/City Engineer March 23, 1993 Substitution of Storm Drain Improvement Bonds in Tract No. 23267-2 PREPARED BY: ?~Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council accept Surety Bond for the improvement of Storm Drain Systems in Tract No. 23267-2 as substitute for bond on file in the Office of the City Clerk, and to direct the City Clerk to release the original bond. BACKGROUND: On February 25, 1992, the City Council approved Final Revised Vesting Tract Map No. 23267-2-and entered into subdivision agreements with: -The Presley .Companies 15010 Avenue of Science, Suite 20i San Diego, CA 92128 for the improvement of streets/drainage, sewer and' water systems, and survey monumentation. The majority of the Faithful Performance and Labor and Material bonds were furnished by The American Insurance Company; the only exception being the Storm Drain Improvement Bond which was furnished by the American Motorists Insurance Co. Presley Companies is in process of changing sureties and thereby providing substitute Faithful Performance and Labor and Material Bonds on each project previously assured by the American Motorists Insurance Company. City Council on February 9, 1993, accepted such substitute bonding for Tracts No. 23267-1 and 26861-1. -1- pwO1\agdrpt~93\0323%23267-2 031 la The bond on file as furnished by American Motorists Insurance Company is: Category Storm Drain Bond No. 3SM 771 551 00 Faithful Performance Amount ~648;424 Labor & Material Amount $324,212 The bond offered in substitution by the American Insurance Company is: Bond No. 111 1925 7175 Category Storm Drain Faithful Performance Labor & Material Amount Amount $648,424 $324,212 While the streets and related improvements are not being accepted at this time, the streets within the subdivision are Corte Bravo, Corte Christina, Via Quivera, Corte Camellia, Via Lucia, Corte Alegra, Via San Carlos, and a portion of Via Cordoba, Via Del Coronado, and Via Saltio. FISCAL IMPACT:' None. ATTACHMENTS:' Surety Bonds Vicinity Map -2- PwO1~gdrpt%93%0323~23267-2 031 la r- WA-"'--r---- ! / g2 9~~ '5 · 4 ~ COI~0 O0 184 C INITY M MD'T' TO SCALE VICINITY MAP CITY OF TEMECULA Bond #1j1 1925 7175 Premium: $5,836 SUBDIVISION FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and ~ PEESLEY COMPANIES (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Project TKACT 23267-2 , is hereby referred to and made a part hereof; and - WHEREAS, Principal is required under the terms of'the agreement to furnish a bond for the Faithful performance of the agreement, NOWTHEREFORE, wethe Principal and ~F. 'At~RZCAN ZNSUILLNCE C0MPA.N'~ as Surety, are held and firmly bound unto the City of Temecula, California 'in the penal sum of $ 648,424.00 lawful money of the United States, for the payment of. such sum well and tru;y to be made, we bind ourselves, our heirs, · successors, executors and administrators, jointly and severally, The condition of this obligation is such that the obligation will become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the-City of Temecula, its officers, agents and employees, as therein stipulated; otherwise', this obligation shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses' and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation., all to be taxed as costs and included in any judgement rendered. "The surety hereby stipulates and agrees that no change, extension df time,' · aiteratjon or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway 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 agreement or to the work or to the specifications, :BND-003 I 08114/90 CITY OF TEMECULA SUBDIVISION LABOR AND MATERIALS BOND Page 2 IN WITNESS' WHEREOF, this .instrument has ben duly executed by the Principal and Surety above named, on October 26, , 19 92 . [SEAL] '. [SEAL] ATTORNEY IN FACT ACKNOWLEDGMENT -STATE OF CALIFORNIA ~ n, County of 0P~NG~ 1992 . before me. a Notary Public in and for said On this 26th d~y of October , in the year OP, ANGI~. _County, State of California, residing therein, duly commissioned and sworn, personally appea~ed V'[ CTORT,~ M. ~AIvFP~F..T.T. '~1 penenagy'knewa to me, ['l Frored to men the bads of satid, aegot7 evtdenc~ to be the person whose name is subscribed to this instrument as the =ttorney in fact of and acknowledled to 'me thst i'] he i'~ sine subscribed the name of TI:11~. A1v[~.l~l: CAN TNS13'P, ANCF. COMPANY thereto surety, and ["] hil (:~ bet ow~ name as attorney in fact. ,~ T~ ' ' V . · ........... .......... ~ ~/::!.'~ :':. KATHLEEN VIODES ~ Nota~/Public : !~' :': NOT RY PUBLIC CALIFO NIA STATE OF CALIFORNIA } SS. COUNTY OF SAN DIEGO } o. //-/o - , before me, Nancy J. Webb, a Notary Public in and for sa;d State, personally appeared 4~mr. 'l ' ~ Hm~le ..-- and John H. Nabore, Jr., personally known to me (or proved on me bass of satisfactory evidence) to be the persons who executed the within instrument as ,~ Pemaidanl ~nd Vice President on behalf of the corporation therum named and acknowieclged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. IN WITNESS THEREOF, I have hereunto set my hand and affixed my official in and for said County and State, the day and year first above written. FOR NOTARIAL STAMP CITY OF TEMECULA SUBDIVISION LABOR AND MATERIALS BOND Page 2 IN WITNESS WHEREOF, this instrument has ben duly executed by the Principal and Surety above named, on Octobe= 26, , 19 92 [*SEAL] [SEAL] By: .~.2tt~rney_in:Fa~t~/1 V I CTO~I~aMm~ )CAKPB ELL Address: 17542 E 17th Street Tustin, CA 92680 ( Attach Acknowledgement ) PRINCIPAL TEE PRESLEY CON2ANIES By: ~ (Title) By: (Attach Acknowledgemerit) APPROVED AS TO FORM: ( Name ) (Title) SCOTT F. FIELD City Attorney 011111190 Bond #Ill 1925 7175 CiT"Y OF TEMECULA Premium included in Performance bond SUBDIVISION LABORAND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and ~?HZ PKESLF. Y COI~ANIES {hereinafter designated as "Principal" ) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 and identified as Project TRACT 23267-2 ; iS I~ereby referred to and .made a pan hereof; and WHEREAS, under' the terms Of said- agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part ~ of Division 3 of the Civil Code of the State of California; and NOW THEREFORE, wethePrincipal and THE AMERICAN INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ 324,212,00 , lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with .respect to such work or labor, that Surety will pay the .same in an amount not exceeding the amount set forth, As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such.obligation, all to be taxed as costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 Icommencing with'Section 30'82) of Part ~ of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. if the. condition of this'bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bone, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. 08114/90 CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND Page 2 'IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on occobe= 26, , 19 92 . [SEAL3 [SEAL]' ATTORNEy IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA t ss. County of OR*x~lqG~'- '26th day of October . in the year 1992 . before me. a Notary Public in and for said On this 0RA_~GE County, Site of California. residing therein. duly commissioned and sworn, personally appeared VICTORIA M. CA.H"PB;-T.T. ' g]l~traewalome'l''jprefedt°meeutlebeb°fdacteryevideuce to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that I"} be ~;] sbe subscribed the n~me of T!ql= AMlr!~Tr'~Iq IN~T. Tg~NC~ C0tvrP-61T~ thereto as surety, and F'} his ['J] her own name as attorney in fact. ~ IN W|TN]=-SS WHEREOF, ! have hereunto set my hand and stlixed my official seal. the day and * * * v . ........................................................................... /~ OFFICIAL SEAL i ;; *-~--, .. :,=~ K~THLEEN VIeDES ,~ * :.; ~Iz**:TARY PUBLIC-CALIFORNIA:: K~.. ~:~? PRINCIPAL OFFICE IN ~* My commission expires ~ *ORANGE COUNTY MY C0,~MISSION EXPIRES ~AY 4 1994 STATE OF CALIFORNIA } S$. COUNTY OF SAN DIEGO } Public in and for said Slati, personally appeared ,h.. 741 F'. Ilevde...3n and John H. Nabors, Jr.. personadly known to me (or proved on the basis of salisfactory e~ndence) to be ~e persons who executed the wilttin instrument as 9i, P-Wae~ *Pt -:AFt and Vice President on behalf of the corporalion therein named and acknowtedged to me that such corporation executed the within instrument pursuant to its bylaws or a resol~on of its 8oegl of Directors. IN WITNESS THEREOF, I have hereunto sat my hand and affixed my official seal, in and for said County and State, the day and year first above vmtl~. Y commlsmon ex FOR NOTARIAL STAMP CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE.BOND Page z . IN WITNESS WHEREOF, this instrument has .been duly executed by the Principal and Surety above named, on October 26, , 19 92 . [SEAL] [SEAL] Tustin, CA 92680 Attach Acknowledgement ) PRINCIPAL By: IAttadq Acknowledgemerit} APPROVED AS TO FORM: (Name) (Title) '! SCOTT F. FIELD City Attorney ]lNZ)-Oo3 2 oe11419o ,~rrom,r~ , THE AMB~CAN INSURANCE COMPANY · · KNOW ALL MEN BY 'rHg~E PRESgN'~: That TX-I~.A~!ERICAN INSURANCECOMPANY, a C. orporauon inc~r~orat~d under the Inws of the State of New Jersey on February 20, 1~6, and redomntieated to tl~ Stat~ of N~ru~a on June t, 1990, a~t ha~ng its OnnoDal of~c~ in me City of Omal~, Stat~ of Nebraska, hu maaeo consUtuted gnd app~nted, ~nd doa by thes~ pr~senu make, ~onsnmte and a~nt --VICTORIA. M.-.CAMPB~-~----- ~ m~t~bindtheC~t~~ufu~yandt~th~san~extentas~su~xmdsw~si~n~dbyt~Pr~sid~nt~m~~~f~ ~nanadulya~. by its S~n~try, hg~l~y~and~ffrmin_~gll. thatti~said~s)4n=Fa~tmydo in t~.pr~mim~. .'r~is Ixnve~ of aztorney is ~ranmd punimit to Artie~ VII, ~'ons.45 and 46 of By4aws ofTH~ AMF=RICAN INSURANCE COMPANY now in full foree and eff~.' '. ' ' - ' Sealran 45. AM#alder. Tin Chalnmmm of the Beerd of i~ me P~ mint Via~-Ptuideag or aa~ outer penore am by rise Board of I~orm, tie 4~-i--,-- of ~ Beard of Discnots, fine l~ or am/Vk~ my, tram ~ to time, m Residerot Aadsuml .~ and Attb,_.;_ ~-t~mlo ~m~mas~l m foru~i ou Im~alfofUmCoflmemhn udAImm~oa~xs~legat Immma~l ~~f~ ~ ~ of ~ ~don. ~ ~ of g~m~ ~ ~ ~ ~ ~ ~ ~ ~e au~ of ~ fo~ R~n ~ ~ ~ ~ of ~ of ~ ~~ · ~n me ~ ~ ~OF, ~ ~~ ~~ COMP~ ~ ~ ~m ~n m ~ ~ ~ iu r~~ md iB ~ ~ m ' ~h~o~f~m~ ~s~ ~of ~e' lg 90 ,. By v~ STATE OF CAL~ORNIA } ss. COUNTY OF MARIN Ontl~ ] ~r ayof THnm 19 ~o _ ~~y~ R.D. F~wonh to ~ ~. w~o, ~g ~ m amy ~. ~ d~ ~ a~ ~ ~ ~ ~~ of ~ ~~ ~~ ~. ~e C~ ~m~d~~of~of~of~~~he~n~~e~ IN WITI~S_~-WHF. REO F. ! have hereunto Mt my hand and &ffix~t my offidal ~ zim day ~nad'ye~f hexen fn~x abo~e. i"" '" .........--" J. NL ~ANDEVORT NOTARY PIJSUC- CALIFORNIA ..m. Prmcml Of Ka io Mann i :l:,teasfl--,ses0mM_.'fnsus: $T. ATEOFCALIFORNIA I n, COUNTY OF MARIN I, tl~und~,~,M, R~t~nt~~n'~a~fTI~AM~RICAN n~'URANC~COMPANY, i 'NEBRASKA ~ DO da~f~retmafama~n~d~FATT~RNLrfrmammfu~fm~andhasmabetnrev~d~mi:amiftmJ~nn~reUxat~~~f~ B~Lxws~fthecc~p~r~tima*andtheRem:dutima~fthe8~ard~fDirmct~setf~rminUaeP~w~fAu~m~aren~wmf~ ~t~danamd~a**m, Cou~orMar~Da~dmt 2~Ch ay~f October - t~ 92 .. 360711-TA-6-~0 (REVI ITEM NO. 8 TO: FROM: DATE: SUBJECT: APPROVAL CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning~'~2' · March 23, 1993 Status Report on.Regional Air Quality Program Implementation Requirements PREPARED BY: David W. Hogan, Associate Planner RECOMMENDATION: Receive and File PURPOSE: The 'purpose of this Agenda Report is to inform the City Council about ongoing regional air quality management' program activities which are expected to affect the City this year. BACKGROUND; The South Coast Air Basin has been designated a nonattainment area for Ozone (O3), Carbon Monoxide (CO), an~l Particulate Matter (PM~o). Because of this, the South Coast Air Quality Management District has prepared an Air Quality Management Plan to improve regional air quality. The Plan requires local governments to take steps to reduce the number and length of local vehicle trips to reduce regional air pollution. In response to these requirements, the Western Riverside Council of Governments (WRCOG) and it's member .agencies have. developed a sub-regional approach. to air quality implementation programs.. The City Council previously adopted a resolution supporting WRCOG's sub-regional approach and air 'quality activities.' DISCUSSION: To assist local governments in meeting their trip reduction goals, the District is in the process of developing a Handbook for Preparing Local Government Trip Reduction Ordinances. A second draft of the document was released in January, 1993. The Handbook is intended to provide guidance and instructions to local governments on how to prepare local trip reduction ordinances. Specifically, the Handbook provides standardized information on the effectivbness and utility of the various transportation control measures (TCM's) which are assigned to local governments. The draft Handbook is currently being reviewed by local governments and interested groups. S~.STAFFRPT~AIRQUAL CC 1 1 The handbook identifies 33 specific TCM's to address ell or some of the local commute, non- commute work and/or non-work trips which begin in a particular jurisdiction. The Handbook also identifies three types of daily vehicle trips. The three types are: commute trips, non- commute work trips, and non-work' trips. ~Commute trips represent the vehicle trips which carry people to and from work. Non-commute trips are the daily work trips for deliveries, pickups, and meetings. Non-work trips are vehicle trips which do not relate to a person's employment. According to studies performed by the Air Quality Management District, only 31% of all vehicle trips are commute trips and 8% ,are non-commute work trips. The largest trip category are the non-work trips, which comprise 61% of all trips within the region. The draft Handbook contains 33 transportation.control measures. Staff has reviewed the Handbook and has identified 22 measures which may be appropriate to the City of Temecula. Many of the Transportation Control Measures which' are not feasible for the City at this time are because Temecula is not located along a proposed regional transit corridor. The potentially feasible TCM's and the type of trips which they could reduce are listed in Attachment No. 1. In addition, to meet the 1994 trip reduction targets it will probably be necessary for the many of these TCM's to apply to existing as well as future development. The schedule prepared by the Air Quality Management District envisi~}ns that cities will notify the District relative to which measures they intend to adopt by June 30, 1993 and to have Ordinances in place by the end of 1993. The City of Temecula will be assigned a number of vehicle trips to be reduced by 1994. According to preliminary information, the City will probably be expected to eliminate between 1,000 and 1,200 vehicle trips per day by 1994. The exact methodology for disaggregating the trip reduction targets (assigning trips to each local government) is still being evaluated by WRCOG. As a result, it is not possible to determine what the actual impact of this requirement will be on the City of Temecula. If local governments do not enact adequate trip' reduction ordinances, the District will implement a "backstop rule" to meet trip reduction targets. The backstop rule will be a regional ~egulation which will apply only in those jurisdictions which have not adopted an adequate Trip Reduction Ordinance. The District will begin the process of preparing the backstop rule later this spring. FISCAL IMPACTS: The costs of implementing.this program are unknown at this time. ATTACHMENTS: 1. List of Potentially Feasible Transportation Control Measures - Page 3 S~STAF-~IRQUALCC1 2 ATTACHMENT NO. I POTENTIALLY FEASIBLE TRANSPORTATION CONTROL MEASURES ~ S~'STA~IRQUALCC1 3 ATFACHM NO. 1 POTENTIALLY FEASIBLE TRANSPORTATION CONTROL MEASURES TRANSPORTATION CONTROL MF-ASURE Bicycle 'parking facilities Pedestrian and bicycle paths Shower facilities Bicycle route system Extend Regulation XV to employers with less than 100 employees Extend Regulation to multi- tenant work sites Rideshare vehicle parking spaces Passenger loading areas Design parking areas for vanpool vehicles Use of excess parking spaces for Park-n-Ride lots Transit improvements Employment center shuffle service to activity centers DESCRIFHON OF MEASURE .Require bicycle lockers and. f~cilities" for all non-residential development as a percentage of automobile parking Require pedestrian walkways and bicycle paths to connect all non- residential buildings'. Require shower and locker facilities in non-residential development Establish a bicycle route system which is consistent with SCAG's Regional Mobility Plan Require Trip Reduction Plans for employers with less than 100 employees Require Trip Reduction Plans for multi-tenant work sites Require reserved parking spaces for van and car pools : Require preferential.loading and. unloading areas for vanpool vehicles Establish design standards for vanpool parking areas Require additional parking for Park- n-Ride use Require bus pullouts, pads and shelter for all development Require new non-residential development to contribute to lunch- time or all-day shuttle service to activity centers PRIMARY TRIPS 'AFFECTED Commute Commute Non-commute Non -work Commute Commute Non-commute Non-work Commute Commute Commute CommUte Commute Commute Commum Non-commum Non-work Non-commute Non-work S%STAFF~IRQUALCC1 4 TRANSPORTATION CONTROL MF~ASURE Housing subdivision shuffle service to employment centers Housing subdivision shuffle which accesses transit facilities Commuter Information Center Allow supportive commercial and service uses Allow housing in commercial development Home-based tele6ommuting programs Telecommunications centers Alternative work. schedule Teleconferencing Reduce parking requ'.tyements DESCRIFFION OF ~ASURE Require new subdivisions to contribute to lunch-time or all-day shuffle service to employment centers Require new subdivisions .to contribute to shuffle service to wansit facilities ' Require employee with less than 100 employees to provide or participate in a cenWalized commuter information area to coordinate ridesharing and provide public education materials Require new residential subdivisions to include supportive commercial services in the project Require new commercial development to include residential uses in the project Require employers with less than 100 employees to provide telecommuting programs for their employees Require new subdivisions to pwvide or contribute to a telecommuting center Require 'employers with less than. 1 O0 · employees to implement alternative work schedules Require new employment centers to include teleconferencing facilities Reduce parking space requirements for non-reiidential development PRB,IARY TRIPS AFFECTED Commute Non-commute COmmute Non-commute Non-work Commute Non-work Commute Non-work Commute Commute Commute Commute Non-commute Commute Non-commute. Non-work $\STAFFRFT',AIRQUALCC1 5 ITEM NO. 9 APPROVAL CITY ATTORNEY .~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: · CITY OF TEMECULA AGENDA REPORT City Council/City Manager : . Tim D. Serlet, DirectOr of Public Works/City Engineer' March 23, 1993 Completion and Acceptance of Traffic Signal Modification at Winchester Road and Jefferson Avenue, Project No. PW92-11 PREPARED BY:. Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council accept the Traffic Signal Modification at.Winchester Road and Jefferson Avenue, .Project No. PW92-11, as complete and direct the City Clerk to file the Notice of Completion. BACKGROUND: · On December 8, 1992, the City Council awarded a Public Works Construction Contract to Alexander Traffic Signal/Lighting Company in the amount $14,590 to modify the traffic signal at Winchester Road and Jefferson Avenue by replacing the existing type 90 Controller with a type 170 Controller. The contractor has completed the work in accordance with the approved plans and. specifications within the allotted contract time. · FISC'AL IMPACT: . The project was constructed ·within the contract amount of $14,590 awarded by the City Council. pwO4\agdrpt%93%O323%pw92-11 .acc. 0315b RECORDING REQUFeeTED BY AND RETURN TO: CITY CI.BIK CITY OF TEMECULA 43174 BushBee Pek Drive Temec:ule, CA 82590 SPACE ABOVE THIS UNE FOR RECORDER'S USE NOTICE OF COMPLETION k NOTICE IS HEREBY,GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter des(~ribed, 2. The full address of the City of Temecula is 43174 Business Park Drive, Temecula, California 92590. 3. -A Contract was awarded by the City of Temecula to ALEXANDER TRAFFIC SIGNAL/LIGHTING COMPANY, INC. to perform the following work of improvement: PW92-11 TRAFFIC SIGNAL MODIFICATION AT WINCHESTER ROAD AND JEFFERSON AVENUE. 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 MARCH 23, 1993. That upon said contract the 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 PW 92-11. 6. The street address of said property is: INTERSECTION OF WINCHESTER ROAD AND JEFFERSON AVENUE. Dated at Temecula, California, this _ day of · 1993. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS JUNE S. GREEK, City Clerk' I, June S. Greek, 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 day of · 1993. JUNE S. GREEK, City Clerk Forms/CIP-O01 Rev. 12-5-91 pwO4%pw92-1 l\completn.not 031593b. ITEM NO. 10 APPROVAL CITY ATTORNEY FINANCE OFFICER_.~P CITY MANAGER CITY OF TEMECULA AGENDA'REPORT TO: FROM: DATE: SUBJECT: 'City Council/City Manager Tim D. Serlet, Director of Public Works\City Engineer 'March 23, 1993 Award of Contract for the Traffic Signal Installation At Winchester Road (HWY 79N) and Margarita Road (Project No. PW92o08) PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Award a contract for the Traffic Signal Installation at Winchester Road and Margarita Road, Project No. PW92-08, to Lekos Electric, Inc. for $101,999.99, and authorize the Mayor to execute the contract upon receiving Caltrans approval; and Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,200.00, which is e.qual to 10% of the contract amount, for a total of $1.12,.199.99. BACKGROUND: On May 26, 1992, the City Council approved the agreement for professional traffic engineering services with J.F. Davidson Associates. One of the professional traffic engineering services that J.F. Davidson Associates provided was the design of the traffic signal at the intersection of Winchester Road (Hwy. 79N) and Margarita Road· The project includes installation of a four-way signal that will be interconnected with all signals east of I-15. The engineer's estimate for the project is $126,500 which include~ the traffic signal poles and controller. Staff obtained the traffic signal poles in advance due the time constraints on this project with City Council approval. Also, Staff required that Caltrans, and not the contractor, supply the controller and it's appurtenances because Caltrans has these items in stock ready to be tested and installed. -1- PwO4\agdrpt%93%O323%pw92-O8.awd 0315b Ten bids. for the project were publicly opened on March 11, 1993. as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10. Lekos Electric, Inc ................ $101,999.99 Paige Electric Company ......... ~ .. $105,380.00 DBX, Inc ...................... $106,000.00 Paul Gardner CorpOration . ....... '... · $'108,965,C~0 SuperiOr Signal Service Corporation' . .. $109,888.00 Sierra Pacific Electric ............. $110, 184.00 F. J. Johnson, Inc ................ $115,624.62 Hovey Electric, Inc ............... $118,886.00 Steiny and Company, Inc ..... · ...... $121,788.00 Macadee Electric Construction ....... $131,069.00 The bids received were The construction schedule is for 20 working days, with work expected to begin in early April and completion in early May. A copy of the bid summary is available for.review in the City Engineer's . office. FISCAL IMPACT: The project is being funded through the Federal FY91/92 Surface Transportation Program (STP). STP funds have been allocated in the amount of $150,000 for this project, which will · be administered by Caltrans. -2- PwO4%egdrpt%93%O323%pw92-OB.ewd 0315b CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW92-08 TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION WINCHESTER ROAD (SR 79 NORTH) AND MARGARITA ROAD THIS CONTRACT, made and entered into the 23 - day of Narc]~ ,1993 , .by and between the City of Temecula, a municipal corporation,. hereinafter referred to as "CITY"; and T-;:~nS ~-~-~C, ~C., A C-AT.~.R)~rrA COR~'ORA'rTON , hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW92-08 - TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION - WINCHESTER ROAD (SR 79 NORTH) AND MARGARITA ROAD, Insurance Forms, this Contract, and all modifications and amendments' thereto, and the latest version of the Caltrans Standard Soecifications and Special Provisions for PROJECT NO. PW92-08 - TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION - WINCHESTER ROAD (SR 79 NORTH) AND MARGARITA ROAD. Copies of these Standard Specifications and plans are available from the publisher: State of California - Department of Transportation Center Publication Distribution Unit 1900 Royal Oak Drive Sacramento, CA 95815 The Standard Specifications wilt control the general provisions,. construction materials, and . construction methods for this Contract except as amended by the Plans and Specifications of this Contract. 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 Plans or Specifications describe portions of the work in g~nerai 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 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 pe~'form everything required to be performed, shall · provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transpodation services required for the following: PROJECT NO: PW92-08 TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION WINCHESTER ROAD (SR 79 NORTH) AND MARGARITA ROAD All of said work to be performed and materials to be furnished shall be in strict accordance'~ith 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. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum ~ '.', ,~ ~e.. ~ .':,:e:,:,:e:,:,:,:,:,: ,:, :, :~;,:e:~:,:~:,:,:,: e?: -'.~.';'~..4~:: .-. = = = = = = x = x = = = = x ttr'u',~k-~k'e~"u'=ixLlL-v4,'-e*,dlli/ One Hundred One Thousand !line Hundred lllnet:y !llne Dollars and ll:[.net:y lllne Cent:a ($101,999.99), the t::ot:al amount of the base bid, CONTRACTOR agrees to complete the work in a period not to exceed NINETY (90) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by wdtten order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS/ACCEPTANCE OF WORK. The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last day of each month. 'The CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to the AGENCY for approval by the tenth day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full ten percent (10%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Upon completion of the work, the CONTRACTOR shall so notify the Engineer in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit "CONTRACTOR'S AFFIDAVIT", and post a six (6) months Maintenance Bond.' Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work ~'n accordance with the terms of the Contract. If he finds materials, equipment, or workmanship which do not meet the terms of the Contract, he shall prepare a preliminary punch list of such CONTRACT CA-2 items and sul:~mit it to the CONTRACTOR. Final determination of acceptability shall be made by the CITY. Upon acceptance of the work, the CITY shall file a Notice of Completion. The conditions of the guarantee shall commence on the date that the CITY flies a Notice of Completion. The CITY shall make final payment to the CONTRACTOR in the manner prOvided by law following the expiration of thirty;five (35) days after filing the Notice of Completion. The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of Two Hundred and Fifty Dollars ($250.00) per day for each calendar day .completion i~ 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. Unless a shorter.time is specified elsewhere in this Contract, on or before making final request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, ~r type of workman needed to execute this Contract, from the Director of the Department of I~dustrial 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 adoptedprevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1'775, !7.767 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 $50.00 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. LIABILITY INSURANCE. CONTRACTOR, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of.this Contract.' CONTRACT CA-3 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. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea Of Ignorance of conditions that· exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations' or reports prepared by CITY for purposes of leffing this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or re.presentatives has offered or given any gratuities or promises to C!TY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other puerperal of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her 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 ~ontract, CONTRACTOR shall file with the City Manager his 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. CITY MANAGER. Whenever the phrase "City Manager" is used in the Agreement or in any document incorporated within this Agreement by-reference, it shall mean and refer to the City Manager of the City Of Temecula, or such person as the City Manager shall designate in writing, CONTRACT CA-4 SIGNATURE OF CONTRACTOR Corporations: The signature must contain the name of 'theC0rporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in .lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office. Partnerships: The names Of all persons c. omprising the partnership or co-partnership must be' stated. The bid must be signed by alj partners comprising the partnership unless proof in the form o.f a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. Joint Ventures: Bids submitted as joint ventures must so state and be signed by each joint venturer. Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of.' attorney is on file in the City Clerk's office, in which case said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. SUBSTITUTED SECURITY. In accordance with ·Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by the CITY to ensure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall' be deposited with the CITY or with a State or Federally chartered bank or an escrow agent who shall pay such monies to the CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attomey's Office. RESOLUTION OF CLAIMS. Any dispule or claim arising out of th'is Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code. 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. UTILITY LOCATION. CITY acknowledges its' responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. CONTRACT ; CA-5 REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. TRENCH PROTECTION AND EXCAVATION. -CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: (i) The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (ii) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or (iii) Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. Pending a determination by the CI.TY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. CITY shall promptly investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required'for, performance of any part of the work, then CITY shall issue a change order. In the event of a dispute between CITY and CONTRACTOR as to whether the coriditions materially differ, or involve 'hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed· under the contract. CONTRACTOR shall retain any and-all rights which pertain to the resolution of disputes and protests between the parties. · INSPECTION. The work shall· be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the 'safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notWithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not; and agrees that it Will not, discriminate in its employment practices on the basis of race, creed, religion, national odgin, color, sex, age, or handicap. CONTRACT CA-6 GOVERNING LAW. This Contract and any dispute. arising hereunder shall be governed by the law of the State of California. 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: . Tim D. Sedet, Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 I'N WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By: Pdnt or type NAME DATED: Pdnt or type TITLE CITY OF TEMECULA By: ' J. Sal Mu~oz. Mayor ', APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-7 ITEM .N'O."I 1 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: 'City Council/City Manager Tim D. Serlet, Director of Public Works\City Engineer 'March 23, 1993 Award of Contract for the Traffic Signal Installation At Margarita Road and La Serena Way (Project No. PW92-06) PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: e Award a contract for the Traffic Signal Installation at Margarita Road and La Serena Way, Proje~:t No. PW92-06, to Signal Maintenance, Inc. for $118,398.65, and authorize the Mayor to execute the contract upon receiving Caltrans approval; and Authorize the City Manager to approve change orders not to exceed the contingency amount of $11,839.87, which is equal to 10% of the contract amount, for a total of $130,238.52. BACKGROUND: On May 26, 1992, the City Council approved the agreement for professional traffic engineering services with J.F. Davidson Associates. One of the professional traffic engineering services that J.F. Davidson Associates provided was the design of the traffic signal at the intersection of Margarita Road and La Serena Way. On January 12, 1993, the City Council approved. the installation of a 3-way stop to provide an interim measure prior to the traffic signal installation. On February 9; 1993 the City Council approved the constru. ction plans and specifications, and authorized the Department of Public Works to solicit public construction bids· The engineer's estimate for the project is $113,748.65. Ten bids for the project were publicly opened on March 11, 1993. The bids received were as follows: 1. Signal Maintenance, Inc..: ........ '$118,398.65 2. Hovey Electric, Inc .............. $120,435.00 -1- pwO4\agdrpt%93\0323%pw92-O6.awd 0315b o 4. 5. 6. 7. 8. 9. 10. 11. Paige Electric Company ........... $120,456.00 Superior Signal Service Corporation'-:'. ~122,676.00 Macadee Electric Construction ...... 9123,290.00 DBX, Inc ............ · ........ '. 9123,956.00 Paul Gardner Corporation ......... $124,869.00. Lekos Electric, Inc.' .............. 9125,658.00 F. J. Johnson, Inc ............... 9127,009.10 Steiny and Company, Inc .......... $127,337.00 Sierra Pacific Electrical Contracting .. $133,481.00 The construction scheduleis for 90 woFking days, with work expected t0begin in early April and completion in late August. A copy of the bid summary is available for review in the City Enginaer's office. FISCAL IMPACT: The project is being funded through the Federal FY91-92 Surface Transportation Program · (STP). STP funds have been allocated in the amount of 9115,000 for this project, which will be administered by Caltrans. Staff has requested additional Federal Funds from Caltrans for this project. -2- Pw04\agdrpt%93%0323%pw92-O6.ewd 0315b CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT . . FOR PROJECT NO. PW92-06 TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION MARGARITA ROAD AND LA SERENA WAY THIS CONTRACT, made and entered into the ?~ " day of N,.rch ,1993 ; by and betWeen the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and SZGI~A1. ~!AIlll'Slg~CS. 11iC.. A C, AI, lZ~Oi~IA CO!B'OItATZON , hereinafter referred to as · "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as .follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wi.t: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled' PROJECT NO. PW92-06 - TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION - MARGARITA ROAD AND LA SERENA WAY., Insurance Forms, this Contract, and all modifications .and amendments thereto, and the latest version of the Caltrans Standard SDecifications and Special Provisions for PROJECT NO. PW92- 06 - TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION - MARGARITA ROAD'AND LA SERENA WAY. 'Copies of these Standard Specifications and plans are available from the publisher: State of California - Department of Transportation Center Publication Distribution Unit 1900 Royal Oak Drive Sacramento, CA 95815 The'Standard SpeCifications will'control the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications. of this Contract. 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 Plans or Specifications describe portions of the work in g~neral 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 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 shal.I .perform everything required to be performed. shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility · and transportation services required for the following: PROJECT NO. PW92-06 TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION MARGARITA ROAD AND LA SERENA WAY 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. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: xxxxxxxxxxxxxxxxxxxxxx liF~.t, - ~ ~{~.~ xxx xxxxxxxxxxxxxx xxx xx~[Tt3,~1. xxxxxxxxxxxxxxxxxxxxxxxxxxxXxxxxxxxi,x I~.-,~,vi-m~,,g~d~.~x~,4~x~b One Hundred EiKhteen Thousand Three Hundred Ninety EiBht Dollars and Sixty Five Cents ($118,398.65), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed NINETY (90) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by'the City Council, except that the City Manager is hereby authorized by the City Council to make, by wdtten order, changes or additions to the work in an amount not to exceed the contingency as established by the City Councii. PAYMENTS/ACCEPTANCE OF WORK.' The text of Subsection 9-3.2 of the Standard SpecificatiOns is hereby deleted and replaced with. the following: The closure'date for the purpose' Of making partial progress payments will be the last day of each month. The. CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to the AGENCY for approval by the tenth day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full ten percent (10%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work.. Upon completion of the work, the CONTRACTOR shall so notify the Engineer in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit 'CONTRACTOR'S AFFIDAVIT", and post a six (6) months Maintenance Bond. Upon receipt of the notification. Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship which do not meet the .terms .of the Contract, he shall prepare a preliminary punch list of such CONTRACT CA-2 ,~=, ,,-'- ~t ,c -,uDr~',~i. ,[ [O fro ,..,vN ~ mAUi u~. F~na~ Oetermlnat~on of acceptability snail be macle by the CITY. Upon acceptance of the work, the CITY shall file a Notice of Complelion. The conditions el the guarantee shall commence on the date that the CITY files a Notice of Completion. The CITY shall make final payment to the CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion. The final payment shall include the entire 'sum found'to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of Two Hundred and Fifty Dollars ($250.00) 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 unforeseeabte 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. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation. under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the, Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of :the Department of Industrial Relations. These rates are on file with the City Clerk. Cop.lee may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a Copy of such wage rates at tM'e job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 0f .the .Labor Code, CONTRACTOR shall forfeit to the CITY, as a p'enalty,: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. LIABILITY INSURANCE. CONTRACTOR, by executing this Agreement. hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." CONTRACT CA-3 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. CONTRACTORrS INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may'be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engin.eer, or other puerperal of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her 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 his 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 aff.ida~/it covering disputed claims ~r items in connection with aStop Notice which has been filed under'the provisions of the laws of the State of California. CITY MANAGER. Whenever the phrase "City Manager" is used in the Agreement or in any document incorporated within this Agreement by reference, it shall mean and refer to the City Manager of the City of Temecula, or such person as the City Manager shall designate in writing. CONTRACT CA-4 SIGNATURE OF CONTRACTOR Corporations: The. signature must contain the .name o.f the. Corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board Of directors so authorizing them to do so is on file in the City Clerk's office. PartnershiDs: The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in-the form Of a certilied copy of a Certificate of part.nership acknow!edging 'the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. Joint Ventures: Bids submitted as joint ventures must so state and' be signed by each joint venturer. Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual. - The above rules also apply in the case of the use of a fictitious firm name. In addition, .however, 'wherethe fictitious name is used, it must be so indicated in the signature. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by the CITY to ensure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a State or'..Federally chartered bank or an escrow agent who shall pay such monies to the CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be alpproved by the City Attorney's office. · .: RESOLUTION OF CLAIMS.' Any dispute or claim arising-Out of .this Contract shall be arbitrated pursuant to Section 10240 of the California. Public Contracts Code. 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 pedormance 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. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. CONTRACT CA-5 REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. TRENCH PROTECTION AND EXCAVATION, CONTRACTOR shall submit its detailed plan for worker protection during the excavation-of-,trenches required by the scope of the work in accordance with Labor Code Section 6705. CONTRACTOR shall. without disturbing the condition, notify CITY in writing as soon as CONTRACTOR. or any of CONTRACTOR's subcontractors, agents. or employees have knowledge and reporting is pos.sible, of the discovery of any of the following conditions: (i) The presence of any material that the CONTRACTOR believes.is hazardous waste, as defined in Section 25117 of the Health and Safety Code; . . Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or Unknown physical conditions at the site of any 'unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. Pending a determination by the CITY of appropriate action to be taken. CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. CITY shall promptly investigate the reported conditions. If'CITY, through. and in the exercise of its. sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. In the event of a dispute between CITY and CONTRACTOR 'as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, dr time required for, performance of any part of tr'ie work, CONTRACTOR shall not be excused from any scheduled completion date. and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes 'and protests between the parties. -INSPECTION. The work shall be subject to inspection· and testing by CITY and its authorized representatives during manufactu~-e 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 practic=s on the basis of race, creed: religion, national Origin, color, sex, age. or handicap. CONTRACT CA-6 GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 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: Tim D. Seriet, Director of Public Works/City Engineer City of Ternecula 43174 Business Park Drive Temecula, CA 92590-3606 · IN WITNESS WHEREOF, the parties hereto have' caused this Contract to beexecuted on the date first above written. DATED: CONTRACTOR By: Print or type NAME Print or type TITLE DATED: APPROVED AS TO FORM: Scott F. Field, City Attorney CITY OF TEMECU. LA By: J. Sal Mu~oz, Mayor A'i'FEST: June S. Greek, City Clerk CONTRACT CA-7 ITEM NO. 12 APPROVAL FINANCE OFFICER "~ ~', CITY MANAGER_ ~[' "\ CITY OF TEMECULA AGENDA REPORT TO: 'FROM: City Manager/City Council City .Clerk DATE: March 23, 1993 SUBJECT: Reconfirmation of Local Emergency RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY RECONFIRMING THE EXISTENCE OF A LOCAL. EMERGENCY OF TEMECULA BACKGROUND: The provisions of Government Code Section 8630 require that "whenever a local emergency has. been proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body... ". The City Council took that .action at the meeting of January 19, 1992. However, the same Government Code Section 8630 also provides "...The governing body shall review, ·at least every 14 days until 'such local emergency is terminated, the need for continuing the local emergency...". In order to comply with this review provision, staff' will place'a resolution reconfirming the emergency.on your· agendas until the termination at the earliest possible date that conditions warrant. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF TEMECULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY WH.EREAS, Ordinance No. 91-34 of the City of Temecula empowers the Disaster Council/Disaster Director to proclaim the existence or threatened existence of a local emergency when said' city is affected or likely to be affected by a public calamity. and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within this city, caused by extreme rainfall and flooding commencing on or about 4:30 PM on the 16th day of January, 1993, at which time the City Council of the City of Temecula was not in session; and WHEREAS, said City Council does hereby fred that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, the Disaster Council/Disaster Director of the City of Temecula did proclaim the existence of a local emergency within said city on the 16th day of January, 1993. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. It is hereby recon~rmed that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City CounCil of the City of Temecula, State of California. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTRn, this 23rd day of March, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL) .~ Resos 294 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS · I, June S. Greek, City Clerk of the City of Temeeula, hereby do certify that the foregoing Resolution No. 93- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of March, 1993 by the following roll call vote. AYES: NOES: COUNCILMEMBERS:. COUNCmMEMBERS: COUNCILMFA4BERS: June S. Greek, City Clerk R~o~ 294 ITEM NO. 13 APPROVAL CITY ATTORNEY TO: . DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director o.f Public Works/City Engineer March 23, 1993 Award of Professional Services Contracts for Project Coordinator, Land Surveyor, and Soils Testing 'for Project No. PW92-05, Ynez Road Widening (CFD88-12) PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: Awa~'d Professional Services Contracts to provide services during the construction of the Ynez Road Widening Project, PW 92-05 located within CFD88-12, and authorize the Mayor and City Clerk to 'execute the following contracts: 1. J.F. Davidson Associates, Inc. for 'land surveying services in the amount of $54,187. 2. Law/Crandall, Inc. for soils testing and observation in the amount of $31,400. 3. NBS/Lo'wry as Project Coordinator in the amount of $130,320. BACKGROUND: Land SurvevinQ - Land surveying services for this project are chosen based on an annual list established by the Public Works Department, of firms qualified to perform surveying services. These firms are selected on a rotating basis for projects requiring surveying services. J.F. Davidson has provided surveying services for the City on previous projects and have performed well. They are also the design engineer for this road widening project and have an excellent working knowledge of the project and the area. Soils Testing and Observation - Soils testing and observation services are also chosen from an annual list established by the Department of Public Works and selected on a rotating basis. Law/Crandall, Inc. has also performed well on previous projects in which they have provided soils testing services. -1- Pw01\agdrpt~93~O323~ynez.awd 0316a Project Coordinator - The project coordinator for this project was chosen by soliciting qualified local individuals and firms to participate in an interview process. Six applicants were ranked by a panel based on their demonstrated ability and experience to coordinate the work required to construct the project. NBS/Lowry was chosen as the best candidate to provide the necessary services to coordinate the variety of construction activities for the duration of the project. Some of the Project Coordinator's duties will be to monitor the contractor's daily work on the project as well as the surveyors, soil technicians, and' utility companies. NBS/Low!~y has provided similar services for the City during the ramp and signal improvements on Rancho California Road and I-15. . · All of the above services, as well as those of the contractor, 'will be under the direct supervision of the Principal Engineer for Capital Projects for the entire contract period. FISCAL IMPACT: Funds for professional services to be provided during construction for this project are part of the first bond series for CFD88-12. Attachments: Contracts - J.F. Davidson Associates, Inc. Law/Crandall, Inc. NBS/Lowry -2- pwO1~agdrpt~93~O323%ynez.awd 0316a AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 23rdday of March, 1993, between the City of Temecula,. a municipal corporation, heroinafter referred to as "City" and J.F. Davidson Associates, Inc., a California corporation: heroinafter referred to as "Consultant". The parties hereto mutually agree as follows: SERVICES. · Consultant shall perform the tasks set forth in Exhibit "A" attached' hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. e PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto,. based upon actual time spent on the above tasks.. This amount will not exceed $54,187.00 for the total term of the Agreement unless additional payment is approved by the City Council; provided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day. of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. · SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon 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. Within thirty-five (35) days after .receiving an invoice .from the Consultant, the.City shall pay Consultaht for work done through the date that work is to' be ceased .pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. e BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms Of this Agreement, the City Shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. 2/forms/ARG-04 Rev 1/22/92 -1- pw01~cip~projects%pw92-OS~lendsurv.agt 031693a If the City Manager or his delegate determines.that the Consultant defaults 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 Consultam shall have ten (10) days after service upon it of said notice in which to 'cure the default by rendering a satisfactory performance. In the event ~hat 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 A0reement. · TERM. This Agreement shall commence on March 24, 1993, and "shall remain and continue in effect until tasks described herein are completed, but in no event later than March 24, 1994. Any. disputes regarding performance, default or other matters in dispute between the City and. the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbit~ator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et see. City and Consultant shall share'the cost of the arbitration equally. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings and notes 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. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent .contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant'$ officers, employees or agentS, except as herein set forth. The 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. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except 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 Consultam for injury or sickness arising out of performing services hereunder. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service' pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. 2/forms/ARG-O4 Rev 1 ~22~92 -2- pw01 ~cip~Projects~pw92-OS~landsurv.agt 03 10. 11. 12. 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. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such 'notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula, California 92590, and the Consultant at 27349 Jefferson Avenue, Suite' 115, Temecula, CA 92593, unless and until different addresses may be furnished in writing by either party. to the other. 'Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services· This shall be valid and sufficient service of notice for all'purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultam shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, 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, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance 'shall be included in the Contractor's bid. The Consultam shall provide the following scope and limits of insurance: A. Minimum Scooe of Insurance. Coverage shall be at least as broad as: Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office Form No. GL-0404 covering Broad Form Comprehensive General Liability; or Insurance Services. Office .Commercial. General Liability coverage. ("occurrence" Form No. CG-0001). Insuran'ce Services Office Form No. CA-0001 (Ed. 1/78) covering Automobile Liability, Code I "any auto" and Endorsement CA-0025. Workers' Compensation insurance as required by Labor Code of the State of California and Employers' Liability insurance. 4. Errors and Omissions insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. .. 2/forms/ARG-04 Rev 1122192 -3- PwOl\cip~projects~pw92-OS~landsurv.agt 031693a Cw Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers' Liability: Workers' Compensation as required by the Labor Code of the State of California and Employer. s' Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance: e. 1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000. must be declared to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. 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 to the City via United States First Class Mail. General Liability and Automobile Liability coveraqes. 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, lease, 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. With regard to claims arising from the Consultant's performance of the work described in .this contract, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any.insurance or self-insurance maintained by the City, its officers., officials,.employees or volunteers shall apply in excess of, and not 'cof~tribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, 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. Worker's Comoensation and Emolovers' Liability Coveraae. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. 2/form$1ARG-04 Rev 1/22/92 -4- pwO 1 ~agrnts~rnaeters~04 010493 Verification of Coveraqe. Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are' to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or 'shall furnish separate certificates for each subcontractor. All' coverages for subcontractors 'shall be subject to all of the' requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the.option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 13.. LICENSES. The Consultant and subconsultant shall obtain all necessary licenses, ' including but not limited to City Business License. 14. 15. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its. officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. :, ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or inCidentaj hereto supersede all negotiations and' prior writing' in respect to the subject .ma~ter hereof. In the event of conflict 'between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement ma,y be executed in counterparts. 2/forms/ARG-04 Rev 1/22/92 -5- pwOl~agmts~master=~04 010493 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be' executed the day and year first above written. CITY OF TEMECULA By J. Sal Mu~oz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk 2/forms/ARG-04 Rev 1122/92 -6- Pw01\agmts~rtasters~,04 010493 EXHIBIT "A" CITY OF TEMECULA PROJECT NO. PW92-05 YNEZ ROAD WIDENING IMPROVEMENT PROJECT SCOPE OF WORK The' following is a list of services to be provided for the above project: CLEAR AND GRUB Establish limits of grading by setting one set of stakes at 1 O0 foot intervals at the perimeter of the project. " 3; ROUGH GRADING · Certify rough grade, provide topo of completed rough grade and determine final pay quantity. · Stake brow ditches (bench drains) at 50 foot intervals. · Pro~;ide .horizontal and vertical control offset stakes at 50 foot intervals for the construction of the subdrains proposed at the centerfine of the existing channel. · Slope stakes will .be offset to either the top of cut slopes or toe of fill slopes set at not less than 50 foot intervals and will include all controlling angle points and grade breaks. STORM DRAIN · Provide horizontal and vertical control for the construction of all storm drain .appurtenances, includes but not limited to head walls, wing walls, under sidewalk culverts and rip-rap structures. · Provide horizontal and vertical control stakes for the construction of all proposed storm drain pipe, includes but not limited to 'catch basin, local depressions, manholes, junction and transition structures. pwO4\rfp\O 14\rfq.014 020293 Storm drain stakes will be set at 25 foot intervals in the curved sections and 50 foot in the tangent sections. All BCR, ECR and grade break locations will also be staked. Includes but not limited to all junction structures, inlets, outlet and other structures will be controlled by a maximum of five stakes. Cuts and fills will be referenced to flow line of. pipe except for inlets, which will reference to top of curb grade. STREET IMPROVEMENTS Horizontal and vertical control for concrete curb, curb & gutter: cross-gutter and A.C. berm will be staked at 25 foot intervals and will include all BCR, ECR, grade breaks and vertical curve locations. Cuts and fills will reference to finish top of curb grade for curbs and A.C. berms. Horizontal and vertical control for all brick pavers. Horizontal and vertical control for edge of paving where no curb and/or gutter is to be constructed by the paving improvements at 25 foot intervals. Consultant shall provide paint lines to mark the limits of all A.C. and concrete removals. UTILITIES Horizontal and vertical control for all utilities structures that are above or at ground level, includes but not limited to detector check, air vacuum & air release, water valves, water meters, backflow preventor and irrigation appurtenances. ~. Horizontal vertical control for all underground utilities, includes but not limited · to water mains, water & sewer laterals and irrigation systems. OTHER ABOVE GROUND STRUCTURES Horizontal control for all above ground structures, includes but not limited to fencing, signs & appurtenances, mail boxes, street light poles, and traffic signal poles. Horizontal and vertical.control for all above ground structures, includes but not limited to retaining walls and other then the above items. MISCELLANEOUS RELOCATIONS Two stakes will be set to facilitate relocation of fire hydrants and valve locations. Gr. ades will be referenced to top of curb for fire hydrants and to finished surface for valves. pwO4\rfp\O14\rfq.014 020293 MONUMENTATION Will be set as shown on the final maps. Reestablish any centerline monumentation destroyed during construction and as supplied by the Water District for there construction of the 48" water main. 10. FIELD SUPERVISION. · Provide field supervision for all project .activities. Coordinate and schedule with City of Temecula. Prepare and provide project progress reports. Attend project' development meetings as required. OFFICE ENGINEERING Research and compute centerline and right-of-way from verified field conditions. Compute improvement locations, including all curbs, medians, storm drains, storm drain appurtenances' and all proposed underground utilities. · Field note reduction and computations for field support. 12. RESPONSE TIME · The consultant will respond 24 hours after notification by 'the City. RECORD OF SURVEY Prepare centerline record of survey per City. standards and' process-through County Surveyor's office. pwO4\rfp%014\rfq.O 14 020293 EXHIBIT 'B" YNEZ ROAD WIDENING PROJECT ' CONSTRUCTION SURVEY TASK BREAKDOWNS J. F. Davidson Associates, Inc. Task Description Pdnc Field Field Office in-Charge Crows Super Engineer 1. Clearing and Grubbing 2. Rough Grading 3. Storm Drain 4. Street Improvements 5. Utilities 6. Other Above Ground Structures 7. Miscellaneous Relocations 8. Monumentation 9. Field Supervision 10. Office Engineering 11. · Response Time (No additional charge) Staff Totals HoUrly Rates 20.00 (b) 24.00 3.00 2.00 89.00 21.00 18.00 34.00 10o00 6.00 98.00 17.00 13.00 30.00 6.00 '6.00 19.00 3.00 3.00 3.00 1.00 1.00 16.00 2.00 4.00 10.00 (a) 20.00 313.00 73.00 53.00 $125.00 $135.00 $75.00 $85.00 Costs per Class $2,500.00 $42,255.00 $5,475.00 $4,505.00 SUBTOTALCOSTS"' Discount(Items1'11) SUBTOTAL"A" $54,735.00 -$7,535.00 (13.77%)(d) $47,2oo.oo (e) Continue to next page for Record of Survey Item. EXHIBIT "B" - Continued YNEZ ROAD WIDENING PROJECT - CONSTRUCTION SURVEY TASK BREAKDOWNS J. F. Davidson Associates, Inc. 12. (a) (b) (c) (d) (e) (f) Task Description Pdnc Land 'Field Field Surveyor Super Crew Drafter Record of Survey - Center. line Only 2.00 16.00 4.00 8.00 30.00 Hourly Rates Costs $125.00 $85.00 $250.00 $1,360.00 $75.00 $135.00 $55.00 $300.00 $1,080.00 $1,650.00 SUBTOTAL ITEM 12 COUNTY CHECKING FEE RECORDING FEE REPRODUCTIONS $4,640.00 $2,235.00 (f) $12.00 (f) $100.00 SUBTOTAL"B" $6,987.00 TOTALCONTRACT AMOUNT ("A" + "B") = $54,187.00 Additional 10.0 hours shown for Field Supervision is for meetings in the field. Time indicated is for overall project tasks. Discounted amount does not apply to this item. This discount percentage will be applied to Ifems 1-11 each month until the project is completed. Additional-work shall be performed in accordance with the attached "Schedule of Hourly Billing RateS;" effective through June 30, 1993. After the latter date, a new rate schedule shall be submitted the the City which will be utilized for additional work performed after said date. Any work deemed extra on this contract shall not include a discount amount. Charges will be made in accordance with the lates JFD Schedule of Houdy Billing Rates. This is the maximum amount expected to be set by the County of Riverside. Actual fee amounts will be determined upon submittal. Other County charges are subject to change. .,m, w J.F. Davidson Ammoci,,,te8, Inc. J.F. DAVIDSON ASSOCIATES, INC. SCHEDULE OF HOURLY BILLING RATES EFFECTIVE THROUGH JUNE 30, 1993 Enclineerina & Municipal Services Principal 'Eng~n.eer V Engineer IV Engineer III Engineer II Engineer I EngIneering Designer IV Engineering Designer III Engineering Designer II Engineering Designer l Drafting Supervisor Drafter IV Drafter III Drafter II Drafterl . Transportation Engineer II Transportation' Planner · Plan Checker Rate $125.00 100,00 95.00 85.00 70.00 55.00 85.00 70.00 55,00 45.00 65.00 55.00 45.00 40.00 35.00 70.00 55.00 60.00 Surveyina Services Principal. Land Surveyor IV Land Surveyor III Land Surveyor II Land Surveyor I Survey Drafter III Survey Drafter II Survey Drafter I 1-Man Survey Party 2-Man Survey Party 3-Man Survey Party Travel Time (when in excess of 8 hours work per day) 1-Man Survey Party 2-Man Survey Party 3-Man Survey Party Inspector Rate $125.00 95.00 85.00 75,00 65.00 55,00 45.00 40.00 85,00 135.00 170,00 34.00 60.00 86.00 63.00 Plannina Services Principal Director, Planning planning Supervisor Planner III Planner II Planner l $125.00 100.00 85.00 80.00 70.00 45.00 Landscape Architecture Director, Landscape Architecture Project Landscape Architect project Manager Project Coordinator Drafter 11 Drafter I $90.00 75.00 75.00 50.00 40.00 35.00 Services And Expenses Secretarial/Word Processing Services In-house Reproduction Travel Subsistence Other Expenses - including Special Consultants and Purchased Services through subcontracts Expert Witness or Litigation (4-hour minimum, including preparation time) $40.00 Cost .36/Mile Cost Cost +15% $175.00 Ct~PRINTED ON RECYCLED PAPER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 23rd day of March, 1993, between the .City of Temecula, a municipal corporation, hereinafter referred to as "City" and LawlCrandall, Inc., a California corporation, hereinafter referred to as "Consultant". e The parties hereto mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached. hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT.' The City agrees to pay Consultam monthly, at the hourly rates set forth in Exhibit "B" attached her.to, based upon actual time spent on the above tasks. This amount will not exceed $31,400.00 for the total term of the Agreement unless additional payment is approved by the City Council; brovided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on Or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon 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..Within thirty-five (35) days after receiving an invoice from the C0nSultam, ti~e City shall' pay Consultant for work done through the date. that work is to be ceased' pursuant-to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described her.in to the reasonable satisfaction of the City Manager of the City.' Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of'causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. 2/forms/ARG-04 Rev 1122192 -1 - pw01 ~ciP~Projects~pw92-O5~soiltest.egt 031693a If the City Manager or his delegate.determines that the Consultant defaults 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 ten (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 Coneultant 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 i~ may be entitled at law, inequity or under this Agre.ement. . . TERM. This Agreement shall commence on March 24, 1993, and shall remain and continue in effect until tasks described her.in are completed, but in no event later than March 24, 1994. Any disputes regarding performance; default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et sea. City and Consultant shall share the cost of the arbitration equa!ly. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings and notes 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. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contr,ector. Neither the City nor any of its officers, employees Or agents shall' have control ove~ the conduct of the ConSultam or any of tl~e Consultant's officers, employees or agents, except as herein set forth. The Consultant shall not at any time o~ 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. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except 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 her.under. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. 2/forms/ARG-04 Rev 1122/92 -2- PwO1~cip~projects\pw92-OS\soiltest.agt 031693a 10. 11. 12. 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. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shalj be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula , California 92590, and the Consultant at 14340 Bsworth Street, Suite 112, Moreno Valley, CA .92553, unless and until different addresses may be furnished in writing by either party .to the other. Notice· shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal. Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement~ Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultam shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, 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, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Consultant shall provide the following scope an;d limits of insurance: A. Minimum Scooe of Insurance. Coverage shall be at least as broad as: Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering Comprehensive Gener. al Liability and Insurance Services Office Form No. GL-0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" Form No. CG-0001 ). Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" and Endorsement CA-0025. Workers' Compensation insurance as required by Labor Code of the State of California and Employers' Liability insurance· 4. Errors and Omissions insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property' damage. 2/forms/ARG-04 Rev 1122/92 -3- PwOl%cip%projects~ow92-O5%soiltest.agt 031693s. Workers' Compensation insurance as required by Labor Code of the State of California an'Employers' 'Liability insurance.' 4. Errors and Omissions insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability $1,000,000 combined single limit per Occurrence for · bodily injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Liability: Workers' compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Errors and Omissions Insurance. $1,000,000 per claim, written on a claims-made basis with a $2,000,000 annual aggregate· Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance Provisions. Insurance policies' required by this contract shall contain or be endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled 'by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City via United States First Class Mail. .b. General Liability and Automobile 'Liability Coveraaes. The City, its .officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, lease, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described'in this contract, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, iand not contribute with, the Consultant's insurance. :2/formalARC-04 Rev 1/22/92 -4- 1,3. 14. 15. Any failure to comply with the reporting provisions of' the policies shall not affect coverage providedto the City. its officers officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respecz to the limits of the insurer's liability. C$ Worker's Compensation and Emolovers Liability CoVeraQe. The insurer shall agree to waive all rights Of subrogation against the City,. its officers, officials, employees and volunteers. for losses arising from work performed by the Consultant for the City. Verification of CoveraQe. Contractor shall furnish the City with. certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are 'to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigationS, claim'administration and defense expenses. LICENSES. The Consultant and subconSultant 'shall obtain all necessary licenses, including but not limited to City Business License. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property.arising out of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the active negligence of the City. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. - 2Jforms/ARG-04 Rev 1/'22,/~2 -5' In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and condition~ of'this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after 'the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this. Agreement to be executed the day and year first, above written. CONSULTANT CITY OF TEMECULA John Theissen, Chief Engineer Print Name and Title By J. Sal Munoz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk 2/forms/ARG-04 Re,.' 1/22/92 '6' EXHIBIT "A" SCOPE OF SERVICES CFD 88-12 YNEZ ROAD GEOTECHNICAL OBSERVATION AND .TESTING The estimated fee is a not-to-exceed figure based on the indicated hours and laboratory testing. If we are requested for more hours than estimated, additional time will be necessary and will be billed on a time- and-expense basis in accordance with the rates given in the attached Schedule of Charges for Inspection · Services. Our fee includes a.sureharge of 15 percent on all field testing and observation, which covers field supervision and administration. No additional charge~ will be made for travel to the site. Our area of expertise does not include construction safety. Accordingly, our services will not include review of, nor responsibility for, construction safety during the course of this project. Grading Observation and Field Testing Services for this phase will include periodic grading observation and testing by our field technician. Density tests will be performed on the fill materials in roadway and sidewalk areas using sand cone (ASTM Designation D1556-82) or nuclear (ASTM D2922-81) test methods. We estimate 25 technician- days may be necessary for this phase of the oVerall 180-day construction schedule. Backfill Observation and Field TeSting Services for this phase will include periodic observation and testing of the utility trench, headwall, sewer manhole, and retaining wall backfill. Our field technician will perform density tests using sand cone or nuclear test methods. We estimate 20 technician-days may be necessary .for this phase of the project. Paving Observation and Testing Services for this phase will include observation and testing of the subgrade preparation, base course placement and compaction, and asphalt concrete placement and compaction. We estimate 5 technician- days may be necessary for this phase of construction. Laboratory Testing our laboratory'.testing will include three each orR-Values,' sieve analySeS, sand equi~,alents, and durability indexes. Engineering Consultation Services for this phase will include review of prior geotechnical recommendations provided by others, periodic field observation of the grading operations, attendance of 3 project meetings, and provide supplemental recommendations as necessary. We estimate approximately 30 hours of senior engineer time for the 180-day construction schedule. Final Compaction Report Our final compaction report will include a summary of our field observations and testing, and will present the results of the areas tested. The report will include a plan indicating the approximate locations of our tests. · 2/fornts/ARG-04 Rev 1~2/92 EXHIBIT EXHIBIT 'B" PAYMENT SCHEDULE CFD 88-12 YNEZ ROAD GEOTECHNICAL OBSERVATION AND TESTING Hourly Rates: Soil Te~c. hnician - Regular time- . ........ . ........ L ....... '... $ 55 per hour' Soil Technician.- Overtime .. ....... : ...................... ' $' 65 .per hour Laboratory Technician ....... '.'. .......................... $ 55 per hour Senior Laboratory Technician ................. ............ $ 75 per hour Field Assistant $ 44 per hour Field Technicia/~ ........................................ $ 75 per hour Staff Engineer/Staff Geologist/Technical Writer ............... $ 75 per hour Project Engineer/Project Geologist/Sr. Technical Writer ......... $ 90 per hour Senior Engineer/Senior Geologist' . ............. ~ ........... $110 per hour Principal Engineer/Principal Geologist ...................... $125 per hour Senior Consultant · Word Processor ...................................... $170 per hour Drafter ........................................ $ 50 per hour ............... .' '~ ............................. $ 55 per hour Grading Observation and Field Testing $12,600 Backfill Observation and Field Testing ...... . ............................. 10,100 Paving Obiervation and Testing · ........................................ 2,500 Laboratory Testing .................. : ............................... 1,100 Engineering Consultation ............... , ............................. 3,300 Final Compaction Repo/t ............ . ................... · .....2 ......... 1,800 TOTAL ................................... $31,400 Payment is due within 30 days of the invoice date. If payment is received within 20 days of the invoice date, a 0.5% reduction will be applied to the invoice amount. 2/fotms/ARG-04 Rev 1~2/92 EXHIBIT "B" LA.W/C~J~I]-~ ~C. · geotechnical, environmental & construction materials consultants 10037 Barnes Canyon Road, Suite A, San Diego, California 92121, Phone (619) 458-9379, Fax (619) 4580541 Los Angeles · Ariahelm · Los Alamitos · Marina del Rey · Riverside · San Diego SCHEDULE OF CHARGES FOR GEOTECHNICAL INSPECTION SERVICES The fee for our services w:al be'based on the charges listed below. A~I fee quotations an~ applicable for s period Of gO days.- from the date of tht'. proposal tO which this schedule is .attached. We. reserve the right to modify these r. ates upon 30 days advance notice. ' · PERSONNEL Soil Technician - Regular time .......................... $ 55 per hour Overtime as Required ................................ $ 65 per hour · For preparation of a final report and for provision of field supervision and office and field administration, a 15% surcharge will be applied on the monthly invoices for the total soil technician fees charged to the project. .These .charges include field testing related to our inspection services, such as field density and compaction testing, and/or the observation of tie-back anchor testing. L'~ addition, these charges include the use of a truck and field testing equipment, except for nuclear testing devices which will be charged at 1;50 per day, or any part thereof. Overtime will apply to time ht excess of eight hours per w,'.ekday and all time on Saturdays, Sundays, and holidays. A/ninimum dai~y charge of three hours will be made. The minimum total charge for any one project will be $1,000. The services of an engineer and/or geologist, or special field or laboratory. tcsting, if required in the interest of the project, will be invoiced in accordance with the rates on our Schedule of Charges for Geotechnical Engineering Services on the reverse hereof. Services that WBi require specially trained pemnnel, because of the presence of hazardous material, as de~ne/] by the Hazardous Waste Operations and Emergency Response Act, .29CFR 1910.120, wal be surcharged an additional 5.% ~;f the above hourly rates. ' Travel time ,,vii not be charged for jobs within 50 miles of our nearest office. Travel and/or subsistence expenses for sob technician services for projects in excess of 50 miles from .our nearest office will be negotiated on an individual-basis. REIMBURSABLE ITEMS Outside services performed by others and direct' expenses incurred on the elicat's behalf are charged at 1.15 times our cost. Such items include, but are not limited to, outside consultants and testing laboratories irnee--~-_ry and pre-approved by the client. INSURANCE IAw/Crandall, Ymc. maintains'General Liability Insurance for bodily injury and property damage with an aggregate limit of S1,0CX),000 per occurrence for its own account. and will furnish certificates of such insurance upon request. In the event the client desires additional coverage, we will, upon the clicnt's wrinen request, obtain additional insurance at the client's expense. (See reverse for Schedule of Charges for Gcotechnical Investigation Services) SCHEDULE OF' CHA'RGES FOR G E OTECH NI CAL ! ~WESTI GATI O N S ERVI CES The fee tar our services will be based on the charges listed below. All fee quotations am applicable for n period of 90 days from the date or the proposal to which this schedule is attached. We reserve the right to mod!fy these rates upon 30 days advance notice. PERSONNEL HOURLY RATES Staff Engineer/Staff C, eologlslTTeehnieal Writer ........ $ 75' Project Engineer/Project Geologist/Sr. Technical Writer .. '$ 90 Senior Engineer/Senior Geologist .................. Principal Engineer/Principal Geologist ............... $ 125 Senior Consuhnnt .............................. $ 370 Word Processor ................. S 50 Drafier ............... ... ..... ;. I; 55 Laboratory Technician ............ $ 55 Senior Laboratory Technician ...... $ 75 Field Assistant .................. $ 44 Field Technician ................ $ 75 These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight hours ~11 be charged in any day. Ovenime,'if required in the interest of the projeet,.will be charged at the above rates for professional staff and at 1.5 times the above rates for all other personnel. Overtime will apply to time in excess of eight hours per weekday and all time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday will be made for field personnel. services that will require specially trained personnel, because of the presence of hazardous material, as defined by the Hazardous Waste Operations and Emergency Response Act, 29Cl=R, 1910.120, vn3] be surcharged an additional 5% of the above hourly rates.. Expert witness services, including trial preparation, depositions, and court appearances, will be charged at 1.5 times the above rates .with a minimum charge of four hours for depositions and court appearances per day. MIS~EOUS CHARGES Computer Usage .................................. $ 45/hour Undisturbed Samples .................' .............. $ 4/sample Passenger Car ...... S0.45/rnile with minimum of ....... $ 15/day Truck ............. S0.45/mile with minimum of ....... I; 45/day The use of specialized equipment, such as a seismic survey equipment, slope indicators, vibration monitors~ etc., will be charged at im hourly or dai3y rate. ' .. ' ' REIMBURSABLE ITEMS Outsid~ services performed by others and direa expenses incurred on the client's behalf are charged at 1.:5 times our cost. Such items include, but are not limited to, outside consultants and tealing laboratories, rental and operation of field equipment, non -reusable equipment, blueprinting. long-distance communications, subsistence, transportation charges, auto rental, freight, and any special permit and inspcc"'9n fees. I2w/Crandall. Inc., maintains General Liability Insurance for bodily injury and property damage with an agUegate limit of Sl,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request. In the event the client desires additional coverage, we wffi, upon the cli-~nt's written request, obtai~ additional insurance at the client's expense. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this .~3rd day of March , 19 93 , between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and NB$1Lowry, Incorporated, a California Corporation, hereinafter referred to as "Consultant". The parties hereto .mutual!y agree as follows: 1. SERVICES. Consultant shall perform the tasks set forffi in Exhibit "A" attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". PERFORMANCE. Consultant shall at all times, faithfully, industrially end to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit B attached hereto, based upon actual time spent on the above' tasks. This amount will not exceed $1 30.3~0.00 for the total term of the Agreement unless additional payment is approved by the City Council; orovided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION. TERMINATION OR ABANDONMENT. OF AGREEMENT. The City may, at any time, suspend, terminate or abandon 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. Within thirty-five (35) days after receiving an invoice from the ConSultant, the City shall .pay Consultant' for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. m BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the standard of care of the Industry. Failure by the Consultant to make progress'in the performance .of work hereunder, if such failure arises out of causes beyond his control, end without fault or negligence of the Consultant, shall not be considered a default. -1- If the City Manager or his delegate determines that the Consultant defaults 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 ten (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. TERM. This Agreement shall commence on March 24 , 19 93 , and shall remain and continue in effect until tasks described herein are completed, but in no event later than March .~4 , 19 94 Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seo. City and Consultant shall share the 'cost of the arbitration equally. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all instruments of service, including original documents, designs, drawings and notes 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.' INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultan.t's .Officers,' employees 0r agents, excep.t as herein set forth.. The 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. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except 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. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and 1'0. 11. 12. its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. _ NOTICF. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula, California 92590 and the Consultant at 27450 Ynez Road, Suite 320; Temecula, California 92591 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two' (72) hours after the same has been deposited in the United. States Postal Services. This shall 'be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due her. under, without the prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work her.under by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Consultant's bid. The Consultant shall provide the following scope and limits of insurance: Minimum SCOpe of Insurance. Coverage, shall be at least as broad as: Insurance Services Office form Number GL 0002 (Ed. 1/72) covering · Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. W.orkers' Compensation insurance as required by Labor Code of the State of California an Employer's Liability insurance. 4. Errors and Omissions insurance. -3- Minimum Limits of Insurance. Contractor shall maintain limits 'of insurance no less than: .... . General Liability ~1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,'000 combined single limit per accident for bodily injury and property damage. workers' Compensation 'and "Employer's Liability:" Worker.'s compensation as required by the Labor Code of the State .of. California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance. ~1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance Provisions. InsUrance policies required 'by this contract shall contain or be endorsed to contain the following provisions: All Policies. 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 to the City via United States First Class Mail. General Liabilitv and Automobile Liability .Coveraaes. The City of Temecula, 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. With regard to claims arising from the Consultant's performance of the work described in this contract,. the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. -4- de 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. Worker's Comoensation and Emolovers Liability Coveraoe. The insurer shall agree to waive all rights of subrogation against the City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. Verification of Coveraae. Contractor shall 'furnish· the City with ceRificates of insurance affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized. by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 13. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, officials and employees; or the Consultant shall' procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, 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 ~leath of persons, or 'damage·to property arising out' of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the·City. 14. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof.. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. -5- EFFECTIVE DATE AND FXECUTION: This Agreement shall be effective from and after the date is signed by the representatives of. the. City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT BY: ~ r~//~ ' J. Brudin, P.E., Vice President CITY OF TEMECULA By: J. Sal Mufioz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk -6- CFD 88-12 EXHIBIT "A" SCOPE OF SERVICES YNEZ ROAD WIDENING (.PW92-05) PROJECT COORDINATOR The Consultant agrees to perform the following scope of services for the Ynez Road. Widening Project, PW92-05: PROJECT COORDINATION Be Ce De Fe Provide a qualified Project Coordinator .subject to the 'approval of the City Engineer to schedule, coordinate and expedite the work of the contractor, surveyors, soils engineers and facilitate the utility companies. Proposed substitutes or replacements for the Project Coordinator shall be subject to approval by the City Engineer. Maintain and up date all permits, easements and right-of-way documents. Review and recommend approval of contract submittals and material certifications to assure compliance with project plans and specifications. ~ .. Analyze and. field'verify the cOntra'ctor's monthly progress payments and invoices for surveying and soils work. Review and recommend approval/disapproval of changes to the plans and specification requested by the contractor, project surveyor, and soil engineer. Maintain daily written construction activity reports, field meeting notes and daily telephone communications with the contractor, subcontractors, surveyors, soils engineer,' utility companies, land owners and City representatives. pwO4%spagnolo%93~'nem~y~ezp{~ Scope of Services Project Coordinator Ynez Road Widening (PW92-05) Page 2 Obtain ·approval and acceptance Of facilities by' other Agencies having jurisdiction over various work elements to include final inspection. Maintain a "red marked" set of construction prints reflecting field changes. Monitor contractors adherence to the NPDES requirements and best management practices for the' project. Schedule and conduct weekly construction progress meetings with the. contractor, City representative and other agencies as required. Coordinate interpretation of the plans and specifications between the contractor and the project design engineer. Recommend changes to the plans and specifications based on value engineering evaluations to the City representative. Provide continuous consultation with the City representative and utility companies regarding progress of the work, construction scheduling and contractor's performance. Review construction methods and observe construct activities for compliance with the project plans and specifications and general construction practices. Prepare daily construction activity reports. Coordinate construction activities with City representative.. Coordinate traffic signal testing, installation, and operation with the County Transportation Department. PwO4~spagnolo%93~nem%ynezpc EXHIBIT 'B' FEE FORSERVICES CFD 88-12 YNF. Z ROAD WIDENING (PW92-05) PROJECT COORDINATION PROJECT COORDINATION Office Representative Field Representative Clerical 180 CONTRACT WORKING DAYS 360'hours @ $92.00 1,440 hours @ $65.00 90 hours @ $40.00 TOTAL: $ 33,120.00 93,600.00 3,600.00 $130,320.00 ITEM NO. 14 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager .. Tim D. Serlet, Director of Public Works/City Engineer... March 23, 1993 Local Agency/State Agreement for Federal-Aid Projects PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects *RECOMMENDATION: That the City Council adopt a· resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA'TO ESTABLISH FEDERAL FUNDING PROVISIONS BACKGROUND: : To utilize Federal funds the Federal Government requires .that'the Local AgenCy and State enter into an agreement for the construction and maintenance of proposed projects before Federal- aid will be made available. This agreement becomes a master agreement between the Local Agency/State to establish general conditions, types of improvements, right-of-way acquisition and maintenance provisions. A supplemental agreement will later be adopted by the Council for each individual project utilizing Federal funds. These funds will be administrated by the State Department of Transportation (Caltrans) through their local district eight office. ·. The City will use these funds for such projects as road improvements, street maintenance and traffic signal installations. -1 - Pw04~agdrpt%93%O323~nastagre.ree 0315 'FISCAL IMPACT: No fiscal impact is anticipated from approving Local Agency/State Agreement No. 08-5459. Attachments: Resolution Local Agency/State Agreement No. 08-5459 -2- Pw04%agdrpt\93%O323%maetagre.res 0315 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING LOCAL' AGENCy/STA,i~E- AGREEMI~NT NO. 08-5459, BETWEEN THE STATE DEPAR.TME~NT OF TRANSPORTATION AND THE CITY OF TEMF, CULA'TO ESTABLISH FEDERAL. FUNDING PROVISIONS The City Council of .the City of Temecula does resolve, determine and order as followS: .. WHEREAS, before Federal-Aid will be. made available for projects, 'the LOCAL AGENCY and STATE are required to enter into an agreement relative to prosecution of the said project and maintenance of the completed facility. WHEREAS, this Agreement No. 08-5459 establishes the general conditions, types of improvements, right-of-way acquisition and maintenance provisions. WHEREAS, additional supplemental agreements will be adopted by the Council for each individual project which utilize Federal funds. NOW, THEREFOR, 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 Agreement No. 08-5459 between State Department of Transportation and the City of Temecula. Section 2. Authorize the Mayor to execute said Agreement. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVF~D AND ADOFrED, by the City'Council of the City of Temecula at a regular meeting held on the 23 rd of MarCh, 1993. ATTEST: J. Sat Mu~oz, Mayor June S. Greek City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMFEULA) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. __-__ was duly and regularly adopted by the City Council of the City of Temecula 'at a regular meeting thereof held on the 23rd day. of March,.- 1993, by the following vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: - COUNCILMEMBERS: ABSTAIN: - COUNCILMEMBERS: ORIGINAL FED e'tN, -A ZD PROJECTS OR' RTVRR.$.I'DR' DiStriCt bounty TRM~'Rlff'~ity AGREEME~ NO. ~STER AGREemENT ?HZS .AGREEMENT, made in this day of , 19 , by and between CTTY to as "LOCAL AGENCY", and ~e STATE OF ~IFORNIA, acting by and though the Depar)nt of T~nsportation,-herinafter refe~ed to as "STATE", WITNESSETH: WHEREAS, the Congress of the United States has declared it to be in the national interest for Federal Funds to be expanded-for highway, fringe parking, bicycle transportation, pedestrian walkways, and mass transportation projects; and - _. WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds authorized may be made available for use On local.transportation facilities in accordance with the intent .of Federal acts; and WHEREAS, there exists a compelling need for improvements or r~storation of roads, streets, highways, fringe parking, and public transportation facilities wi thin the boundaries of LOCAL AGENCY; and WHEREAS, ~OCAL AGENCY and STATE therefore desire to make use of such Federal funds as may be made available within the jurisdictional boundaries of said LOCAL AGENCY; 'and WHEREAS, before Federal-aid will be made available for projects, LOCAL AGENCY and STATE are required to enter into an agreement relative to prosecution of the said project and maintenance of .the completed facility. Dt.S.P,(lO-86) THEREFORE, the parties agree as follows: ARTICLE I - CONDITIONS i. Projects located in urbanized areas {unless .exempt).must be part of a program which serves to' implement an areawide plan held currently valid by the regional transportation pol icy. board. 2. Federal funds may participate only in work which has been officially programmed to and authorized by the Federal Highway Ac~ninistration in advance of its performance. 3. Funds apportioned such as the STATE's share of FA$ funds are considered Federal-aid funds. ARTICLE I I - IMPROVDIENTI/RESTORATIONS l'. The term 'IMPROVEMENT' or "RESTORATION" as used herein means any work that is financed in part with Federal funds. 2. The Supplemental Local Agency-State Agreement (program supplement} shall be in a form prescribed by STATE; and shall designate who 'shall advertise, award, and administer the contract, the Federal funds requested, and the matching funds to be provided by LOCAL AGENCY, and, if a State Highway is involved, the matching.. funds to be provided by STATE. Adoption of the program supplement by LOCAL AGENCY and approval by STATE shall c~use such program supplement to be a part of this ag,eement as though fully set forth herein. Unless otherwise delegated the program supplement shall be approved'by the LOCAL AGENCY'~ governing body. Cooperative projects including work on a State highway shall be the subject of a separate cooperative agreement. 3. In processing 'IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY will conform to all STATE statutes, regulations and procedures {in- cluding those set forth in the STATE's Local Programs Manual) re- lating to the Federal-aid program and to all applicable Federal laws, regulations, and policy and procedural or instructional memoranda. This includes, but is not limited So, the holding of public hearings when reauired, the publishing of various press notices, and the ore- paration of plans, specifications, and estimates. . 4. 'Unless otherwile designated in the aporoved program suoole- ment, improvements will be constructed by contract in accordance with DLSR( 10-86 ) -2- Certification Acceptance proceciures approved by the FHWA. Such pro- cedures require the use of Specifications described in the Staro's Certification; STATE approval of plans, special provisions and esti- mated costs prior to a~vertisement; a certification by LOCAL AGE~'(CY with respect to the right-of-way; and advertisement for a minimum of 3 weeks'prior to bid opening. The contract will be awarded by LOCAL AGENCY, its agent, or by STATE as may be determined between the parties prior ~ each project advertisement. .. 5. When the IMPROVEMENT or RESTORATION includes work to be perfomed by a railroad, the contract for such work shall be entered into by LOCAL AG~ICY or by STATE, as parties hereto agree. A con- tract entered into'by LOCAL AGENCY for such work must have prior approval of STATE. In either event, LOCAL AGENCY shall enter into an agreement with the railroad providing for maintenance of the pro- tective devices or. other facilities installed under the soP/ice contract. 6. LOCAL AGENCY shall provide or arrange for adequate super- vision and inspection of each improvement, including contracts awarded by STATE. With prior State approval, surveying, inspection and test- ing may be performed by a consulting engineer provided an employee of LOCAL AGEHCY is in responsible charge. 7. STATE shall exercise general supervision over Federal-aid improvements and may assume full and direct control over the project' whenever STATE, at its sole discretion, shall determine that its responsibility to the United States so requires. LOCAL AGENCY contracts shall so stipulate. ARTICLE III- RIGHTS-OF-WAY 1. No contract for the.construction of.~ Federal-aid IMPROVE- ~ENT or RESTORATION project shall be awarded until the necessary rights-of-way have been secured. Prior to the advertising of a proj- ect on a local street, LOCAL AGE)ICY shall certify and upon request shall furnish STATE with evidence that necessary rights-of-way are available for construction purposes or wil'l be available by the time of contract award. 2. LOCAL AGErlCY agrees to hold STATE harmless.from any lia- bility which may result in the event the right-of-way is not clear as certified. The furnishing of right-of-way as provided for heroin includes, in addition to all real property required for the imp_rove- merit free and clear of obstructions and encumbrances affecting the DLSR( 10-86 ) -3- proposed p~oject, the payment as required by aoplicable law of dam- ages to real property not actual ly taken but injuri,ously affected by the proposed improvement. LOCAL AGENCY shall pay from its funds any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights-of- way have not been made available to the contractor for the orderly prosecution of the. work. 3. Subject to STATE approval an~l such supervision over LOCAL AGENCY's right-of-way acquisition procedures as STATE may determine' is necessary, LOCAL AGENCY may claim reimbursement from Federal funds for expenditures to purchase rights-of-way include~ in an approved proj act. 4. The LOCAL AGENCY will comply with Title II and III of the Uniform Real Property Acquisition Policy. 5. Whether or not Federal-aid is-to be reduested for right-of- way, should LOCAL AGENCY, in acquiring ri'~ht-of-way for a Federal-aid IMPROVE/4ENT, displace an individual, family, business, farm operation, or non-profit o~anization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U,$. Code. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest .extent practicable, no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90-days written notice from the LDC~U. AGENCY. LOCAL AGENCY will pro- vide the State with specifi~ assurance, on each project, that no person will be displaced until comparable decent, safe and sanitary replace- ment housing is available· within a reasonable period of time prior to displacement, and that LOCAL AGENCY's relocation program is realistic and is adeduate to provide orderly, timely and efficient relocation of displaced persons for the project as provided in P'HPM 7-5. ARTICLE iV - FISCAL PROV ~SIONS 1. When a Federal-aid INPROVEMENT or RESTORATION contract is tO be awarded by STATE, matching funds will .be provided by LOCAL AGENCY prior to the time that such funds are required to reimburse contractor. STATE will bill LOCAL AGENCY for amount due immediately following ~n- tract award, or at option of LOCAL AGENCY, will submit monthly bills during life of contract. 2. The estimated total cost of Federal-aid projects, the amounts of Federal-aid prograr~ned, and the matching amounts agreed upon may be DLSR(~ 0-86 ) ,_'_ adjusted by mutual consent of the parties +hereto, provided funds are available to cover increases and provided Fecleral Highway Administraticn concurs in any increase in the Federal-aid. 3. Upon submittal by LOCAL AGENCY of a statement of expenditures for Federal-aid improvements, STATE will pay its agreed share and if permitted by State Law will advance an amount equal tO the legal pro rata. Federal share of tii. e costs believed to be eligible for. participa-. tion with Federal funds or will voucher Federal Highway AcWnini. stration for reimbursement. 4. LOCAL AGENCY shall use its own funds to finance the local. share of eligible costs and expenditures ruled ineligible for financ- ing with Federal funds. STATE-shall make preliminary determination of eligibility for Federal fund financing. Ultimate determination shall rest with the .Federal Highway A~ininistration. Any overpayment of amounts due shall be returned to STATE upon demand. 5'. When any portion of'a LOCAL AGENCY project is performed by STATE, charges therefor shall include assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative r.lanual. The portion of such charges not financed with .Federal funds shall be paid from funds of LOCAL AGENCY. 5. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through State Controller, may with- hold an equal amount from future apportionments .due LOCA'L AGENCY from the Highway Users Tax Fund.' 7. Auditors of STATE and the United States shall be given access to LOCAL AGENCY's books and records and shall be given such assistance and information as is requested for the purpose of checking costs paid, -or to be paid by STATE .hereunder. A~TICLE V - MISCELLANEOUS PROVISIONS 1. This agreement shall have no force or effect with respect to any project unless and until said project has been authorized by the Federal Highway Administration and a Program Supplemental Agree- n~nt has been executed. 2. The Congress of the United States, the Legislature of the State of California, and-the Governor of the State of California, each within their respective jurisdiction, have prescribed certain s~ployment practices with respect to contract and other work financed DLSR( 10-86 ) -5- with Federal or State funds. LOCAL AGE~ICY..shall insure that work per- formed under this agreement is donein conformance' with rules and r~gulations embodying such requirements Where they are applicable. ~londiscrimination Assurances, Exhibit "A', are hereby considered a part of this agreement. 3. When Federal funds are to.participate in .the. cost 'of work done by a consultant,'the agreement or 'contract with the' cOnsUltant may not be executed of awarded until. the selection of the consultant and the terms of the agreement or contract have been approved by STATE. Such agreement or contract shall include a provision that the work and records of the consultant are subject to inspection at all times by representatives of LOCAL AGENCY, STATE and the Federal Highway Administration and that agreement or contract may be terminated by LOCAL AGENCY.upon a finding that the consultant is failing to live up to the terms of the agreement or contract. All major changes in the agreement or contract must have prior approval of the STATE. As soon as agreement or contract with consultant has been awarded, two certified copies' of said agreement or contract shall be submi tte~ to STATE. 4.. LOCAL AGENCY and its cpntractors shall retain all original r~co~s and :ocuments relating to work hereunder Financed in part with Federal funds and shall make same available for inspection by STATE and Federal representatives upon r~quest. Following final settlement of the project accounts with the Federal Highway Adminis- tration, such records and documents may be microfilmed at the option of LOCAL AGENCY, but in any event shall be retained for a three-year period after FHWA payment of final'voucher, or a four-year period from the date of final payment under the contract, w~iichever is longer. 5. (a) Neither STATE nor any officer o~ employee thereof shall be responsible for any damage or liability occurring-by reason .of any- thing done or omitted to be done by LOCAL AGENCY' under or in connection with any work, authority or jurisdiction. delegated'.to LOCAL AGENCY unaer this agreement. It is also understood and agreeC that, pursuant to Government Code Section 895.4, LOCAL AGENCY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8} occurring by reason of anything ~one or omitted to be done by LOCAL AGENCY under or in connection wi'th any work,. authority or jurisdiction delegated ~ LOCAL AGENCY under this agreement. (b) Neither LOCAL AGENCY nor any officer or emoloyee thereof, shall be responsible for any damage or liability occurring by reason of an~hing ~one or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delega(ed to LOCAL AGENCY under t~is agreement. It is also understood and agreed that, pursuant to Governrent Code Section 895.4, STATE shall fully indemnify and hold DLSR ( 10-86 ) ,~,_ LOCAL AGE)iCY hamless from any liability imposed for injury (as defined by 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 not delegated to LOCAL AGE~(CY Under this agreement. A~TXCLE V! - r.iAINTENANCE 1. Upon acceptance bY the awarding authority of a completed Federal-aid project or upon the contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency havin~ jurisdiction over'the transportation facility shall maintain the completed work in a manner satisfactory to the authorized representatives of the State and the United States. If, within 90 days after receipt of notice from STATE that a project on a transportation facility under its jurisdiction or any portion thereof, is not being properly maintained, LOCAL AGENCY has not satisfactorily remedied the conditions complained of, the approval of further Federal- aid projects of LOCAL AGENCY will be withheld until the project shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this section shall not apply to a transportation facility which has been vacated through due process of law. 2. The maintenance referred to in paragraph 1 above includes not only the physical condition of the facility but its. operation as well. Traffic Operations Improvements on local streets shall be main- tained by an adequate and well-trained staff of traffic engineers and technicians. Said maintenance staff may be employees of a LOCAL AGE~ICY, another unit of government or a consultant under contract with a LOCAL AGENCY. DLSR(10-86) -7- IN WITNESS WHEREOF, the parties have executed this agreement by their duly aul;horized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DZSTRICT 08. CITY OF II~LEC~A By Di stri ct Di rector of Transportation By Mayor Approval Recon~nended: ATTEST: City Clerk Loca I Assi stance Engineer COUNTY OF By' Chairman, Boaro of Supervisors AI'FEST: Clerk of Boar~ DLSR(10-86) NOND! SCRI MI NATI ON ASS UP, ANCES referred to as the RECIPIE Y AGREES THAT as a condition to receiving any Federal financial assistance from the California Departm4nt of Transportation, acting for the U. 5. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Star. 252, 42 U.S.C. 2000d-42 U.S.C. 2DOOd-4 (hereinafter referred to as the ACT}, and all requirements imposed by or pursuant to Title 49, Code of ;ederal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights. Act of 1964 {hereinafter referred to as the P~GULATIONS}, the Federal-aid Highway Act of lg73, and other pertinent directires, to the end that in accordance with .the ACI', REGIJLATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex,. or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the ~ECIPIENT receives Federal financial assistance fn~m the. Federal Department of Transportation, HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuat. e this agreement. This assurance is required by ~ubsection 21 .7{a} {1 } of the REGUI. Ai'IONS. ~l~re specifically and without limiting the above general assurance, the ~ECIPIENT hereby gives the following specific assurances with resoect to. its Federal -aid PrOgram: l, That the RECIPIE[~T agr. ees that each 'program" and each "facility' as defined in subsections 21.23 {e} and 21.23 {b) of the REGULATIONS, will be (with regard to a "program"} conducted, or v:ill be {with regard t~ a 'facility"} operated in compliance with all requirements imposed by, or pursuant to, the .~EGULATIONS. 2. That the RECIPTE[~ shall insert the following notification in all solicitations for bids for work or. material subject to the REGULATIONS made in connection with the Federal-aid Program and, in a~apted form in all proposals for negotiated agreen. ents: DLSR( 10-86 ) -9- AGRE~.IENT EXHZSZT "A" The ([51gX:~X/CI~ of TF~MECULA or other approved contrac:ing authority) nerecX notifies all bidders that it ~ll affimtively insure that in any contract entered in~ pursuant to this advertisement, minority business enterprises will be allowed full op~rtu- nity to submit bids in response to this invitation and will not be discriminated against on the g~unds of race, color, sex, or national origin in consideration for an award. 3, T~t the RECIPI~ shall insert the clauses Of Appendix A of ~is assurance in every .contract subject to the ACT and the RE~LAT I ON~. : 4. That the clauses of Appendix B of this assurance shall be included as a covenant running with the land, in any deed from the United States effectSrig a transfer of real property, structures, oF improvements thereon, or interest therein. 5. That where the RECIPIENT receives Federal financial assist- ance to construct a 'facility, or part of a facility, the. assurance shall extend to the entire facility and facilities operated in connec- tion therewith. 6. That where the RECIPIENT receives Federal financial assist- ance in th~ form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such proper"ty. 7. That the PZCIPIE~IT shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the RECIPIE;,T with other parties: (a} for' the subsequent transfer Of real property acquired or improved under the Federal-aid Program; and (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal-aid Program. 8. That this assurance obligates the RECiPIE)ZT for the period ~urina which Federal financial assistance is extended to the program, except where the Federal financial.assistance is to provide, or is in the form of, oersonal property, or real Property or interest therein or structures or improvements thereon, in which case the assurance obligates the RECiPIE;IT or any transferee for the longer of the fol- lowing periods: DLSR ( 10-B6 ) - !0- ~G~EEMENT EXHIBIT "A" (a) the. period during which the property-is used for a purpose for which the Federal financial .assistance is extended, or for another purpose involvinO the provision of Similar services or benefits; or (.b) the period during which the. RECIPIENT retains own- : 'erehip or possession of the property, 9. The .qECIPIE~ shall provide for such methods of administra- tion for the program as are found by the U. S. Secretary of Transpor- tation, or the official to whom he delegates specific authority, to give reasonable guarantee that it, other.recipients, subgrantees, con- tractors, subcontractors, transferees,. successors in interest, and other participants of Federal financial assistance under such program will comply wi~ all requirements imposed by, or pursuant to, the ACT, the REGULATIONS and this assurance. lO, The RECIPIENT agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the. ACT, the REGULATIONS, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and el-1 Federal'grants, loans, contracts, property, discounts-or other Federal financial assistance extended after the date hereof to the RECIPIENT by the California Department of Transpor- tation, acting for the U.-S. Department of Transportation, and is binding on it, other recipients, subgrantees, contractors, subcon- tractors, transferees, successors .in interest and other participants in the Federal-aid Highway Program, DLSR( 10-86 ) -il- sGRSF. M[NT :..H. IBiT "A" APPE.,',IDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (heroinafter referred to as the CONTRACTOR) agrees as follows: ... (1) Compliance with Reaulations: The CONTRACTOR-shall 'comply with the regulations relative to nondiscrimination in Fedorally-assisted programs of the Departrant of Transportation. Title 49..Code of Federal Regulations, Part 21, as they ray be amended from time to time. (here- inafter referred to as the REGULATIOrlS), which are heroin incorporated by reference and made a part of this c~ntract. (2) Nondiscrimination: The CONTRACTOR. with regard to the work performed Dy it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procuremerits of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section'21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations foi-Subcontracts, Includino Procurements of Materials ano. EouiDment: In all solicitations eitRer oy competitive bidding or negotiation made by the CONTRACTOR for ~.~k to be .performed under a subcontract, including procureP..ents of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the contractor's' obligations under this contract and the REGUL~TIONS relative to nondiscrimination on the grounds of race, color, or national oriOin. (4) Information and P:eoorts: The CONTRACTOR shall provide all information and reports required by the 2EGULATIONS, .or dir.=ctives issued pursuant thereto, and shall permit access to its books, recordS, accounts, other sources of inform..ation, and its facilities as nay be petermined by the State highway department or the Federal Hig.~way Administration to be pertinent to ascertain compliance with such 2EGUL.~.TI0r;S or directives. ',,'here any information re-.uired of a con- tract:r is in the exclusive Dossession of another who fails or refuses to .~urnish this .information, the CO;|?RACTOR snell so certif? to the State highway department, or the F!deral Highway ,',c~,,inistration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions ."or ;;oncOmDliance: In the event of the CG~IT-';,CTDRS's noncompliance with the nonoiscrinnnation provisions of this contract, DLSR ( 10-86 ) ' - !2- AGREE:.IE~4T EXHIBIT "A" the State highway department shall impose such contract sanctions as it or the Federal Highway Administration may ~etermine to ~e appropriate, including, but not limited to: (a) withholding of payments to the CD~ITRACTOR under the contract.until the CONTRACTOR complies; and/or '(b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorooration of Provisions: The COrlTPACTOR shall include the provisions of paragraphs (l) through .{6} in every subcontract, including procuremerits of materials and leases of equipment, unless exempt by the REGULATIONS,-or directires issued pursuant thereto. The CONTRACTOR shall take such action ~th respect to any subcontract or procuremerit as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened ~th, litiga- tion with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the State highway deparl~nent to enter into such litiOations to protect the interests of the State, and, in addition, the CONTRACTOR may request the United States to enter into such litiga- tion to protect the interests 'of the United States. DLSR(10-86) -13- AGP, EEZ !E: ~T EXHI)IT "'," APPE;IDIX B The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or. interest therein from the United States. (GRArfFING CLAUSE) flOW, THEREFORE, the Deparl:~ent of Transportation, as authorized by law, and upon the condition that the PZCIPIEaNT will accept title to the lands and maintain the project constructed thereon, in accordance v4th Tit-le 23, United States Code, the Regulations for the Adminis- tration of Federal Aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations' pertaining to and effectuating the provisions of Tii;le VI of the Civil P, ights Act of 1964 (TB Star. 252; 42 U.S.C. 2000d to ZOOOd-4), does hereby renise, release. quitclaim and convey unto .the .~ECIPIENT all the right, title and interest of the Department of Trans- portation in and to said lands described in Exhibit "A" attached here- to and made a part hereof. (HABe|DUtl CJ_AUSE ) TO HAVE AND TO HOLD said lands and interests therein unto the P, ECIPIE;FF and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations heroin contained as follows, which will remain in effect for the period during which the real prOD- erty or Structures are used. for a punpose for which Federal .financial assistance is extended or for another nutpose involving the provision of-similar services or benefits and shall be binding on the .P. ECIPIE~IT, its successors and assigns. The RECIPIE~4T, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, oF national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in Dart on, over, or under such lands hereby conveyed (,) (and)* DLSR(10-86) -14- EXHIBIT APPENDIX (2) that the RECIP!E!(T shall use the lands and interests in lands so conveyed. in comoliance with all require- merits imposed by or pursuant to Title 40. Code of Federal ,~egulations, Depar*Jnent of Transoortation. Subtitle A. Office of the Secretary. Part discrimination in Federal ly-assisted programs. of the Deparment of Transpor~tion - Effectuation of Title VI of the Civil '~'igbts Act of 196t. and. as · said ~egul ations may be ~ended {. ) and {3) that in the event of breach of any of the above- ~ntioned nondiscrimination conditions. the Depart~nt of Transportation shall have a right to re-enter said lands and facilities on said land. and the above de- scribed land and facilities shall thereon revert and vest in and bec~e the absolute p~perty of the Deparment of Transportation and its assigns as such inkrest existed ~ior to this de~.* 'Reverter clause and related language to. be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil ,~ights Act of 1964. DLSR(10-86) -15- EXH;B IT "~" APPENDIX C The following clauses shall be' included in any and all 'deeds, licenses, leases, permits, or similar instruments entered into by the RECIPIENT, pursuant to the provisions of Assurance 7(a). The (grantee, l icensee, lessee, permittee, etc.+,. as appropriate)' for himself,. his heirS, personal representatives., successors 'in interest, and assigns, as a part of the consideration hereof, does hereby coyenant' and agree (in the case of deeds and leases add 'as covenant running w.itn the land") that in the event facilities are constructed., maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc,) for a purpose for which a Department of Transpor- tation program or activity is extended or for another purpose involving the. provision of Similar services or benefits, the (grantee, licensee, lessee, permittee, etc,), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in F'ederally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be 'amended. (include in licenses, leases, permits, etc.)* That in the event of breach of any .of the above nondiscrimination covenants, the RECIPIEDFF shall have the right to terminate the (license, lease, permit, etc.} and to re-enter and reoossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc. ) had never been made or issued. (Include in deeds)' That in the event of breach of any of the-above nondiscrimination covenants, the RECIPIENT shall nave the right to re-enter said land and facilities thereon, and the +above described lands and facilities shall thereupon revert to and vest in and become the absolute prooerty of the F',ECIPIENT and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the n, ECIP!E.'.ZT, =ursuant to the provisions of Assurance 7 (b). Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the ourposes of Title YI of the Civil Rights Act of 1964. DLSR(10-B6) -16- -'GREE!~,ENT EXHIBIT "A" APPENDIX C The (grantee, licensee, lessee, permittee, etc., as aoorooriate) for himself, his personal representatives, successors in.interest and assigns, as a part of the consideration hereof, does hereby covenant and agree {in the case of deeds, and leases add "as a covenant running 'with the land") that: {1) no. person on the ground of race, color, Sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) that in the construction Of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, .color, sex, or national origin shall be ex- cluded'from participation in, denied the benefits of, or otherwise be subjected to di scrimi nati on, {3} that the (grantee, licensee, lessee, permittee, etc.,} shall use the prwnises in compliance 'with the Regulations. (Include in licenses, leases, permits, etc,)* -That in the event of breach of any of the above nondiscrimination covenants, the RECIPIE)ff shall have the. right to terminate the {license, lease, permit, etc.) and to re-enter and repossess saia land and the facilities thereon, and 'hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of .breach of any Of'the above nondiscrimination covenants, the' RECIPIENT shall have the right tO re-enter said land and'facilities thereon, and the above descri-bed lands and facilities shall thereupon revert to and vest in and become the absolute property of the ~ECIPIENT, and its assigns. Reverter clause-and related language to be Used onty when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DLSR( 10-86 ) -17- ITEM .NO. '15 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/CitY Manager Tim D. -Serlet, Director Of Public Works/City Engineer· March 23, 19-93 Program Supplement No. 002 to the Local Agency/State Agreement for Federal-Aid Projects for the Traffic Signal at Winchester Road (HWY. 79N) and Margarita Road (PW92-08) PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 002 TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR THE' TRAFFIC SIGNAL II~ISTALLATION AT WINCHESTERROAD'(HWY 79N) AND MARGARITA ROAD BACKGROUND: The City applied for Federal Funding to construct a four-way traffic signal at the intersection of Winchester Road (HWY 79N) and Margarita Road. The funds have been granted and allocated through Program Supplement No. 002 to the Local Agency/State Agreement for Federal-Aid Project No. 08-5459. This program supplement is subject to all the terms and conditions established by Caltrans which require that the local agency to advertise, award, and administer the project subject to Caltrans approval. Funds for the construction of this project have been allocated in the amount of $150,000 and will be administered by Caltrans, District 8. -1- PwO4~agdrPt%93~O323~suppOO2.res. 0315 FISCAL IMPACT: Federal funds have been allocated in the amount of ~150,000, and will be administered by Caltrans, District 8. Attachments:' Resolution 93- Supplement Agreement No. 002 -2- PwO4%egdrpt%93%O323%euppOO2.res 0315 RESOLUTION NO. 93- A RESOLUTION OF THE' CITY COUNCIL OF ~ CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 002 TO LOCAL AGENCY/STATE AG~ NO. 08-5459 BETWEEN THE STATE DEPARTMY~NT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR ~ TRAFFIC SIGNAL .INSTALLATION ATWINCHF-,STERROAD(HWY79N).AND MARGARiTA ROAD The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, before Federal-Aid will be made available for Project No. PW92-08, Traffic Signal Installation at Winchester Road (HWY 79N) and Margarita Road, the LOCAL AGENCY and STATE are required to enter into a Program Supplement Agreement. WHEREAS, Program Supplement No. 002 allocates funding in the amount of $150,000 for the construction of said traffic signal 'project. NOW, THEREFOR, 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 Agreement No. 002 between State Department of Transportation and the City of Temecula. Section 2. Authorize the Mayor to execute said Agreement. Section 3. The City Clerk shall certify 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 23rd of March, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek City Clerk [SEA ] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TERECULA ) I, June S. Greek, City Clerk of the City of Temecula, California,' do hereby certify that Resolution No. 93- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day of March, 1993, by the following vote: COUNCILIVIEMBERS: NOES: ABSENT: ABSTAIN: C OUNCILMF/VXBERS: COUNCILMEMBERS: COUNC1L1V~E1VIB~S: ORIGINAL -te, anuary 199 PROGRAM SUPPLEMENT NO, 002, Loc~tion: 08-RTV-0-TMCA to Project N-tuber: STPLG-5459 (001) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 08-197334 - FOR FEDERAL-AID PROJECTS NO. 08-5459 This Program Supplement is hereby incorporated' into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the.State on /. / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Ma~ter Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached). 'The Local 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 setforth on the following pages. PROJECT TERMINI: WINCHESTER RD (SH 79) AT MARGARITA RD. TYPE OF WORK: TRAFFIC SIGNAL PROJECT CLASSIFICATION OR PHASE(S) OF WORK ['] Preliminary Engineering [ ] Right-of-Way IX] Construction Engineering [X] Construction Estimated costI Federal Funds J LENGTH: [ ] Matching Funds 0.1 (MILES) 150000 33W $ 150000 $ $ 0 Local OTHER OTHER o$ o$ o CITY OF TEMECULA By STATE OF CALIFORNIA Department of Transportation By .DISTRICT DIRECTOR OF TRANSPORTATION DISTRICT 8 Date Date Attest Title [ hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office~//4~440'~~ Chapter I Statutes I Item 587 1992 2660 - 101 - 890 92 - 93 Date /' l l' f3 $ 150000.00 Program I BC I Fund Source j AMOUNT 20.30.010.810 C 262040 892-F 150000.00 Page 1 of 2 08-RIV-0-TMCA STPLG-5459(001) SPECIAL COVENANTS OR REMARKS DATE: 01/22/93 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE 0f the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise; award,'and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. 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 ~s shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local .Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 onthe project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 ITEM 16 APPROVAL CITY ATTORNEY , FINANCE OFFICER . CITY MANAGE~YE R~ TO: : FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ,~'Tim D. Serlet, Director Of Public Works/City. Engineer March 23, 1993 Program Supplement Agreement No. 003 to the Local Agency/State Agreement for Federal-Aid Projects for the Traffic Signal at Margarita 'Road and La Serena Way (PW92-06) PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 003 TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459 BETWEEN THE' STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR THE TRAFFIC SIGNAL INSTALLATION AT MARGARITA ROAD AND LA SERENA WAY BACKGROUND: The City applied for Federal Funding to construct a 3-way traffic signal at the intersection of Margarita Road and La Serena Way. The funds have been granted and' allocated through Program Supplement No. 003 to the Local Agency/State Agreement for Federal-Aid Project No. 08-5459. This program supplement is subject to all the terms and conditions established by Caltrans which require that the local agency advertise, award, and administer the project subject to Caltrans approval. Funds for the construction of this 'project have been allocated in the amount of $115,000~ and will be administered by Caltrans, District 8. - 1 - P.wO4~,agdrpt%93%O323\euppOO3.res 0315b FISCAL IMPACT: Federal funds have been allocated in the amount of ~ 115,000, and will be administered by Caltrans, District 8. Attachments: Resolution No. 93- Supplement Agreement No. 003 -2- Pw04%agdrpt%93%0323%eupp003.ree. 0315b · RF~OLUTION NO. 93- A RFSOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLRMRNT NO. 003 TO LOCAL AGENCY/STATE AGREI2~,iRNT NO. 08-5459 BETWEEN ~ STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEI~ff/L'ULA TO ESTABLISH FUNDING FOR THE ~C SIGNAL 'INSTALLATION ATMARGARITA ROAD AND LA SERENA · W,~Y The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, before Federal-Aid will be made available for Project no. PW92 -06, Traffic Signal installation at Margaxita Road and La Serena Way, the LOCAL AGENCY and STATE are required to enter into a Program Supplement Agreement. WHEREAS, Program Supplement No. 003 allocates funding in the amoun~ of $115,000 for the construction of said traffic signal project. NOW, THEREFOR, BE IT RESOLVRr} by the City Council of the City of Temecula, as follows: Section 1. That the City Council approve and authorize execution of Program Supplement Agreement No. 003 between State Department of Transportation and the City of Temecula. Section 2. Authorize the Mayor to execute said Agreement. Section 3. The City Clerk shall certify 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 23rd of March, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSH)E ) CITY OF TEMECULA ) $$ I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 93- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day of March, 1993, by the following vote: AYES: COUNCILMEMBF. AS: NOES: CO~C]LM]E~ERS: ABSENT: COUNCILMEMBERS: ABSTAIN: - COUNCILMEMBERS: 'ROGR St, PPLZ,iZ NO. 003 D,te: aa, , ary 2o, ~a~iem: 08-RIV-0-~CA to Project ~r: STP~-5459 (002) ~CAL .AGENCY-STATE AG~~ E.A. ~r: 08-197384 FOR FEDE~L-AID PR~ECT8 NO. 08-5459 ~'his Program Supplement is hereby incorporated'intO the 'Lo~at Agency-State Agreement for Federal Aid which was entered into ~etween the Local Agency and the State. on / / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article'II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached). The 'Local Agency further stipulates that as ~ condition to-payment of.funds obligated to this project,. it accepts and will comply.with. the covenants or remarks setforth on the following pages. PROJECT TERMINI: MARGARITA RD AT LA SERENA WAY. TYPE OF WORK: TRAFFIC SIGNAL pROJECT CLASSIFICATION OR PHASE(S) OF WORK ['] Preliminary Engineering [ ] Right-of-Way IX] Construction Engineering [X].Construction Estimated Cost{ Federal Funds 115000 33W. $ $ 115000 $ 0 LENGTH: 0.1 (MILES) CITY OF TEMECULA ~ ] Macthing Funds Local OTHER OTHER 0S 05 STATE OF CALIFORNIA Department of Transportation By DISTRICT EZRECTOR OF TRANSPORTATZ3N DISTRICT = Date Date A~test Title i~ereDv~ert'-~ ~mm¥ ~sona~n~,l~gethatMget~ fu~sareavai[ableforthis ~cu~3ra~e: Acccuntinc Cffic-~/F~/~~'~~4~-~44~ Date ihaaoter' Statutes { Ite~ Q~esr [ ~ro~r~ ~7 ~gg2 2~0- ~S~ -BgO 92-93 20.30.010.810 S 115000.00 ~u~ Source i ~O~T 262040 89~ - F 115n00. O0 Page 1 of 2 08 -RIV-O-TMCA STPLG-5459 (002) SPECIAL COVENANTS OR REMARKS DATE: 01/20/93 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned. Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient. operation of the completed improvements. 2. The Local Agency wil.1 advertise, award;.and administer:this.. project and will obtain the. State's concurrence prior.to either award or rejection of the contract. 3. 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 Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "NondiscriminationAssurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tank or sub-contractor incurring over $25,000 on the project. The audi~ report must state the applicable cost principles utili- zed Dy the auditor in determining' allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 ITEM 17 APPROVAT. ~~ FCIITY ATTORNEY NANCE OFFICER -CITY. MANAGER - CITY OF TEMECULA AGENDA REPORT TO:. City Manager/City Council-. FROM: Mary Jane McLarney, FinanCe Officer DATE: .March 23, 1993 SUBJECT: Disaster Recovery Budget Appropriation Prepared by: Grant M. Yates, Financial Services Administrator RECOMMENDATION: That the City Council: Appropriate an additional $15,000 in account 001-166-999-5288, Police Services from General Fund Unreserved Fund Balance. Appropriate an additional $62,100 in account 001-166-999-5251, Fire Services from General Fund' Unreserved Fund Balance. Appropriate an additional $75,000 in account 001-166-999-5401, Drainage Facility Maintenance from General' Fund Unreserved Fund Balance. Appropriate an additional. $85,000 .in. account 001-166-999-5402, Street Maintenance fr. om .General Fund Unreserved Fund Balance. e Appropriate an additional $5,000 in account 001-166-999-5100, Salaries and Wages from General Fund Unreserved Fund Balance. DISCUSSION: The work being performed as a result of the flooding is winding down and the City is receiving final invoices for services rendered since the date of the flooding. As the final costs are being tabulated, staff finds it necessary to request additional appropriations from the General Fund Unreserved Fund Balance. The original Disaster Budget estimated the costs for Police and Fire services at $20,000 and $19,000 respectively. Recently the final costs for these services have been calculated at $35,000 .for Police and $81,100 for Fire, therefore, additional appropriations are being requested. Public Works is requesting $75,000 for emergency channel clean-out and repairs primarily relating to the Pala Road channel. In addition, Public Works is requesting an additional $85,000 in the Street Maintenance Account to .pay for. em_'ergency street failures, emergency responses, and cleaning the debris. ' Finally, an additional $5,000 is requested to pay for overtime salaries and benefits for staff members who have been providing services related to the flooding. FISCAL IMPACT: It iS necessary to appropriate a total of $242,100 from the General .Fund Unreserved Fund Balance to pay for these ~lood .related services. This request added to the current disaster relief budget 'of '$840,000 brings the revised' Disaster Budget to $1,382,100. Including the additional funding request to clear Murrieta Creek. Attachment; Attachment "A" Disaster Budget Attachment A Disaster Budget Account 5238 5~2 5244 6~3 5288 5~1 5402 5~5 5410 5450 5451 5452 5~5 54~ 5422 5421 5420 Totals DescriPtion Approved Salaries &Wages $ 10,000 Rent Equipment 10,000 Small Tools/Equipment 3,000 Signs 4,000 Ere Service 19,000 Fuel Expense 2,000 Sworn Staff 20,000 Drainage Maintenance 50,000 Street Maintenance 60,000 Traffic Signal Maintenance 30,000' Striping/Stenciling 15,000 Temporary Shelter 15,000 Staff Lodging 1,000 Builtling &Safety Expentlitures 7000 Sandbags 6,000 Ambulance Service 4,300 Sports Park Repairs 0 Winchester Creelc Repairs 0 Sacltllewood 0 Murrieta Creek Clearing 0 Mid-Year - Amended $ 0 $ 0 5,000 0 0 0 0 255,000 100,000 0 0 0 0 0 0 0 150,000 . 5,000 5,000 300,000 Mid-Year Budget 10,000 8,000 4,0OO 19,000 75,0OO 160,000 15,000 1,000 6,OOO 15o,ooo 5,00O 5,00O $ 250,000 $ 590,000 $ 840,000 P, equestud ' Revised Appropriations Budget $ S,000 $ 15,000 10,000 8,000 4,000 81,100 15,000 35,000 75,000 150,000 85,000 245,000 15,000 1,000 · 700 ,6,000 4,300 150,000 5,000 5,000 300,000 * 600,000 S 542,100 $ 1,382,100' * Appropriation contingent upon City Council approving Public Works Staff Report on March 2.3, 1993. I'TEM NO. 18 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT -'- APPROVAL: CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER City Council/City Manager Anthony Elmo, Chief Building Official March 23, 1993 Lease Agreement for Parking Lot for Temecula Valley Senior Center PREPARED BY: Scott Field, City Attorney RECOMMENDATION: That the City Council authorize the Mayor to execute the lease between the City and the State of California for a parking lot for the Senior Citizen Center. The lease shall be in substantially the form presented, subject to the City Attorney's approval as to final form. DISCUSSION: In order to provide adequate parking for the Senior Citizen Center, it is necessary to lease the parking lot for Fire Station 12 from the State.. Once leased,' the parking lot will be constructed to provide 38 parking stalls plus lighting. ' The lease term is five (5) years, subject to a first right of refusal should the State seek to lease the site to a third party at that time. The rental is $0, but the City must pay $500 administrative fee to the State for granting the lease. The parking lot will be for the semi-exclusive use of the Senior Citizens Center. The CDF will retain the right to use the lot as a staging area during emergencies, and as a training area during non-operational hours of the Senior Center. FISCAL IMPACT: Funds for the administrative fee are available in Account #210-199-801-5802. V:WP%AGENDA.REF~CCCMSENIOR,L~ASE - AGENCY: Department of Forestry and Fire Protection Tomsouls Forest Fire Station Lease 0.38 sore LEASR THIS LEASE, made and entered into tbis.17th day of Marsh 1993, by and between the State of California, acting by and through its Director of the Department of General Services, with the approval of the Department of Forestry and Fire Protection, hareinafter called State, and the CitF of Temecula, a MUnicipal Corporation, hereinafter called Lessee. : WTT_N~-SSE.TH: The State has under its control a parcel of land in the county of Riverside, known as the Temecula Forest Fire Station located in .Section 12, Township 8 South, Ranger 3 West, San Bernardins Base & Meridian, and more particularly described as shown by map on file in BoOk 15, Page 736 of Maps, San Diego County Records. Lessee wishes to lease from State an area of 0.38 acre, more or less, of property at said station, for vehicular parking. State concurs in said lease of land--under the terms and conditions horeinafter specified· NOW, THEREFORE, it is mutually agreed by the parties hereto$ 1. State grants the use. of the following described land for the purpose of constructing, maintaining, and operating a vehicular parking area for use by the Lessee in conjunction with the Temecula Senior Citizens Center. 2. The term of this Lease "shall commence on the ~ day of Mmrch. 1993 and shall terminate on the 28th day of 1998, with such rights of early termination as may be hereinafter expressly set forth. Lease premises to be leased by Lessee shall consist of two parcels of land, designated Parcel No. ~ and Parcel No. 2, the sum total acreage of which is 0.38 acre, as shown on the attached Exhibit A, consisting of Sheets 1 and 2, and more particularly described ss follows: P~C~.r. NO. ~ That portion of Block I of the Town of Tamsouls, County o~ Riverside, State of California, as shown by map on file in Book lS of Maps, page 726, San Diego County Records, described as follows: cz \~OO'kDOCtmfST~FtOlO~n~ .TEN ~ ee Lots 10, 11, 12, 13 and 14 of said Block 1; .TOGETHER WITH, a strip of land 10 feet wide being the southeasterly half of the 20-foot wide unnamed alley in said Block-1 as'-sh'own on said map, lying between the northeasterly line of Lot 14 projected and extended to the centerline of .said alley and the southwesterly line of Lot 10 projected and extended to the centerline of said alley; said alley being vacated and abandoned on June 17, 1975 by Resolution No. 75-175 of the Riverside County Board of Supervisors/ EXCEPTING.THEREFROM,.the southwesterly' 12.5 feet of aforesaid bot.lO and the southwesterly 12.5 feet of the afore described portion of said alleyy said excepted described lend being the northeasterly half of the 25-foot wide non-exclusive road easement granted- by the State to Tamecola Union School District by Agreement and Grant of Easement dated May 5, 1975, recorded on June 23, 197S, as document No. 73406, in Book 1975, Page 73406, Official Records of Riverside County; saJ. d road easement also being "Parcel B' described in that certain Grant Deed recorded November. 12, 1991, as Document No. 390860, in Book 1991, page 390860, Official Records of Riverside County; and~ ALSO EXCEPTING therefrom, the following described portions of said Lots 10, 11, 12, 13, 'and 14, reserved.by State for. future use as right of way for Sixth Street col-de-sac: Commencing at a point being the late=section of the southwesterly line and the southeasterly line of said Block 1; said point also being the most southerly' corner of Lot 1 of said Block 1; and said southeasterly line of Block I being, for its entire length, Identical to the norEhwesterly right of way line of Sixth Street; thence, from said point of commencement, North 44° 21'15" East 237.5 feet along said southeasterly line of Block 1 to the most easterly corner of aforesaid 25-foot wide non-exclusive ,.road easement, being the TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, the followlag 5 courses: x) 2) leaving said southeasterly lino of Block 1, North 29° 01' 29'* East 15.12 feet; North 28° 05' 38" East 50.00. feet to the beginning of a tangent curve, concave southeasterly, having a radius of 50.00 feet; 3) Northeasterly along the arc of seid curve through a central angle of 62° 12' 03" ~n arc distance of 54.28 feet to a point on the northeasterly line of said Lot 14~ .I 4) 5) · ou~h 45° 31' 15" Bast 4.77 feet along said northeasterly line of Lot 14 to its point of intersection wivax..sa~d so~the~sterl~ line of BLock 1; said point of intersection being the most easterly corner of said Lot 14. South 44° 21' 15" West 112.5 feet along said southeasterly line of BloCk 1 to the TRUE POXNT OF B~GZNNING. Basis of Bearings for foregoing described courses being: North '45° 31' 15" West for the centerline of Metcedes Street and North 44° 21/ 15" East for the centerline of Sixth Streets each street having 60.00 feet wide right of way comprAsing of 30.00 feet on each side of street centerline, measured perpendicular to street centerline, as shown on a Survey Plat based upon a field survey e n 195 for · California make by 'Walker" i S th Department of Porestry and Fire Protection (CDF), a copy of which is on file at CDF Headquarters, Sacramento, California. Area of Parcel No. I being 0.36 acre, more or less. PARCh. N~. 2 That portion of Block i of the Town of Temecula, County of Riverside, State of california, as shown by map on file in Book 1S of Maps, page 726, San Diego County Records, described as follows: Lot 9 of said Block 1; TOGETHER WITH a strip of land 10 feet wide, being the southeasterly half of the 20-foot wide unnamed alley in said Block I as shown on said map, lying between the northeasterly line of said Lot 9 projected and extended to the centerline of said aX.ley and .the southwesterly line of said Lot.9 projected and extended to the centerline of said alley; · said alley being vacated and abandoned on June 17, 1975 by Resolution No. 75-175 of the Riverside County Board of Supervisors; EXCEPTING therefrom the northeasterly 12.50 feat of said Lot 9 and the northeasterly 22.50 feet of the afore described portion of alley; said excepted described land being the southwesterly half of that 25.CO-foot wide non-exclusive road easement referred to in'the foregoing description of Parcel No. 1; and, ALSO EXCEPTING therefrom, the southwesterly 6.00 feet of said Lot 9 and the southwesterly 6.00 feet of the afore described portion of alley; Area of said Parcel No. 2 being 0.02 acre more or less. At %FL0~0793. TEN 3 State hereby grants permission for Lessee to enter upon portions orStats-owned Tamsouls Forest Fire Station land'that lie off of the lease premises, for the rollowing purposes: a) For Lessee to construct, at'-its'-expense, sidewalk, retaining wall and guardrail improvements on State-owned land located close to,- along, southwesterly of and adjacent to the southwesterly line of said Lease Parcel No. 2; such improvements may be extended portions of llke improvements that Lessee constructs on said Lease Parcel No. 2. Said sidewalk, usrdrall, and retaining wall constructed off-lease prem~;es by Lessee shall ~s ma'lntained .by Lessee and shall be left intact and become property of the State upon termination of this lease. b) For Lessee to replace, at its expense, a portion of Stats's stormdrain culvert located within the southwesterly 125 feet of the 20-foot wide vacated alley between Lots I through 5 and Lots 28 through 32 of Block 1 of the Town of Tamsouls as shove by aforesaid attached Exhibit A. Said portion of existing culvert, approximately 104 feet long, is part of State's stormdrain system that drains the lease premises; however, it is undersized. Such construction by Lessee shall consist of removing said existing culvert end constructing replacement culvert having larger flow. capacity as required for drainage of lease premises. upon completion of such culvert replacement construction, said constructed culvert shall become the property of the State who shall thereafter be responsible for its maintenance. Details for said permitted. off-lease premises construction shall be included in Lessee's plans and specifications for construction of parking lot improvements on the lease premises· Lessee shall not enter upon said off-lease premises land, nor start said construction thereon, .w~thout first having .obtained State's approval in writing of Lessee's plans and specifications for'said'workl " The Lessee, in exercising permission given herein to enter upon said State-owned, off-lease premises land and to construct and maintain said improvements thereon, shall hold the State harmless in accordance with condition 11 of this lease. Lessee understands and agess that the State retains the right to use said lease premises for fire camp and staging area in emergency situations and as a training area during non-operating hours of the Senior Citizens Center. C :\k/S:ZOOO'%DOCUNENT%FL010T;'). 1EN i 10. 11. In consideration of lease, Lessee shall pay a yearly rental of S 0-, payable annually in advance. Rental payments shall be delivered to the Department of General. Services~ Accounting Office, PC Box 151, Sacramento, California 95801. The fees herein are based on the understanding that the Lessee will not collect fees for parking on said property. If fees are collected, the fees as stated herein can be reoalculated by the State. State recogni~es that Lessee is spending approximately' $311,000 to improve this State property. Existing State law limits the lease term to a five year period. The useful life of s~id aforementioned. construct'ion. is 35 ~years. State agrees .to a '25 year straight line depreciation of said construction. The Lessee shall pay to the State a $500.00 Administrative Fee for granting of this lease; said fee shall be incorporated into the annual rental fee for the first year of this lease. Lessee a~rees to pay said rent as herein provided and to pay all util ty charges, such as gas, electricity, water, etc., and/or any other charges payable in connection with Lessee's use and maintenance of said property during the term of this Lease. Lessee and any.and all agents and employees' of Lessee shall act in an independent capacity and not as officers or employees of State. Nothing herein contained shall be construed as constituting the parties herein as partners· Lessee shall maintain the Premises, including all irrigation and drainage ditches, in weed free condition and ~n good repair, and at Lessee's own cost and expense. This Lease is made upon the expressed'condition that the State of California is to be free'from all liabillty and claims of damages by reason of any injury to any person or persons, including Lessee, or property of any kind whatsoever and to .whomsoever belonging including Lessee, from any cause or causes whatsoever while .in upon, or.in. any way connected with the premises during the term of this Lease or any occupancy hereunder, except those arising out of sole negligence of the State. Lessee agrees to defend, indemnify and save harmless the State of California from all liability, loss, cost, or obligation on account of or arising out of any such injury or loss, however occurring· The State will not be responsible for losses or damage to personal property, equipment or materials.of the Lessee· State shall assume responsibility for any substantial damages caused by State's use as speoi.fied in p!ragraph 5. Lessee may modify, alter and/or reconstruct State,owned improvements located on lease premises and may further construct other improvements on lease premises for purpose of and appropriate for public parking of motor vehicles and security thereof; except that no permanent structures other than specified herein, shall be constructed by lessee on'the lease premises. A:\FLO10TW3.TB4 S such modification, alteration and/or reconstruction of ==[d State-owned improvements and any further improvements oZ lease premises shall not be done.by.,.!~.ssee .without first having obtained the State's approval in writing of the lessee's plans and specifications for said modifications, alteration, reconstruction and construction of improvements. · The State recognizes that at the termination of the original term of this lease ~he City of Temecula has the first right of refusal to renew the lease for continued operation. Upon the. termination of this ~easa fQr'any cause,. the Lessee.' shall remove any and all equipment from leased premises. Any and all improvements made to leased premises shall remain and become property of State. All notices excepting those called for in Item 6, herein. provided to be given or which may be given by either party to the' other shall be deemed tO have been fully given when made in writing and deposited in the U.S. mail, certified, postage prepaid, and addressed as To Lessee: City. of Temecula 43174 Business Park Drive Temecula CA 92590 18. 19. And to State: Department of Forestry and Fire Protection Technical Services PC Box 944246 Sacramento CA 94244-2460 The addresses to which said notices may be mailed as aforesaid by either party, may be changed by.written notice given by subject party to the other as her.lab. fore provided; but, nothing her.in contained shall preclude the giving of any such notice by personal service. Lessee 'shall not, 'without previous'. consent'in ~riting of State, sublet the premises tn'~hole 'or in part, nor assign this lease or any interest her. in. During continuance in force of this lease, there shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents, employees, representatives or licensees, the right at any and all time, and any and all places, to temporarily enter upon said premises for survey or other lawful State purposes. Any holding over after expiration of the term of this lease with the consent of State expressed or. implied, shall be deemed to be a tenancy o. ly from month to month. Rental for said holding over shall be paid monthly in advance~ said rent being a pro rate portion of annual rental fee. Said month to month tenancy shall be subject otherwise to all terms and conditions of this lease so far as applicable. A:\FLOIOFg) .TEN Lessee agrees that in no eyent shall State be required to perform any maintenance on or make repairs or.a~erations to the lease premises of any nature whatsoever. LesSee agrees to keep leased premises An good order and condition at his/her sole cost and expense. 21. '22° Lessee agrees not to interfere, in any way, with the interests of any person or persons that my presently, or in the future, hold 0tl, gas,. or other mineral interests upon or under said premises nor shall Lessee, An any way, interfere with the rights of ingress and egress of said interest holderS". This lease is subject ~o' all existing easements and'rights of way. State further reserves the right to grant additional public utility easements as may be necessary and Lessee hereby consents'to the granting of any such easements. The public utility viII be required to reimburse Lessee for any damages caused by the construction york on the easement area, if any easement is granted and any subsequent construction work, causing damage, is done. 23. Lessee agrees that the State's pedestrian and vehicular means of access to lease premises is by its rightful use of that certain road easement and paved road therein that is referred to and described in the 'legal description of lease premises and shown as a 25-foot wide road easement on EXHIBIT A, which is attached to and made a part of the lease; and Lessee agrees to use the lease premises, including improvement thereof, so as not to interfere with state's access to and from the lease premises by means of said road easement and paved road therein. No dumping of refuse by Lessee As permitted in any area of the premises, and .Lessee shall not commit or suffer'to be committed any waste or nuisance upon the premises. Lessee agrees.not to cut or remove any trees thereon except as approved in writing by State] and Lessee further agrees that they shall at.all times exercise-.due diligence in' the protection of the premises against damage or destruction by 'fire or other cause. 25. Lessee agrees to'pay all lawful taxes, assessments, or charges which at any time may be levied upon interest in this agreement. It is understood that this lease may create a possesscry interest subject to property taxation and Lessee may be ~ubject to the payment of proper~y taxes levied on such interest. 26. Lessee shall, at their sole cost and expense, comply with all of the requirements of all State, and Federal authorities now in force, or which may be in ~orce pertaining to the premises. Lessee agrees that they will not discriminate against any ample ee or applicant for employment because of race, color, relig~on, ancestry, national origin, sex, age, or physical handicap. Lessee agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment ~lthout regard to their race, color, k:\fi, OlO?~3.TIH ? 29. religion, national origin, sex, age, or physical handicap. (See California Labor Code Section 1411-1432.5 for further details. ) Lessee shall furnish to State an insurance certificate with amounts of public liabil~ty insurance of not less than $10Q,000.00 for each person, $500#000,00 fbr each oc.Currence and .property damage. of at lease S100,000.00 or a combined single limit'policy 'of not l~s. than $500,000.0, naming the 0 .. .State of California, ItS officers, agents and employees as additional insured. It is agreed that State viII not be liable for the payment of any premiums or assessments on the insurance coverage required by this paragraph. The certificate cf insurance shall provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice. Lessee agrees that the insurance barsin provided for shall be in effect at all time during the term of this lease. In the event said insurance coverage expires at any time or times during the term of this lease, Lessee agrees to provide State at least thirty (30) days 'prior to said expiration date, a new certificate of insurance evidencing insurance coverage as of the lease, or for a period of not less than one (1) year. In the event Lessee fails to keep in 'effect at all times insurance coverage as herein provided, State may, in addition to any other remedies it may have, terminate this lease upon '~he occurrence of such event. · ~essee has visited and inspected said Premises and it is ag=eed that the acreage stated herein and on the attached Exhibit "A" is only approximate and the State does not hereby warrant or guarantee the actual acreage included hereunder. , A:\rLOIOT~3.TEN 8 FROt'I:CDF TEOH SL:RUZCES TO: 9e9 694 1999 MPR 1B, ~993 1:54PM 1~4~ P.10 IN WITNESS WHERBOF, this Lease has been executed by the parties hereto as of the date first hereinabove written. APP~QV~D aN- FOR ~XF. CUTTgW ny T~F. ST&T~.x REGION IIl, DEPARTMENT OF FORESTRY Signature: Printed Names Title: Printed Name: .David. F. DlXon Title: City Manager ATTFaT: Printed Namez ~une S. Greek Title: City Clerk. Xpproved as to form: Printed N~me: Scott F. Field TAtle: City of A~torney 2. g~,IFORNI& D~-PARTMRNT OF FORESTRy By: cTAT~. OF C~X. FORNTA D~-P~RTM~4T OF ~N~RAt SKRVICES By: Signature: Printed Na~e: Tjtle: Signature:_ Printed Name: Title: Az%FLOIOPgS.V&'N _ ~ ctH ~FATt ~t A'W'I.I IT FILl NO R~D/BLJ (ICI[ 1'/ CMKK DA. TI R^D IO-Zn~ rLS r.,.~CR. SUPERVISOR ' Oa~ 10.-2'~'9Z EXHIBIT A PROJECT LEA~E OF LAND TOCIT~OFTE~CULA LOCATION TEMXCULA F.F. S. /,TV~SI])E COUWFY, J85GIOff III SilEET 2 OF 2 J ~.~ N©. TO: FROM: DATE: SUBJECT: ' '-'* '- APPROVAL: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official March 23, 1993 Lease Agreement for Parking Lot for Temecula Valley Senior Center PREPARED BY-' Scott Field, City AttOrney RECOMMENDATION: That the City Council authorize the Mayor to execute the lease between the City and the State of California for a parking lot for the Senior Citizen Center. The lease shall be in substantially the form presented, subject to the City Attorney's approval as to final form. DISCUSSION: . In order to provide adequate parking for the Senior Citizen Center, it is necessary to lease the parking lot for Fire Station 12 from the State.. Once leased,'·the parking lot will be constructed to provide 38 parking stalls plus lighting: .. The lease term is five (5) years, subject to a first right of refusal should the State seek to lease the site to a third party at that time. The rental is $0, but the City must pay $500 administrative fee to the State for granting the lease. The parking lot will be for the semi-exclusive use of the Senior Citizens Center. The CDF will retain the right to use the lot as a staging area during emergencies, and as a training area during non-operational hours of the Senior Center. FISCAL IMPACT: '. Funds for the administrative fee are available in Account #210-199-801-5802. V:WRAGENDA.REP~CCCMSENIOR. L:EASE o'. AGENCY: Department of Forestry and Fire Protection Temecula Forest Fire Station Lease 0.38 acre LEASE. .. THIS LEASE, ads and entered into thls.17th day of March 1993, by and between the State of California, acting by andthrough,its Director of the Department of General Services, with the approval of the Department of Forestry and Fire Protection, hereinafter called State,. end ~he City' of Tamsouls, a MUnicipal Corp~ration',. hereinafter called .Lessee. e, The State has under its control a parcel of land in the County of Riverside, known as the Temecula Forest Fire Station located in .Section 12, Township 8 South,' Ranger 3 West, San Bernerdino Bass & Seridian, and more particularly described as shown by map on file in Book 15# Page 736 of Maps, San Diego County Records. Lessee wishes Co lease from State an area of 0.38 acre, more or less, of property at said station, for vehicular parking. State concurs in said lease of land'under the terms and conditions hereinafter specified. NOW, THEREFORE, it is mutually agreed by ~he parties he.sect State grants the use. of the following described land for the purpose of constructing, maintaining, and operating a vehicular parking area.for use by the Lessee in conjunction with the Temecula Senior Citizens Center. The term .of..this Lease shall commence on the a/th day of MarCh, 19~3 and shall terminate on the aaj~l day of FebrUary -1998, with such rights 'of early termination as may be hereinafter expressly set forth. Lease premises to be leased by Lessee shall consist of two parcels of land, designated Parcel No. I and Parcel No. 2, the sum total acreage of which is 0.38 acre, as shown on the attached Exhibit A, consisting of Sheets I and 2, and more particularly described as follows: p~cRr. NO. m That portion of Block 1 of the Town'of Tamsouls, County of Riverside, State of California, as shown by map on file in Book 15 of Maps, page 726, San DieVo County Records, described as follows: CI\t~S2OOO%D(X:tJ4gMT~kFLOIOTV3.TSI 1 · v$ Lots 10, 11, 12, 13 and 14 of said Block 1; .TOGETHER WlTII, a strip of land 10 feet wide being the southeasterly half of the 20-foot wide unnamed alley in said Block'-1 as'-sh'own on said map, lying between the northeasterly line of Lot 14 projected and extended to the centerline of said alley and the southwesterly line of Lot 10 projected and extended to the centerline of said alley; said alley being vacated and abandoned on June 17, 1975 by Resolution No. 75-175 of the Riverside County Board of SupervLsorsl EXCEPTING.TH.EREFROM,.the southwesterly' 12.5 feet .of aforesaid LOt 10 and the southwesterly 12.5 feet of the afore described portion of said alley] said excepted described land being the northeasterly half of the 25-foot wide non-exclusive road easement granted by the State to remecula Union School District by Agreement and Grant of Easement dated May 5, 1975, recorded on June 23, 197S~ as document No. 73406, in Book 1975, Page 73406, Official Records of Riverside County; said road easement also being "Parcel B' described in that certain Grant Deed recorded November. 12, 1991, as Document No. 390860, in Book 1991# page 390860, Official Records of Riverside County; and~ .I ALSO EXCEPTZNG therefrom, the following described portions of said LOts10, 11, 12, 13, 'and 14, reserved.by State for future use as right of way for Sixth Street cul-de-sac: Commencing at a point being the intersection of the southwesterly line and the southeasterly line of said Block 1; said point also being the most southerly corner of Lot 1 of said Block 1; and said southeasterly line of Block I being, for its entire length, identical to the northwesterly right of way line of Sixth Street; thence, from said point of commencement, North 44° 21'~5" East 237.5 feet along said southeasterly line of Block 1 to the most easterly corner of aforesaid 25-foot wide noneexclusive .road easement, being the TRUE POINT. OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, the followlng 5 courses: z) .2) leaving said southeasterly line of Block 1, North 29° 01' 29" East 15.12 feet; North 28° 05' 38" East 50.00 feet to the beginni ng of a tangent curve, concave southeasterly, having a radius of 50.00 fe~t; 3) Northeasterly along the arc of said curve through a central angle of 62° 12' 03" ~n arc distance of 54.28 feet to a polnt on the northeasterly lane of said Lot 14; A:'%FtOIOT~.!EN SoU~h 45° 31' 15" East 4.77 feet along said northeasterly line of Lot 14 to its point of intersec~ion with.~said southe%sterly line of Block 1; said point of intersection being the most easterly corner of said Lot 14. South 44° 21' 15" West 112.5 feet along said southeasterly ~ine of BloCk I to the TRUE POINT OF BEGINNING. Basis of Bearings for foregoing described courses being: North 45° 31' 15" West for the centerline of Metcedes Street and North 44° 21' 15" 'East ~or the centerline of Sixth Street~ each street having g0.00 feet wido right of ray comprising o~ 30.00 feet on each side of street centerline, measured perpendicular to street centerline, as shown on a Survey Plat based upon a field survey make ' n 195 for by 'Walker" i 8 the Cali~ornia Department of Forestry and Fire Protection (CDF), a copy of which is on file at CDF Headquarters, Sacramento, California. Area of Parcel No. I being 0.36 acre, more or less. PARCwff. N~. ~ That portion of Block i of the Town of Temecula, County of Riverside, State of california, as shown by map on file in Book 15 of Maps, page 726, San Diego County Records, described · as follows: Lot 9 of said Block if TOGETHER WITH a strip of land 10 feet t e 20-foot wide unnamed wide, being the southeasterly half of h alley in said Block 1 as shown on said map, lying betwecn the northeasterly line of said Lot 9 projected and extended to the centerline or said alley. and the southwesterly line of said Lot 9 projected and'extended to the centerline of said alley; said alley. being vacated and abandoned on June 17, 1975 by Resolution No. 75-175 of the Riverside County Board of Supervisors; EXCEPTING therefrom the northeasterly 12.50 feet of said Lot 9 and the northeasterly 12.50 feet of the afore described portion of alley; said excepted described land being the southwesterly half of that 25.00-foot wide non-exclusive road easement referred to in'the foregoing description of Parcel No. 1; and, ALSO EXCEPTING therefrom, the southwesterly 6.00 feet of said Lot 9 and the southwesterly 6.00 feet of the afore described portion of alley; Area of said Parcel No. 2 being 0.02 acre more or less. A:%FL0~OTq/] .TER 3 State hereby grants permission for Lessee to enter upon portions of State-owned Temecula Forest Fire Station land that lie Off of the lease premises, for the following purposes= a) For Lessee to construct, at. its'-expensi, sidewalk, retaining wall and guardrail improvements on State-owned land located close to, along, southwesterly of and adjacent to the southwesterly line of said Lease Parcel No. 2; such improvements may be extended portions of like improvements that Lessee constructs on said Lease Parcel No. 2. b) Said sidewalk, usrdrall, and retaining wall' constructed off-lease prem~;es by Lessee shall be maintained by Lessee and shall be left . ' intact and become property of the State upon termination of this lease. For Lessee to replace, at Ate expense, a portion of State ' s stormdrain culvert located within the southwesterly 12S feet of the 20-foot wide vacated alley between Lots 1 through 5 and Lots 28 through 32 of Block 1 oZ the Town of Tomsouls as shown by aforesaid attached v-xhibit A.' Said portion of existing culvert, approximately 104 feet long, is part of State,s stormdrain system that drains the lease premises; however, it is undersized. Such construction by Lessee shall consist of removing said existing culvert and constructing replacement culvert having larger flow- capacity as required for drainage of lease premises. Upon completion of such culvert replacement construction, said constructed culvert shall become the property of the State who shall thereafter be responsible for its maintenance. Details for said permitted. off-lease premises construction shall be .included in Lessee's plans and specifications for construction of parking lot improvements on the lease PremiseS'. Lessee shall not enter upon said off-lease premises land, nor start said construction thereon, without ~irst having .obtained Sta~e's approval-in.writing of Lessee,s plans and specifications for said'york. ' The Lessee, in exercising permission given heroin to enter upon said State-owned, off-lease premises land and to construct and maintain said improvements thereon, shall hold the State harmless in accordance with condition 11 of this lease. Lessee understands and agees that the State retains the right to use said lease premises for fire camp and staging area in emergency situations and as a training area during non-operating hours of the Senior Citizens Center. C ~\VS2OOO%!)OCUIEIIT~FLOI 07T'J. TEN i 10. In consideration of lease, Lessee shall pay a yearly rental of ~_a_, payable annually in advance. Rental payments shall be delivered to the Department of General-Services~ Accounting Office, PC Box 151, Sacramento, California 95801. The fees her·in are based on the understanding that the Lessee will not collect fees for parking on said property. If fees are collected, the fees as stated her·in can be reoalculated by the State. State recognizes that Lessee is spending approximately' 6311,000 to improve this State property. Existing State law limits the lease term to a five year period. The useful life of' s~id aforementioned construction. is 25 'years. .State agrees .to a '25 year straight line depreciation of said construction. The ~essee shall pay to the State a $500.00 Administrative Fee for granting of this lease; said fee shall be incorporated into the annual rental fee for the first year of this lease. Lessee a tees to pay said rent as her·in provided and to pay all util~ such as gas, electricity, water, etc., ty charges, and/or any other charges payable in connection with Lassee's use and maintenance of said property during the term of this Lease. Lessee and any.and all agents and employees of Lessee shall act in an independent capacity and not as officers or employees of State. Nothing her·in contained shall be construed as constituting the parties her·in as partners· Lessee shall maintain the Premises, including all irrigation and drainage ditches, in weed free condition and in good repair, and at Lessee,s own cost and expense. This Lease is made upon the expressedcondition that the State of California is to be free from all liability and claims of damages by reason of any injury to any person or persons, including Lessee, or.property of any kind whatsoever and to whomsoever belonging including Lessee, from any cause or causes whatsoever while .in upon, or.in.a~y way connected with the premises during the term of this Lease or any occupancy her·under, except those arising out of sole negligence of the State· Lessee agrees to defend, indemnify and save harmless the State of California from all liability, loss, cost, or obligation on account of or arising out of any such injury or loss, however occurring. The State will not be responsible for losses or damage to personal property, equipment or materials of the Lessee. State shall assume responsibJ. lity for any substantial damages caused by State's use as specified in p~ragraph 5. Lessee may modify, alter and/or reconstruct State~owned improvements located on lease premises and may further construct other improvements on lease premises for purpose of and appropriate for public parking of motor vehicles and security thereof; except that no permanent structures other than specified herein,'sha11 be constructed by lessee on'the lease premises. A:%FLO1QT~3.TEIq S 16. 18. 19. such modification, alteration and/or reoonstruction of ~d State-owned improvements and any further improvements. of lease premises shall not be done. by..L~ssee .without first having obtained the Staro's approval in writing of the lessee's plane and specifications for eaid modiZi. cations, alteration, reconstruction and construction of improvements. The State recognizes that at the termination of the original term of this lease ~he City of Temecula has the first right of refusal to renew the lease for continued operation. Upon the termination of this .Lease fCr'~ny cause,. the Lessee-. shall 'remove any and all equipment from leased premises. Any and all i~provements made to leased premises shail remain and' become property of State. All notices excepting those called for in Item 6, herein.. provided to be given or which may be given by either party to the.other shall be deemed to have been fully given when made in writing and deposited in the U.S. mail, certified, postage prepaid, and addressed as Zollows~ To Less.st Xnd to State: City. of Temecula 43174 Business Park Drive Temecula CA 92590 Department of ForsaUcy and Fire Protection Technical Services PC Box 944246 Sacramento CA 94244-2460 The addresses to vhich said notices may be mailed as aforesaid by either party, may be changed by written notice given by subject party to the other as heroinbefore providedy but, nothing heroin contained shell preclude the giving of any such notice by perso, el service. Lessee shall. not, vithout previous'.consent.in"Writing of State, sublet the premises in.~hole or. in part, nor assign this lease or any interest heroin. During continuance in force of this lease, there shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents, employees, representatives or licensees, the right at any and all time, and any and all places, to temporarily enter upon said premises for survey or other lawful State purposes. Any holding over after expiration of the term of this lease with the consent of State expressed or-.implied, shall be deemed to be a tenancy only from month to month. Rental for said holding over shall be paid monthly in advancey said rent being a pro rate portion of annual rental fee. Said month to month tenancy shall be subject otherwise to all terms and conditions of this lease so far as applicable. a t \F LO 101~3. !i Lessee agrees that An no event shall State be required to perform any maintenance on or make repairs or.a~terations Co the lease premises of any nature whatsoever. LesSee agrees to keep leased premises An good order and condition at his/her sole cost and expense. '22. Lessee agrees not to interfere, in any way, with the interests of any person or persons that may presently, or in the future, hold oil, gas,-or other misstel interests upon or under said premises nor shall Lessee, in any way, ~ntsrfere with the rights of ingress and egress of said interest holderS. This lease is subject to' all existing easements and'rights of way. State further reserves the right to grant additional public utility easements as may be necessary. and Lessee hereby consents'to the granting of any such easements. The public utility vill be required to reimburse Lessee for any damages caused b~ the construction work on the easement area, if any easement is granted and any subsequent construction work, causing damage, is dons. Lessee agrees that the Staro's pedestrian end vehicular means of access to lease premises is by its rightful use of that certain road easement and paved road therein. that is referred to and described An the 'legal description of lease premises and shown as a 2S-foot wade road easement on EXHIBIT A, which' is attached to and made a part of the lease; and Lessee agrees to use the lease premises, including improvement thereof, so as noC to interfere with Staro's access to and from the lease premises by means of said road easement and paved road therein. No dumping of refuse by Lessee is permitted in any area of the premises, and Lessee shall not commit or suffer to be committed any waste or nuisance upon the premises. Lessee agrees not to cut or remove any trees thereon except as approved in writing by StateS and Lessee further agrees that · they shall at all times exercise .due diligence in'. the protection. of the' premises against damage or destruction by fire or other cause. 25. Lessee agrees to pay all lawful taxes, assessments, or charges which at any time may be levied upon interest in this a~reement. It is understood that this lease may create a possesscry i,terest subject to property taxation and Lessee may be subject to the payment of property taxes levied on such interest.- 26. Lessee shall, at their sole cost and expense, comply wit~ all of the requirements of all State, and Federal authorities now in force, or which may be in Zeros pertaining to the premises. Lessee agrees that they will not discriminate against any ample ee or applicant for employment because of race, color, relig~on, ancestry, national origin, sex, age, or physical handicap. Lessee agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment ~ithouC regard to their race, color, religion, national origin, sex, age, or physical handicap. (See California Labor Code Section 1411-1432.S for further details.) 28. Lessee shall furnish to State am insurance certificate w~th amounts of public liab~lity insurance of not less than · $100,000.00 for each person, $500,000.00 fbr each occurrence. · and 'property damage. of at lease $100,000-.00 or. a combined.' s~ngle limit p~licy of not lmss. than $S00,000.00, naming the .State of California, its officers, agents and employees as additional insured. It is agreed that State will not be lisble for the payment of any premiums or assessments on the insurance coverage required by this paragraph. The certificate of insurance shall provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice. Lessee agrees that the insurance herein provided for shall be in effect at all time during the term of this lease. In the event said insurance coverage expires at any time or times during the term of this lease, Lessee agrees to provide State at least thirty (30) days 'prior to said expiration date, a new certificate of insurance evidencing insurance coverage as of ~he lease, or for a period of not less than one (~} year. In the event Lessee fails to keep in 'effect at all times insurance coverage as herein provided, State may, in addition to any other remedies it m~y have, terminate this lease upon 'the occurrence of such event. 29. Lessee has visited and ~nspected sa~d Premises and it is agreed that the acreage stated herein and on the attached E~hibit cA" is only approximate and the State does no~ hereby warrant or guarantee the actual acreage included hereunder. , x: ~,rL010?~3. TEN FRI:~:CDF TECI-t Si~RUICES 989 694 1999 MAR 1B' 1993 1: 54PM 1:1846 p. 18 IN WITNESS WHEREOF, this Lease has been executed by the parties hereto as of the date first hereinabove written. APPI{QVKD AND.RRCM3BeM~NDRn FOR '~X~-~FI'Tq)N ny TRw-~TATr. z 1. REGION III, DEPARTMENT OF FORESTRY By: SIgnature: _ Stqnature:i Printed Names : Printed Name: .David F. D1Xon Title: Title: City ManaVer ATTBST: hinted Name: June S. Greek Title: City Clark Approvest as to form: ~rinted ~ame: Scott F. Field Title: .City of A=torney 2. 9AtTFOR~IA DEPARTMENT OF FORESTRy cTAT~ OF CA~,~FORNYA ~P~~ OF ~NRRAT. SERVICES By: By: Signature: Printed Name: Title: Signature:_ Printed Name: Title: As %IrLOlOF93.TF, II J, Vt~l IY RAD/_BLJ IlK:If IY PILl NO CHICK DATI IO-Z'q- ~Z · 'kl ~..~GR, SUPERVISOR o,kre 10-29'9Z .'~~, .....,.,-.,,.,,-., . ,I:-;;.. ........................,.,, ...............~,~ ~ ! '~ _/s_ i_/_. .~- -I ~'~ { *vI I ~" ' ' P.~,~ HA,· X'I~'~/I#~D ZN P'JAP "I I aaa,/s. ~Mz 7z .~, nR. I I . f · ' -.1. I I il i I CdR~ta OF zor I · \\ //JO' ,18' "1'*,---** ......"""""~,~ ....... -~' ' ""'" Na, f'Jl'/-f*W 'At4#O I~'~,,""' ~.mm~e _ ,, ,--- , LOCATION 2T3~CULA F.F.S. la LT',/EISIDE 00UNTT, REGION ' EXHIBIT A S!IEET 20~' 2 ~ Pt~N NO. ITEM NO. 19 ORDINANCE NO. 93-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEbiECULA ADDING DIVISION 4 TO CHAFFER 6.14 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO GRAFFITI REMOVAL AND ESTA_BLISItlNG REWARDS FOR INFORMATION LEADING TO THE SUCCESSFUL CONVICTION OF ANY PERSON PLACING oN ANY PtrSLXC OR HUVATE eaOnmTY, WHEREAS, graf~ti on public and priVate'property is a blighting factor which not only depreciates the value of the pwperty, but also the value of the adjacent and surrounding communities; and WHEREAS, 'the proliferation of graf~ti' vandalism is often gang related and can be the beginning signs of greater illegal activities; and WHEREAS, criminal penalties under Penal Code Sections 594, 640.5 and 640.6 for acts of graffiti include fines up to $50,000, imprisonment up to one year in State Prison or County Jail, restoration of property, up to 96 hours community service by the perpetrators, and may include direct supervision of community service by a person's parent or legal guardian; and WHEREAS, under Civil Code Section 1714.1Co), the parent[s] or legal guardian[s] of a minor can be held civilly liable up to $10,000 for damages to the property of others caused by the willful misconduct of the minor resulting in the defacement of such property; and WHEREAS, Government Code Section 53069.3 authorizes this City to enact ordinances to pwvide for the use of City-funds to remove graffiti from public and privately owned permanent structures located within the City; and WHEREAS, pursuant to Government Code Section 53069.3; the City Counc~ of the City Of Temecula finds and determines that graffiti or other inscribed material on public or privately owned structures on public or privately owned property within the City is · obnoxious to the public health, safety, and general welfare of the community' and the citizens of this City; and WHEREAS, the City Council finds and determines that the prompt removal of any and all graffiti wherever located in the City is in the public interest and for the public benefit; and V(HEREAS, the City Council finds and determines that a program allowing for the use of City funds to remove graffiti on public and private property is a suitable mechanism for the prevention and removal of graffiti within the City; and 2\ORDS\93-O3 WHEREAS, the City Attorney is hereby directed to seek restitution for the costs to the City for the removal of gmffiti wherever authorized bylaw; NOW, THEREFORE, ~ CITY COUNCIL OF THE CITY OF TF-aMECULA ORDAINS AS FOLLOWS: Section 1. · Purpose and Intent. It is the intent Of the City Council of this City to provide for the removal. of graf~ti' on public and private property as set forth in this ordinance, and to authorize the use of rewards for encouragement of information leading to the conviction of persons placing graf~ti on any public' and private property. Section 2. ."Division 4 - Graffiti Removal" is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "DMSION 4 - GRAFF1TI REMOVAL 6.14.301 Authorization to Remove Graffiti and other Unauthorized Inscribed Materials from Private and Public Property. Whenever the City Manager or his/her designated representative determines that graffiti or other inscribed material is so located on public or privately owned, permanent structures on public or privately owned real property within this City as to be viewed by a person utilizing any. public right-of-way in this City, the City Manager or designated representative is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions: A. In removing the graffiti or other inscribed material, the painting or · repair of a more extensive area than necessary to remove said graffiti shall not be authorized. B. When a structure is owned by a public entity other than this City, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and waiver approved as to form by the City Attorney. C. Prior to the removal of graf~ti on private property, the City shall obtain written consent of the property owner and the owner shall execute an appropriate release and waiver approved as to form by the City Attorney. The owner shall be charged only for the actual cost incurred by the City to remove the graf~ti. 2\ORDS\93-03 2 "6.14.302 Alternative Procedures Available. In the event the property owner of private property upon which graffiti or other inscribed material has been placed, declines to consent to. removal thereof by City, or fails to remove the graffi~ or other inscribed material within five (5) calendar days after service of a Notice of Intent to Remove Gift, the affected property shall be subject to the nuisance abatement process set forth in this Chapter of the Temecula Municipal Code." ""6.14.303. Reward for' Information.' The City Council determines'that rewards for any information lead~mg to the identification, apprehension and conviction of any person who has placed graffiti upon any public or private property in the City shall be in a range from One-Hundred Dollars ($100.00) to Five-hundred Dollars ($500.00), to be specifically determined by the City Manager and Chief of Police based on the severity of the crime. The identity of those seeking rewards shall be considered confidential and will not be released to the public. The City Council reserves the right to require that the convicted offender reimburse the City for any reward paid, and place the responsibility for such reimbursement upon the parent[s] or legal guardian[s] of any minor so convicted." Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections,.- paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. ATTEST: PASSED, APPROVED AND ADOPTED this day of March, 1993. J. Sat Mu~oz, Mayor June S. Greek, City Clerk [Seal] /-'- 2\ORDS\93-03 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECI~A ) I, June Greek, City Clerk of the City of Temecula, do hereby certify that the forgoing Ordinance No. 93-03 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of February, 1993, and that thereafter, said Ordinance was duly 'adopted and passed at a. regular meeting of the City Council on the 23rd day of March, 1993, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS June S. Greek City Clerk 2~ORDS\93-03 4 ~" ITEM 20 APPROVA;. CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: .City Council/City Manager Harwood T. Edvalson, Assistant City Manager~ March 23, 1993 ADDITION TO ANTI-GRAFFITI ORDINANCE RECOMMENDATION: That the City Council introduce an ordinance entitled: ORDINANCE NO. 93- · A'N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS .6.14,304 THROUGH 6; 14,308, 'INCLUSIVE, TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI. BACKGROUND: At its meeting of February 2, 1993, the City Council introduced an ordinance dealing with graffiti removal and rewards for the successful conviction of graffiti-related vandalism. This proposed ordinance will add two major elements to the existing ordinance, i.e., limited commercial display of potential graffiti implements and penalties for possession of graffitiLtype implements. As we have discussed before, the City of Los Angeles has successfully defended in court an ordinance restricting consumer access to spray paint, markers, etc. The implements may be displayed in an area viewable by but not accessible to the public without assistance. This proposed ordinance makes vandals, or their custodial parents or guardians in the case of minors, liable to the City for reimbursement of City funds expended to clean graffiti from public or private property. The Finance Director is authorized to invoice the responsible persons for the costs of abatement. This ordinance also includes language that defines graffiti implements and makes it illegal to possess such implements without the express consent of the property owner. FISCAL IMPACT: The introduction. and' adoption of this ordinance is anticipated to have little. or no financial impact on the City. The ordinance will have an impact on local merchants. Council'may wish. to consider a phase-in period of three months for the "display" provision of the proposed ordinance. This may reduce the immediate financial impact of compliance for the business owner. This ordinance would normally become effective in thirty days. "6.14.307 POSSRc~SION OF SPR&Y ACTUATOR PRC~I-Hnrr~. It ~ ~ u~, ~d a ~em~, for ~y ~r, ~ ~ ~ S~on 6. 14.~ of ~sC~, f~ ~e p~ of de~g, ~g or ~~g ~y pub~ or p~ piety, ~out ~e ~ ~t of ~e o~ of ~ch p~ or ~e o~'s ~~~." ~ion ~. ~at new S~on 6.14.308 h he~y ~d~ m C~ 6.14 of ~e Tem~u~ M~ C~ m ~ u follows: .. ·: "6.14.308 Every person who owns, conducE, operates or manages a retail commercial establishment selling aerosol paint contalnen, or felt-tip marker or marking pens, shall store or cause such containers or pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistanCe, pending legal sale or disposition of such containers or pens. It is the intent of this Section to permit, but not to require, viewability of aerosol paint containen and felt-tip marker or marking pens while they are stored or displayed pending retail sale. * Seelion 6. SI:.VERABII.ITy. The City Council of the City of Temecula hereby declares that should any section, paragraph, sentence or .word of this Ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed aH other portions of this Ordinance independent of the elimination herefrom of any such portion as my be declared invalid. Section 7. EFFECTIVF. DATF. This ordiance shall be 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 it to be posted and published as required by law. PASSED, APPROVED, AND ADOPTED, this . 'day of March, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] 'Paint Stick': A device containing a solid form of paint, wax, epoxy or other similar substance capable of being applied to a surface by pressure-and, upon application, leaving a mark visible from a distance of twenty feet. 'Spray Actuator' (also known as a 'spray tip,' 'nozzle' or 'button'): An object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. 'Owner' s Representative': Any person or entity. expressly authorized by the owner. of any property to 'permit an6ther person to place inscriptions, words, figures or designs upon such property, or any person or entity in' lawful possession of any prolxdy, whose right of possession includes the authority to permit or allow inscriptions, words, figures or designs to be placed upon such property." Section 2. That new Section 6.14.305 is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "6.14.305 I~F-qPONSIRH.ITY FOR COST OF REMOVAL AND LAW F-NFORC~.MI~.NT SPRVICI~-q. Whenever graf~ti has been removed from public or private property at the expense of the City of Temecula, each person who placed any'of the graffiti, and the custodial parents or guardians of any minor who placed any of the graffiti, (hereinafter collectively the "responsible persons*) shall be legally responsible to reimburse the City of Temecula for all costs for removal of such graffirl as well as for the costs for law enforce- ment services associated with the apprehension and prosecution of graffiti perpetrators. Upon determination of the costs for removal and law enforcement services, the Finance Director is hereby authorized and directed to invoice the aforesaid responsible persons for such costs. Such costs shall be a debt jointly and severally owed to the City by such respen- sible persons." Section 3. Thatnew Section 6.14.306 is'hereby added to Chapter 6.14 of the" Temecula Municipal Code to read as follows:.' "6.14.306 POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED. It shall be unlawful, and a misdemeanor, for any person to possess any graf~ti implement, as defined in Section 6.14304 of this Chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative; provided, however, that nothing in this Section shall be construed to permit or prohibit conduct which is prohibited by Penal Code Section 594.1." Section 4. That new Section 6.14.307 is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: ORDINANCE NO. 93 - AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF TEMF_,CI.ff_,A ADDING SECTIONS 6.14.304 THROUGH 6.14,308, IN- CLUSIVE, TO CHAFrER 6.14 OF THE TEMECULA MUNICIPAL CODE REt-&TING TO GRAFFITI W]IERF. AS, on March 23, 1993, the City Council of the City of Temecula adopt~ Ordinance No. 93-03, ~.~'g to graf~ti r~moyal. and estab~hing rewards for information leading to the successful conviction. of any person placing graffi~ on public .or private property; and ~S, the City Council finds and determines that it is appropriate to provide regulations relating to the display for sale of aerosol paint containers and marking pens; and WHEREAS, the City Council further finds and determines that penalties relating to the possession of graffiti implements for the purpose of engaging in graffiti-making acts are a suitable mechanism for the prevention of graf~ti within this City; NOW, TIIEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That new Section 6.14.304 is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "6.14.304 DEFINITIONS. herein: As used in this Chapter, the following terms shah have the meanings set forth 'Graf~ti': Any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface, without the express permission of the owne~ (or owner'.s representative) of such surfaces regardless of the nature of the material of which the surface is composed. 'Graffiti Implement': Any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint sticks, felt-tip markers or marking pens, marking insWuments, drill bits, grinding stones, scribcrs, glass cutters, or etching tools, or other implements capable Of scarring glass, metal, concrete or wood. 'Aerosol Paint Container': Any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property. 'Felt-tip Marker or Marking Pen': Any indelible marker or similar implement with a tip which, at its broadest width, is'greater than one-eighth inch, containing an ink. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CZTYOFTEMECULA ) I, Iunc S. Gzgck, City Clerk of the City of Temecula, California do hereby certify that the forgoing Ordinance No. 93-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the__ day of ,1993, and that thereafter, said Ordinance was duly adopted and passed at a regular m~..~g fo tyhe City Co~nc~ of the'. City of Temecula on the day of , 1993 by the following roll call vote: CO~C~~ERS: NOES: .CO~CILlVIEIVIBERS: COUNC~ERS: June S. Greek, City Clerk ITEM NO. 21 ...... APPROV/~T.- CITY ATTORNEY FINANCE OFFICE~ CITY MANAGER 'TO: CITY OF TEMECULA :AGENDA REPORT City Manager/City Council FROM: :Mary Jane McLarney, Finance Officer DATE: March 23, 1993 SUBJECT: Approval of Fiscal Year 1993-94 Community Development Block Grant Applications Prepared by: Grant M. Yates, Financial Services Administrator RECOMMENDATION: It is recommended that the City Council approve the recommended Community Development Block Grant (CDBG) projects for funding in the Fiscal Year 1993-94 and authorize staff to file the necessary CDBG project applications with the Economic Development Agency (EDA) of Riverside County by the filing deadline. DISCUSSION: The CDBG program is a federal grant program administered by the U.S. Department of Housing and Urban Development (HUD) through which projects at the local government. level may be funded. This program is administered locally through the. EDA of Riverside County. In order to be considered for funding, a grant application must meet one of the following national goals: a) b) c) Low/moderate income persons are primarily benefitted by the activity; or the activity aids in the prevention or elimination of slums or blight; or the activity meets an urgent (emergency) community development need. The objectives of the CDBG program are to develop decent housing, a suitable living environment and increase economic opportunities-in the community. Program activities should have the following component goals: Eliminate or prevention of slums, blight, or deterioration of neighborhoods and property. Eliminate conditions detrimental to health, safety, and public welfare through rehabilitation, code enforcement and demolition. Conserve and expand the County's housing stock and housing opportunities. Increase community services. 5. Preserve property with special historic value. Stimulate private investment to reduce economic distress and create employment for low and moderate income persons. Projects which have been approved for CDBG funding include parks, roads, water and sewer lines, flood control facilities, fire equipment, and .public services. The County of Riverside has informed the City that the allocation for FY 1993-94 is $172,660. The County of Riverside has set the minimum amount of a grant application at $10,000 for the 1993-94 fiscal year. In addition, HUD guidelines state that only 15% of the City's total allocation can be applied to grants that fall into the social services category. Therefore, these requirements will require the selection of only two grant applications in this category,. The FY 1993-94 grant proposals will be discussed in greater detail later in the staff report. The City has folio.wed the requirements set forth by Riverside County and HUD for completing project applications and obtaining public input for CDBG funding. Public notices were published in the newspaper.'and meetings were held to obtain public input regarding CDBG projects at Temecula City Hall on February 25 and March 1, 1993. Projects that fulfill the Public Service category and appear to meet the CDBG project funding guidelines are as follows: PROJFCT RFCOMMFNDFD FUNDING Operation School Rail This program is provided by the Assistance League of Temecula Valley and is designed to provide clothing for needy school children. 910,000 Countv Service AreR 143 (CSA 143) This request is to finance vehicle supplies, and cellular phone operations for the Dial-A-Ride transit service. The Dial-A-Ride van was purchased with City of Murrieta CDBG funds. 910,200 Communitv Watch - Graffiti Stakeouts This request by the Police Department is to provide for undercover stake-out teams who will target graffiti vandals in the Old Town area, In addition, crime prevention meetings with the elderly will be funded with this request, 910,000 Alternatives to Domestic Violence This request is to fund the organizations activities including counseling, information referral, 24 hour hotline, and emergency shelters for victims of domestic violence. 910,000 TOTAL 940,200 Only two projects of the four requested can be funded because not more than 15%, (or not more than 920,200) of the total allocation can be used for social services and because the minimum amount of funding is 910,000. The requests recommended for funding can be allocated from the remaining CDBG funds. PROJECT Sam Hicks Park Improvements Requested improvements include installation of sidewalks,. curbing, handicapped picnic tables, drinking fountains, and play safe surfaces in the tot lot area. Pujol Street Improvements This request is to design and construct street widening, curb gutters and sidewalks on the east side of Pujol Street from Temecula Town Association Community Center to First Street. RECOMMENDED FUNDING 930,000 9122,460 The following is a list of requests that do not meet the national objective of serving low/moderate income persons or the request was not for an activity that was eligible for funding. This determination is made based upon either the records Provided by the organization, or by data provided by the 1990 census. PROJECT REnUESTED FUNDING Riverside Area R~U)e Crisis Center The goal of this program as stated was to 40 new clients in Temecula. However, this 'requesting organization was not able to prove. that 51%' of' their clients were in low/moderate income category. ~ 10,000 Birthright Request is for funds to advertise this service 'and to expand the client base· This request was not able to. demonstrate that a majority of the client base was low/moderate income. $10,000 '3. Bovs and Girls Club The request is to purchase equipment to outfit the new Temecula facility. This request is not recommended for funding because it did not meet a national objective or activity that was eligible for funding. $27,932 It is important to note that the City's application is due to the County of Riverside for CDBG funding must be submitted no later than March 24, 1993. FISCAL IMPACT: To the extent that CDBG monies are allocated for City administered Droqrams or services, monies will no1; be required to be allocated from Other City funds, '(i.e. Community Services District, Redevelopment Tax Increment). The approval of use of CDBG funds for outside entities' will 'have no fiscal impact on the City as these funds are received from an external funding source. ITEM NO. 22 TO: 'FROM:' DATE: SUBJECT: PREPARED BY: APPROVAT. CITY ATTORNEY FINANCE OFFICER -CITY MANAGER- CITY OF TEMECULA AGENDA REPORT .City Council Shawn Nelson Director of Community Services March 23, 1993 Item No. 22 - Boys and Girls Club Project City Clerk June S. Greek BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG ITEM TO: FROM: DATE: SUBJECT: PREPARED BY: APPROVAL CITY ATTORNEY FINANCE OFFICER -CITY MANAGER- CITY OF TEMECULA AGENDA REPORT .City Council David F. Dixon City Manager March 23, 1993 · Item No. 23 - Business Incentive Program City Clerk June S. Greek BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG ITEM NO. 24 TO: FROM: DATE: SUBJECT: PREPARED BY: APPROVAL CITY ATTORNEY FINANCE OFFICER -CITY MANAGER - CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon City Manager March 23, 1993 Item No. 24 - Discussion of WalMart Proposal City Clerk June S. Greek BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER _/~_ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council . n~." Gary Thornhill, Director 'of Planni March 23, 1993 Monthly Report RECOMMENDATION: Receive and File Discussion: The following is a summary of the Planning Department's caseload and project activity for the month of January 1993: Caseload Activity: The department received applications for 11 administrative cases and 7 public hearing cases. The following is a breakdown of case type for public hearing items: * Minor Conditional Use Permit 3 *' Minor Public Use Permit 1 * Public Use Permit 1 * Substantial Conf~rmance-General 2 Ongoina Projects: General Plan: On February 16, 1993 the City Council began the public hearings for the General Plan. At that meeting, portions of the Circulation Element were discussed. The Council directed a section of North General Kearney be removed from the circulation plan, and that Calle Medusa be downgraded to a local road. Old Town Master Plan: The Old Town steering committee met on January 6, 1993 and approved the Draft Land Use regulations and Design Standards for the Specific Plan. The Draft Land Use and Circulation Plans were also presented to the Public/Traffic Safety Commission on January 28, 1993. The Commission comments were forwarded to the consultant. French Valley AirPOrt: The County has received a grant from the Federal Aviation Administration, to prepare the Airport Facility Master Plan for French Valley Airport. The process of developing the comprehensive Land Use Plan has been put on hold pending the completion of the Master Plan: R:\S\MONTHLY.RPT~1993%FEB.83 3116193 vgw 1 Wal-mart: The Wal-mart Plot Plan, Change of Zone and Tentative Map have been scheduled for the May 1993 Planning-Commission meeting. Temecula Reoional Center Soecific Plan and Environmental Imoact Reoort: This Specific Plan was presented at a Planning Commission Workshop on May 4, 1992. The Commissioners gave direction to the applicant and staff. This Specific Plan went to a DRC meeting January 5, 1993. Staff is awaiting submittal of additional information. Winchester Hills and CamDos Verdes Soecific Plans and Environmental ImpaCt Reoorts: These Specific Plans were discussed at-a Planning Commission Workshop on May 4, 1992. The Commissioners gave direction to the applicant and staff. The Notice of Completion for the Campos Verdes EIR went to State Clearinghouse July 10, 1992. ' Both of these Specific Plans went to the DRC meetings on January 5, 1993. Staff is awaiting submittal of additional information. Rorioauah Hills Specific Plan: This Specific Plan has not yet been filed with the Planning Department. The plan proposes to develop 800 acres at an overall density of 3 units per acre and will contain approximately 30 acres of open space, neighborhood commercial and two elementary schools. A pre- application workshop on this Specific Plan was held at the July 6, 1992 Planning Commission meeting. Murdv Ranch Soecific Plan and Environmental Impact Reoort: This Specific Plan was presented to the Planning Commission at a Workshop on April 6, 1992. The Commission provided Staff and the applicant direction relative to design issues. The applicant has incorporated these changes into the Specific Plan. This Specific Plan will be scheduled for a Planning Commission meeting upon completion of the Development Agreement and the Congestion Management Plan. ' Johnson Ranch Specific Plan: The Johnson Ranch Specific Plan is a mix of residential land uses and a mixed-use "resort village" core area on 1,765 acres located adjacent to Anza Road and Borel Road, north of Rancho California Road. This Specific Plan was submitted in early March. The Notice of Preparation was submitted to State Clearinghouse on April 17, 1992. A DRC meeting was held for this Specific Plan on May 14, 1992. A subsequent DRC date has not yet been set. R:\S~MONTHLY.RPT~1993~FEB.93 3116/93 vgw 2 APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager · Tim D. Serlet, Director of Public Works/City Engineer.- March 23, 1993 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Report for February,. 1993. pwO 1%egdrPt%93~0323~moactrpt.02 o , o ~ o 0 Z Z 0 ~ Z Z w o ; ~ ~ama ~ ~ ¢ m Z Z Z ~ Z 0 z u ~ m Z TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MARCH 9, 1993 A regular meeting of the Temecula Community Services District was called to order at 8:22 PM. PRESENT: 4 DIRECTORS: Parks, Mur~oz, Roberrs, Stone ABSENT: 1 'DIRECTORS: 'Birdsall Also present were City Manager David F. Dixon, City Attorney Scott F. Field and June S. Greek, City Clerk.. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Mu~oz, seconded by Director Parks to approve Consent Calendar Items I and 2. The motion carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: Mu~oz, Parks, Roberrs, Stone None ABSENT: 1 DIRECTORS: Birdsall Minutes 1.2 Approve the minutes of February 9, 1993; Approve the minutes of February 23, 1993. Acceotance of Easement Deeds for Slooe Maintenance - Calle AraQon Park 2.1 Accept easement deeds for the TCSD to provide landscape maintenance of slopes adjacent to the Calle Aragon Park. --"' CSD Minutea/030993 -1- 03110193 CSD Minutes ~ GENERAL MANAGER'$ REPORT None given. COMMUNITY SERVICES DIRECTOR REPORT March 9.1993 Director of Community Services Shawn Nelson announced that.construction on Phase Two of the Community Recreation Center will begin in approximately two weeks. CITY ATTORNEY REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Mu~oz, seconded by Director Parks to adjourn at 8:25 PM to the regular meeting on March 23, 1993, 8:00 PM, at the Temecula Community Center..The motion was unanimously carried with President Birdsall absent. ATTEST: June S. Greek, City Clerk/TCSD Secretary Patricia H. Birdsall, President CSD Minuteel030993 -2- 03/10/93 ITEM NO. 2 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER .CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT . Community Services Board of Directors · -. Shawn 'D. Nelson, Director .of Community Services March 23, 1993 Award of Professional Services Contracts for Materials Testing and Establish a Project Employee Position for the Project coordinator for the Community Recreation Center, Project No..92-029B PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: Award Professional Services Contracts to Professional 'Services Industries, Inc. to provide material testing services during the construction of the Community Recreation Center, Project No. 92o029B, in the amount of $11,925, and authorize the Mayor and City Clerk to execute the contracts, Approve a Project Coordinator position for the Community Recreation Center (CRC) Project with an amount not to exceed $52,800. DISCUSSION: Materials TestinQ - Material Testing services for this project were chosen by soliciting qualified local individuals and firms to participate in an interview process. Six applicants were ranked by a panel based on their demonstrated ability and experience in providing material testing for similar municipal building projects· Professional Services Industries (PSI) was chosen as the best candidate for this project. The scope of services to be provided include testing the structural steel frame members, concrete and masonry units, and soil compaction 'for the foundation. PSI has also worked with the general building contractor on previous projects over the past several years. Proiect Coordinator - The Project Coordinator was also chosen by soliciting qualified local individuals and firms to participate in an interview process. Six applicants were ranked by a panel based on their demonstrated ability, knowledge, and experience in coordinating the work required to construct a municipal recreation building. Steve Ford was chosen as the best individual candidate to provide the necessary services to coordinate the variety of construction -1- PwO9%agdrpt~93%323%crc.pc 0316b activities for the seven-month duration of the project. Some of his duties will be to monitor the contractor's daily work, material testing requirements, building inspections, analyze monthly progress payments to the contractor, and installations by the utility companies. All of the above services, as well as those of the contractor, will be under the direct supervision of the Director of Community Services and the Principal Engineer for Capital Projects for the entire contract period. FISCAL IMPACT: Funds for professional services for material testing and Project Coordinator are available from TCSD bond proceeds. Funds for the Project Coordinator position for the CRC project are budgeted in Account No. 250-190-129-5804. The cost of material testing services in the amount of 911,925 will be charged to the contingency amount for this project. Attachment: 1. Contract - Professional Services Industries -2- PwO9%agdrpt%93%323%crc.pc 0316b AGREEMENT FOR PROFESSIONAL SERVICES. THIS AGREEMENT, made and entered into this 23rd day of March, 1993, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and Professional Services Industries, Inc., a 'California corporation, hereinafter referred to as "Consultant". '.1. The parties hereto mutually agree as follows: SERVICES. 'Consultant shall perform the' tasks set forth in Exhibit '.A" attached hereto. Consultant shall complete the tasks according to'the schedule set forth in Exhibit "A". PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed $11,925.00 for the total term of the Agreement unless additional payment is approved by the City Council; orovided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000. Consultant will submit invoices' monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon 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. Within thirty-five (35)"days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, ar~l without fault or negligence of the Consultant, shall not be considered a default. 2/forms/ARG-04 Rev 1/22/92 -1- PwOl%ciP~Projects~pw92-29b%profsvc.,,gt 031693a.. e If the City Manager or his delegate determines that the Consultant defaults 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 ten (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. TERM. This Agreement shall commence on March 24, 1993, and shall remain and continue in effect until tasks described her. in are completed, but in no event later than March 24, 1994. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, ~t_~_~. City and Consultant shall share the cost of the arbitration equally. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings and notes 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 Consultam. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, .. employees' or agents shall have control over the conduct of the Consultant dr'any of the Consultant's officers, employees or agents, except as herein set forth. The 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. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except 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. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. 2/forms/ARG-04 Rev 1/22192 -2- PwO1~ciP~Projecte~pw92-29b~profevc.agt 031693a 10. 11. 12. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to coml}ly with this section. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula , California 92590, and the Consultant at 350 South Maple Street, Unit K, Corona, CA 91720, unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, 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, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Consultant shall .provide the following scope and limits of insurance: A. Minimum Scope of Insurance.. Coverage shall be at least as broad as: Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office Form No. GL-0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage. ("occurrence" Form No. CG-0001). Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" and Endorsement CA-0025. Workers' Compensation insurance as required by Labor Code of the State of California and Employers' Liability insurance· 4. Errors and Omissions insurance· Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2/forms/ARG-04 Rev 1122/92 -3- pw01%ciP~Projects~pw92-29b~orofevc.agt 031693a Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.. - -- Workers' Compensation and Employers' Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability limits of ~1,000,000 per accident. 4. Errors and Omissions Insurance: $.1,000,000 per 'occurrence. · Deductibles and Self-Insured Retentions. 'Any deducti'blein excess of $1,000 must be declared to and approved by the City. Other Insurance-Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. 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 to the City via United States First Class Mail. General Liability and Automobile Liability coveraaes. 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, lease, 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. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant's insurance coverage shall be primar, y insurance as respects the City, its .officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, .officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, 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. Worker's Comoensation and Emolovers' Liability Coveraae. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. 2/forms/ARG-04 Rev 1/22/92 -4- PwOl\agmts~,m,,sters~04 010493 Verification of Coveraae. Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as inSuredS under its policies or shall furnish separate certificates for each subcontractor. A|I coverages for .subcontractors shall be subject to all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall 'reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 13. LICENSES. The Consultant and subconsultant shall obtain all necessary licenses, including but not limited to City Business License. 14. INDEMNIFICATION. The Consultant agrees to ~ndemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 15. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integr'ate all terms and conditions mentioned herein or incidental hereto supersede all negotiations. and p'r. ior writing in respect to the subject matter hereof. ' ' In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement m&y be executed in counterparts. ' 2/forms/ARG-04 Rev 1/22./92 -5- PwOl~agmts\masters~04 010493 IN WITNESS WHEREOF, the parties hereto have caused this _Agreement to be executed the day and year first above written. ' ' CONSULTANT CITY OF TEMECULA 'Print Name and Title' By J. Sal Mu~oz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk PROFESSIONAL SERVICE INDUSTRIES, INC. 350 South Maple Street, Unit K Corona, CA 91720 2/formslARG-04 Rev 1/22/92 -6- pw01~agmts~masters~04 010493 EXHIBIT "A" TASKS TO BE PERFORMED II. IlL n sPEcnoN SERVXCSS · Special h~peetion - Masonry 'ss nvt TE: s wed @ 40 hours/week Bm Special. h-_~l~ction - Concrete ESTIMATE: 80 hours Ce Special Inspection - Shop Welding (National City Shop) ESTIMATE: 20 hours Special Inspection - Field Welding and High Strength BoRing ESTIMATE: 80 hours MATERIALS TESTING Compression Testing - Concrete ESTIMATE: 40 cylinders B~ Compression Testing - Masonry Prisms Prior to and/or During Work ESTIMATE: set Of 3 Cm Reinforcing Steel - Temile and Bend Test ESTIMATE: 3 tests SOILS COMPACYION SERVICES Sr. Soils Technician for Building Pad and Footing compaction tests (assumes mass grading fill control/compaction already performed by others) ESTIMATE: 32 hem Bm Maximum Density Test ESTIMATE: 1 test Registered Engineer · ESTIMATE: 3 hours 2/forms/ARG-04 Ray 1/22/92 EXHIBIT "A" PwOl\agmts\masters\04 010493 EXHIBIT "B" PAYMENT SCHEDULE' r IlL INSPECTION SERVICES Special Inspection - Masonry B. Special ln~ection - Concrete Special Inspection Shop Welding (National City Shop) Special In~ection Field Welding and High Strength kiting MATERIALS TESTING A. Compression Testing - Concrete B. Compression Testing Masonry Prisms Prior to and/or During Work C. Reinforcing Steel - Tensile and Bend Test SOILS COMPACTION SERVICES Sr. Soils Technician for Building Pad and Footing compaction tests (assumes mass grading ~l control/compacfion already performed by others) B. Maximum Density Test C. Registered Engineer ESTIMATED TOTAL $30/qlour $30/hour $,30/hour $12/esch $90/each $50/test S32/bour $110/test $BS/hour $11,925.00 2/forms/ARG-04 Rev 1/22/92 EXHIBIT "B" Pw01\agmts~,masters~O4 010493 PROFESSIONAL SERVICE INDUSTRIES, INC. 1993 FEE SCHEDULE HOURLY - - .- I:hlncipal I100.00 FleOmered ' $85.00 Staff 'IS0.00 Registered ICBO Concrete $30.00 Registered ICBO Masonry S30,00 Registered ICBO Pressed Concrete S30,00 Registered ICBO Structural Steel $30.00 · RoofinglWaterproofing $35.00 Concrate Batch Rant $30.00 Asphalt Batch Rant $,10.00 Asphalt Paving $30.00 Registered ICBO Mechanical $32.00 Registered ICBO knectrical $32.00' Soils Technician Concrete Technician Coring: Concrete Masonry Walls Asphaltic Concrete Ultrasonic: Steel Testing Locating Reinforcing Steel/Pachometer Roofing TIle UBC Strength T~t wlwlL-3 Page ' PROFESSIONAL SERVICE INDUSTRIES, INC. 1993 FEE SCHEDULE uNrr ' UNIT ASTM: TESTS & ANALYSES: , RATE: ASTM: TESTS & ANALYSES: RATE:. . . . . . . . D1557 $40.00 D696 D558 $135.00 Attorbe~g Urnits: · Soil-Road Matedais I)423 LIquid Umit $50.00 D1883 California Bearing Ratio (CBR) $,350,00 D424 Plaalic Umit/Pla,fjcity Index $50.00 Resistance Value (R-Value) (Cal 30 $135.00 'D427 Shdnkage Umit $50.00 D2419 Sand EcluhraJent $55.00 Moisture Content: Soil C4ment; 6' Mold (10e Hammer) $130.00 MotMum Ring & Density 4' Mold (10~ Hammot) $130.00 Moisture Density RedaUonship 6' Mold (5.5f Hammer) $130.00' 4' Mold (5.5f Hamme) $90.00 Single Checkpoint $50.00 Expansive Potential: E~qckqnsion Index (UBC) $140.00 Expansion County Method 8140.00 C140 C140 MASONRY Concrete Masonry Unit (CMU) CMU Compression: 8'8'X16° & under Larger that 8*x8'x16' CMU Absoq:)tionNoisture Content, Unit Crompression Tests (UBC): 2'x4' Mortar $15.00 3'x6' Grout Prism $20.00 CMU Rapid Unear Shrinkage $80.00 E447 ComOression Test - Composite Prism $80.00 C426 CMU Drying Skdnkage $85.00 MOLSIure Condition: First Test Subsequent Test CMU Conformance to C90 (Absomtion, Shrinl~ge & CMU Efflorescence CMU with Mortar Efflorescence $50.00 $130.00 $75.00 UBC Absorption: 24-Hour Submorsion S40.00 5-Hour Boiling $40.00 Compression $40.00 Efflorescence, 5 Bricks $40.00 Modulus of Rupture $40.00 S~uration Coefficient $40.00 Adobe Block (UBC) AbsOrption. 7 Day $40.00 Compression Test $40.00 Modulus of Rupture $40.00 Shear Tests, Grout to CMU $65.00 Shotcrete s =h Testing $65.00 wiwlL-3 PFIOFESSIONAL SERVICE INDUSTRIES, INC. 1993 l uNrr · : UNIT ASTM: TESTS &ANALYSES: RATE: ASTM: TESTS &ANALYSES: RATE: . 132172 C~36 C128 Dl188 D2041 D1559 Asohalt Extraction Extraction $90.00 Gradation it0.00 Aooreoate $40.00 Compacted Mixtures: Specific Gravity (Unit WetON) $27.00 Specific Gravity (Requidng W~x) $50.00 Maximum Theoretical Unit Wt. (RICE) $65.00 Stal)ility &Row (Marshall) 160.00 StaDilomeler YNue (CN 304) I4N).00 Swell Test (CAL 305) Asphalt Concrete Mix Deigns- Jm Mix FormulaE: CalculaUmm only (no teeing) Calcu~ons including Aggr. SteveAnah/ais&SpecificGravffie Calculations, Sieve Analysis Slabilities Rows, Pecm~ Voids, Unit Weigh $110.00 1230.00 1800.00 C42 E8 Concrete: Mix Design Calculations Only (concrete, gunite, mortar, grout) $90.00 Compression Testing: 6'xl 2' Concrete Cylinder (inclucles mold) $1 ~_00 2'x2' Cubes $15.00 Concrete Cores, 2' ,4' ,6' Diameter $70.00 (does not include sample preparation) Trial Mixes C192 LaDoratory Trial Batch S180,00 C192 6°x'12 Cylinders, Fabricate &Test S16,00 6*x6'x24* Beams, Fabricate & Test Grout Prisms, Fal~ricate & Test Mortar Cylinders, Fabricate & Test RexurN Testing: .. 6°x6*x24' Beams, Modulus of. Rupture C192 $34.00 $16.00 $16,00 Reinforclno Steel Tensile Test: No. 8 & Smaller No. 9toNo. 11 Ba~ Over No. 11 Bar Bend Test, No. 11 Bar&Smaller Prnc__e3~__ng Mill Certificate (Per Size & Heat Numl:N!r) Structural Steel E8 Termlie Tee $50.00 A370 BendTeet $50.00 AS00 Rpe Flattening Test $60.00 Processing Mill Certificates (Per Size & Heat Number) $'10.00 Tm A325 Bolts f~5.00 wlwlL-3 /"-i Page. PROFESSIONAL SERVICE INDUSTRIES, INC. 19~ FEE SCHEDULE UNrr ASTM: TESTS &ANALYSES: RATE: ASTM: TESTS &ANALYSES: RATE: C136 C136 C136 Cl17 (Cat 2oS) Particle Size: Sieve Analyel, Rne (with wash) $45.00 Sieve Analysis, Coarse $35.00 Sieve Analysis, Coarse & Rre (efeuh) 160.00 MmedN fine than r200 Sieve (washed) 130.00 Rnenees Module $10.00 Aggregate Impurity Tests: Clay Lumps & friable Partk:Jes S60.00 Organic Impurities, Rne Aggregates Cleanness Value $100.00 Deleterious Matedais $60.00 Soft Particles $60.00 Suital)ilit~ Tesls: Mortar Making Properties, 6 cubesfset $200.00 Percentage of Rat & Bongated Particles $8).00 Percentage of Crushed Particles S60.00 Potential Reacttvlt~/- Chemical Method Quote PoTential Fieactivity - Mortar Bar Method Quote C131 D2419 I)423 1:)424 Specffic Gravity & Aggregle Weights: Fine Aggreg~es Coarse Aggregates Unit Weight of Aggregams Surface Moisture - Rne Aggregates Durability & Soundness Test: Durability Factor Sodium Sulfate Soundness · 'Miscellaneous Tests: Sand EQuivalent I-kiuid Limit Plasticity Index S115.00 S115.00 $115.00 wlwlL-3 PROFESSIONAL SERVICE INDUSTRIES, INC. 1993 FEE SCHEDULE OFRCE SERVICE~. Minimum charge per Invoice $100.00 More than six copies of any report will be billed at a rate of $3.00 per page $3.00 Stenographers & Tyl~ists $25.00 HOLIDAYS Prof__e~q__onal Service Industries recognizes all national holidays. .. REIMBUFL~BLE EXPENSES: Per DIem charges of $80.00 par day will be charged when our personnel are required to stay overnight. Ecluipment, travel, shipping, reproduction, long distance phone calls, and/or any outside services performed will be billed at cost plus 30~ unless billed directly to and paid by the client. TRAVEL TIME: Travel time and mileage to provide professional or technicN services will be computed from our nearest base of operation and will be billed at the rate for the individual performing the work, Travel mileage will be billed at .40 per mile for mileage in excess of a thirty mile radius from our facility. MINIMUM CHARGES: Inspector: Show up, no services pedormeq Four hours or less More than four hours Matedal Sampling/Sampling Pieces 2 Hours 4 Hours 8 Hours I Hour OVERTIME: More than eight hours per day- Monday through Friday Saturday Sunday or Holiday PRIORITY WORK: Work requiring emergency action and/or reschequling of other work will be billed at fee schedule rates plus 20~. INSURANCE: A fee of $40.00 will be billed to cover our expenses when we are required to name our client as an additional insured on our policies. WARRANTY: PROFESSIONAL SERVICE INDUSTRIES, INC. warrants that its services are performed with the usual thoroughness and competence that is normal to the geetechnical/construction testing and inspection professions at the time the services am podormed. No other warranty or representation, expressed or implied, is given or intended in our proposals, reports their economic and personal affairs only, and no implied warranty of other basis for strict liability is given, implied or intended. OUTSIDE SERVICES: Where outside exploration, engineering, laboratory, or reproduction services are required, we will engage a reputable contractor or contractors experienced in this work. These services will be billed at our direct cost plus 20 parcent. wlwlL-3 /--- Pag, ITEM NO. 3 APPROVAL CITY ATTORNEY ~v~ FINANCE OFFICER CITY MAi~AGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: MARCH 23, 1993 SUBJECT: REPLACEMENT OF LANDSCAPE BONDS FOR SLOPE IMPROVEMENTS -THE PRESLEY COMPANIES PREPARED BY: (~E~'~A~' RECOMMENDATION: Beryl Yasinosky, Development Assistant That the Board of Directors: Authorize the replacement of landscape bonds for slope improvements to tracts 23267-2,-3,-4,-5 and tract 26861 - The Presley Companies. DISCUSSION: Landscape/Erosion Control Agreements and Surety Bonds for 'the above referenced development were originally posted with the County of Riverside Building and Safety Department by: The PreSley Companies 15010 Avenue of Science. San Diego, CA 92128 The original documents have since been transferred to the City and the developer has provided bond riders which change the obligee from the County· of Riverside to the City of Temecula. The surety bonds were issued by American Motorists Insurance Company and are identified as follows: 1. Tract No. 23267-2; Bond No. 3SM 756 277 00 in the amount of $ 79,500.00. 2. Tract No. 23267-3; Bond No. 3SM 757 608 00 in the amount of ~ 80,300.00. 3. Tract No. 23267-4,-5; Bond No. 3SM 758 624 00 in the amount of ~ 32,000.00. ,*~""~ Ja'lglmdas~aportprLOOl 03l~g92 · Agenda Report March 23, 1993 Page 2' The developer is requesting that these documents be replaced with new bonds from American Insurance Company in the full amount as follows: '1. Tract No. 23267-2; Bond No. 111 1925 6920 in the amount of $ 79,500.00. 2. Tract No. 23267-3; 3. Tract No. 23267-4,-5; 4. Bond No. 111 1925 6953 in the amount of 8 80,300.00. Bond No. 111 1925 6961 iri the amount of $ 32,000.00. Tract No' 23299; Bond No. 111 1925 6979 in the amount of 8114,500.00. (superseded by Tract 26861) The developer has submitted an application to the Temecula Community Services Department (TCSD) for the proposed dedication of slope and landscape areas to the City for maintenance purposes. However, these bonds will remain in place until final acceptance of the landscape improvements and recommendation that the Board of Directors release the bonds. FISCAL IMPACT: None. ATTACHMENTS: 1. Site/location map. 2. Bond riders for original documents. 3. Replacement Bonds to the City of Temecula. Bond No. 3SH 756 277 00 /~. 2~C,'7- Z SURETY BOND ENDORSEMENT I I To be attached to and form a part of Subdivision Per~or~nanc, & Labox~ & HaterIal Bond, issued by the undersi~ned Company, as Surety, on behalf of The Preslev Comvanies County of Riverside -s Principal, and in {avor of , as Obligee. Effective Januar~ 22 , 19 9~ , the Principal and the Surety hereby agree to amend the attached Bond as follows: "City of Temacula" Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under :.~;.,c~,--:-..-,:. ..... ~c`~`~`;~<~`~`~`~``;~``~:~::~=~`~-`-~`~``~`~<~`~~`x~<~x~~ . -~m~e of Cal:~or.~a · :" ......"-'-'-"-"-'--'~' CAPACFTY CLAIMED BY SIGNE.=. Courl~/of Oz'an~;e r"l INDIVIDUAL(S) [] CORPORATE On I~,N 2 ? !993' before me, r,j.= Nguyen, Nol:a.z-y :Eh. tblic OFFICER(S) DATE t NAMF, TrTI~ OF OF'rlCEJ:I - E.G, 'JANE DO~, NOTARY PUBLIC' TTTL~S) personally ~-cDearec~ Doug Lane [] PARTNER{S) NAME[S) OF SiGNER[i| . . . , r~ ATTORNEY-IN-FACT [] personally known ~o me -OR - [] proved to me on the basis of smisfaclory evidence [] 'mus,'raE~s) to be the person(s) whose name(s) is/are [] SUBSCRIBING WITNESS subscribed to the wjthin ins~rumenz and ac- [] GUARDIAN/CONSERVATOR '~~ C"P'e~e"~~ I the same in his/her/their authorized .1~,-----_/_ '~m'L""~'---~-z°~-!,~!~. capacity(ies), and that by his/her/their ca signazure(s) on the instrumem.the person(s), orine emity uOon behalf ofwnich me person(s) SIGNER IS REPRESENTING: , I ac~ed, executed the inmrumenL Witness my hand and official seal, Doug Lane "d'~~ Ametica,~ Notocist:s -. __. Znsuz'a~ce Company ~ ATTENTION NOTARY: Altrlouqrl IRe snfotn~aljon teaueslea DNOW e$ OPTIONAL d eeUla DieyeN frlgoulenl II~lcl~nlnt Of INS celthcale Io unll~zM aacumem. "" ~IS CERTIRCATE T/tie or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRiBED'AT RIGHT: Signer(s) Other Than Named Above" t,,I 194)¶ NA rIONIL NOTAJqY A,SSCC_IA Bond No. 3SH 758 608 00 SURETY BOND ENDORSEMENT To be attached to and form a part of Subd:Lvision Improvements issued by the undersiped Company, as Surety, on beha/f of The Preslev Companies Coun=y of Riverside Effective January 25Ch , 19 93 attached Bond as follows: Rond, v s Principal, and in favor of , as Obligee. , the Principal and the Surety hereby agree to amend the The Obltgee ks Amended Co Read: C~-t'7 of All Else Remains The' Same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under State of California Counw of Orange on 'JAN 2 5 '~ before me, Susan E. Morales, Notary Public {GATe lruaE. TTT1.E OF O~ER- LL. '~E ~ ~T~ ~C~ personally aOpeare~ Doug Lane (NE(S) OF SIGNER{S} ) personally known to me - OR - G proved to me on the basis of satisfactory evidence to be the person(s) whose name(S) is/are sub- M~ON, ~IA ~ OR(S). Or ~e en~ upon beh~f of ~i~ ~e ................. '_ _ .'.... ..... .. · ~itness my h~d anti offid~ se/. RIGHT THUMIPPJrr f0FTIONAL| CAPACITY CLAIMED BY SIGNER(S) [] INDIVIDUAL(S) [] CORPORATE OFFICER(S) [] PARTNER(S) [~ ATTORNEY IN FACT C:) TRUSTEE(S) [] GUARDIAN/CONSERVATOR C3 OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(~ OR ENTffY(IES)) Dou; Lane TTENTION NOTARY: The inlormat~on requested below is OPTIONAL, It codl~, however. Prevent ftludulent attachment ol m~ ceflfficale to any unau~or~ document THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document " TO THE DOCUMENT Number of Pages Date of Document · DESCRIBED AT RIGHT: Signer(s) Other Than Named Above FTS FORM 63240--,ALL PIJRPOSE ,A~NT ~eTM ~ C~,~t-~'YmEPRESF, mATIOeUF~T_Rev. 12-92 CmZWOLCOnSmeMS. NC Bond No. 3SM 758 624 O0 SURETY BOND ENDORSEMENT To be attached to and form a pan of Subdivision Performance issued' by the undersi~ned Company, as SureD/, on behalf o[ The Presley Companies Coun=y of R/verside E. ffecfiv,-' 'Janua~':22 , 19 93 attached Bond a~ follows: Rond, 's Principal, and in favor of , as ObliT=e. .... , the Principal and the Surety hereby agree to amend the THE OBLICKE IS.' muuusx AMEMDED TO XF. AD: "Ci=y of Temecula" Provided that the liabili~ under this endorsement shall be pan of, and not in addition to, the liability under the atached bond, and in no event cumulative. Co~ of Orange On: J~N 2 2 1993 before me, DATE K/m NR~ryen, Notary public· N~E. TITLE OF OFFICER. E.G.. 'JANE DOE. NOTARy PU81,~ ' personally appeared Doug Lane NAME/S) OF SIGNERrS} [] Personally known to me - OR - r'-I 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 ac- knowledged to me That he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). orthe entity upon behalf of which the person(s} acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL(S) TrEhFnONNOTARy:~ougn~ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBEDATRiGHT: ~~~-,.,~,~,_,_,_,_, [] CORPORATE OFFICER(S) .. Tm. E4S} [] PARTNER(S) ~'A'R'ORNEY-IN-FACT r"l TRUSTEElS) [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: ~merican Hotorists Insurance Coepan~ :nformatfon re{3uesteCl bee ~s OPTIONAL, st COuld Prevenl tl Itlacf~ of ~ oeflsf:cme to unaumonze~ document. Title or Type of Dbcument Number of Pages Date of Document Signer(s) OTher Than Named Above .. -. Bond'No. 3SH 758 625 00 SURETY BOND ENDORSEMENT To be attached to and form a part of Subd:Lv:is ion Performance issued by the undersi~ned Company, as Surety, on behal[ o{ The Preslev Companies County of Riverside :~.~ . EJ~ective "January 22 ~ 19 93 attached Bond as follows: T~-. 2t, 8/.,, I Rond, ,s Principal, and in hvor of "_-..: ....: ......... , .as Obligee. - · · -':.~'--- ....: . 7-:'' ": ':' '~(~:~. :': i ' '' ,' the Principal"and the Surety hereby agre~';o amend the THE OBLICKK IS ~ AHEIiDED'. TOE Rw~n: _ "Ctt7 of Temeculan ":' -. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under ..... fke-m,t~,,-.l~k~e~n,J. ;,., ,'-", e.,,e,,+ ~",'"-,,,l-,+;,,e. ............... '_-.L-PURPOSE ACKNOWLEDGMENT ..... Smm of cali£orn. ia Cour~ of Orange On , JAN 2 2 1993 ~ersonaliy appeared before me, DougLane NAME{S) OF SIGNERrS] . · · ~e'rsonaHy known to me - OR - [] 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the i.nstrument the person(s), orthe entity upon behalf of which the Person(s) acted, executed the instTument Witness my hand and official seal. "' CAPACITY CalMED BY SIGNER [] INDIVIDUAMS) Eli CORPORATE OFFICER(S) Trrt, EiS) [] PARTNER(S) [] ATTORNEY-IN-FACT I'/TI-qUSTEE(S) [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR 1'1 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) O~ ENTFI~(iES) ATTENTION NOTARy: Although the mfom~hofi teQuestM below :s 0PT1ONAL, st aigk:l ;)elvlfll fr~_t,~___dlfll ~ ~f Iffil ~lf~f~lle tO unigfhorlzlO clocgmenL , THIS CERTIFICATE Title or Type of Dbcument MUST BE ATTACHED' ~, ~ TO THE DOCUMENT Number of Pages Date of Documen ~ ,~ DSsc.,SED ATn,GHT: Signer(sl Other Than Name " t CITY OF TE~ECULA BOXD #111 1925 6920 Prsmium $716.00 SUBDNV~S~ON FAITHFUL PERFORMANCE BOND EROSION~LANDSCAPE - WHEREAS, the City of Temecula, State of California, and T~: PEBSLEY CON?ANZ~S (hereinaftar designated as "Principal"') have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as Project T=acc #23267-2 ' ' hereby referred to and made a part hereof; and , is WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful performance of the agreement, NOW THEREFORE, wethe Principal and T11E LM:ERICAN INSb'ILLNCF. C0Z~AI~ as Surety, are held and firmly bound unto the City of Temecula, California in the penal sum of S79,500.00 payment of such sum well and truly, lawful money of the United States, for the to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obiigation will become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his' or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney*s fees, incurred by City in successfully enforc~ncj such 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 agreement or to the work to be performed thereunder or the specifications accompanyin~ the same shall in anyway affect: its obticJations on this bond, and it does hereby waive notice of any such change, extension of time. alteration or addition to the terms of the agreement or to the work or to the specification½. BIN'D-003 08lZ&t90 CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND Page 2 IN WITNESS WHEREOF, this instrument has been duly execute by the Principal and Surety above named, on January 21 , 19 93 Cerci~ca~e of Acknowledgemenu STATE OF CALrFORNIA County of Or~ngp On January 21, 1993 penonaily appeared before me. Kathleen Viodes Victoria M. Campbell personafiy known co me ( ' ' ' "~ to be me person(s) whose namels) is/are subscnbea to the ~'ichin insu'ument and acknowledged to me chafit, she/.Jfr executed the same mXti/her/ft.E aumonzed canacicy(ies), and thac by her/m]tl siSnature(s) on the insu'umenc the person(s), or me en~cy upon behaff oi' whic~ me person(s) ac~ed. executed me ms~rumenc. WITNESS my hand d offim~ se~.. (S~) {Name) COUNTy OF SAN O,$~% } ss. acknowledged {o n ~haff of ~e co ms~mem or a ' . ~. ~e~n me ~at suc~ co~mtion exe~W ~e ~ffim ms~ment ~o its bylaws re~iubon of its 8oam of Directore. IN Wt~SS THEREOF. I have hs~unm Mt my h~a an~ affixed my offi~i in ann for ~ Coun~ ann smm, ~e any a~ year ~t a~ve wn~n' . [Title) POWEli OF ATTORNEY THE AMERICAN INSURANCE CO~ANY KNOW A~ MEN BY TH~E PR~: ~at ~E ~RI~ INSU~ COMPLY, a Co~Uon in~t~ under the ~ of the State of N~ J~ey on F¢~ ~, 1 ~, an~ r~om~ti~t~ to the S~e of N~a on June 1, I~, ~ Mvi~ i~ pnn~ of~ in the City of Om~, 5~te of N~m~a, h~ made, =ons~tutM ~d a~nt~. ~d d~ ~ ~ pr~B mate, ~m~tute ~e aOpoint and to bind the Common thereby as ftdl,/tnd to the same eftgrit as if such beam were silned by the Prnidnat, ~ w~th tl~ corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and cohEreS all that the nmt Attorn~-y(s)=in-Facx my do m me prenm~. This power of attorney is grd. nted pursuant to Article Vll, Setions 4S and d6 of By-laws of THE AMERICAN INSURAN(~ COMPANY now in full for~ ~d ~ffecz. .: ~ Ardcie V~[. AO~oin~me~i trod AuUtotity of Relidewt Secrewlm$, Atlov~eys4a-Fm msd Agents to seecOt Ldepl Pnga$ ~nd tvimie Appelfm~{~ Set-zion ,15. At~omtmmt. The Chairme of ~e Beant of I:M~etoft tile Pt~sidea~ any Vlea-Prmidem or any otJaer penon authoriaed by the Boanl of Directors, the Chairman of tlae Board of Direetors, the Ptq~ident 0r any Viee-Presidm, t may, frem lime to time, allpoint Resideut Asnltant .~,entanes and. Atto~n-Faes to r~Oreaent and act for ami on behalf of the Corporalion ami Agents to aece~ iepi pguees m make al}laem'am~ for and on ~ of ~e Corporalton. Sec~ou d6. Aaaorify. The ambority of sueh Resident .4dsinant SeeK, mfies, Atlorneys-in4~m and Al~nu shall be ~, pt, es~ibed in the instrament evidencing their ap.oointmeat. Any such appointment and all anUaoriry granted tbt, tt~y may be r~vok. ed at any time by !be Bonn1 of Dirt, etots or by any penon eml~w~'t~ to make such appointment." T'n,ia power of attorney is si~ned and sealed under and by the authority of the following Resolution adopted by the ltotrd of Directors of THE AMERICAN [NSURA~ COMPANY at a meeting duly culled and hctd on the 31st day of July, 1984, and sttd Rmtution has not been amended or repealed: ".RESOLVED, that the signature of any Vice-Preside:it, .-~Suta.rK Secretary, and Resident A~tstant Secretary of thi¢ CorPoranon, and the gai of this Corporanon may be aiFtxed or pnnted on any power of attorney, on any rtwocauon of any power of attorney, or on any cem~cate reinfrog thereto, by fac.vdzn~e, and any power of attorney, any revocauon of any power of attorney, or crmficate bearing such [acaimile signature or facaunile seal shall be valid and binding upon the Corporanon:' IN WITNESS WI=FER.EOF. THE AMEP, ICAN INSURANCE CO MPANY has caus~ these presents to be signed by its Vice-President, a~t its corporate anal to bebereuntoaffixeddm ].:it ctayof Jl.llle ,19 90 THE AMEI~ICAN INSURANCE COMPANY ./f -. STATE OF CALiFO~IA CO~ OF ~N ~' On~ ~ ~ ~yof Tu~ - ~9 Q~ -~fo~mmo~y~c ~. D. F~swo~h to me ~o~. who, ~g by me day. ~. ~d d~ ~ ~y: ~ he n Vi~t of ~ ~E~ INSU~ COMP~, ~e ~m~' ~'~ ~OF, I ~ve h~m ~ my ~d ~ ~ my of~ ~ ~ ~y ~d y~ bm ~ a~ve ~. ' OFFICIAL SEAL : ~ J.M. VANDEVORT == : NOTARY PUBLIC- CAUFORNIA -: ,"' Pl~ncepal Office in Mann CounW' :- Nem heK , My Camm6~iee L~am AW, 21, tflz -: STATE OF CALZ'FORNLA COLrNTY OF .MARIN 1 1. ;.be unde~'~gned, Resident ~t Sectetiz7 of THE ~CAN ]NSURANC~ COMPANY, ~ NESRASKA Corporation. DO HE]t~Y CF_RTXFY that me foregoing anct att3t~ed POWER O F ATTORNEY rel~l, las m f, Ii force ~ h,e not be~ rcvoted: and fliftller~ore t Jilt Az?jcte VH, ~m:tions 45 asld 46 o( the l~y-laws of the Corporanon. aa~l the Rmiutio8 of the ~ o~ Dire;zors; set ford3 ia U~ Power of Attol"~t,,y, 3.re now m -~i~neda~dsealedatthcCountyofMarm. OatedLbe :2]'81: dayof Januacy ~9 93 ~)711 -TA.-6-90 (REV'~ CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND EROSTION-LANDSCAPE BOND # 111 1925 PREMIUM $723.00 6953 WHEREAS, the City of Temecula, State of California, and THE PRESLEY COMPANIES (heroinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified.as Project Tract #23267-3 Lots 66 thru 170 ,.is hereby referred to and made a part hereof; and- WHEREAS, Principal is requi~ed under the terms of the agreement to furnish a bond for the Faithful performance of the agreement, NOWTHEREFORE, wethePrincipal and TEE AMERICAN INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Temecula, California in the penal sum of S 80,300.00 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, · successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation will become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents and employs, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amourrl: specified therefore, thereshall be included costs and reasonable expenses and fees. including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that'no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway 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 agreement or to the work or to the specificationS. BN'D-O03 1 08/14190 CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND Page 2 IN WITNESS WHEREOF, this instrument has Principal and Surety above named, on January 21 been duly executed by the ,19 93 Cer~fica~e of Acknowledgemen~ STATE OF CALIFORNIA County of Or~ng~ j January 21, 1993 Kathleen Viodes On before me, personally appeared Victoria M. Campbell personally known co me ( ' ' -' .... ~o be the person(s) whosename2s) is/are subscnbea to me within ins~rumen~ and acknowledged co me tha~/she~Ji~ execur~d the same m2iti/herl~ authorized cap. mtyties), a~d cha~ by i~Ilher/~l~ signature(s) on the inscrumeni the person{s), or the enUvy upon beha~ of which the person(s) ac~ed, execur~d the menc; O OFFICIAL SEAL KATHLEEN VIODES NCTARY PUBLIC · CALIFORNIA~ i PR:NCIPAL OFFICE IN ORANGE COUNTY MY C0:,:MISSION EXPIRES MAY 4, 1994 STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO } { Title) o. /- . 5--i3 . before me, Nancy J. Webb, a Notary Public in and for said State, personally appeare~G-,~iJlWi,-N~rd- ,,, -nd John H. Nabors, Jr.. personaJly known to me (or proved on the basin of satisfactory evjcience) to be the persons who executed the within instrument as Sr. Vice President and Vice PreeidefH on behalf of the corporation therein named and acknowledged to me that such corporatjor~ executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. . IN WITNESS THEREOF. I have hereunto sat my hand and affixed my official seal, in and for said County and State. the day and year first above written. FOR NOTARIAL STAMP My commission eXpif~~ ' POWER OF -a.T~EY TH~ A~MERICAN INSURANCE CO~Y KNOW ALL MEN BY ~E PR~: ~t ~E AMERI~ INSU~ COMPANY. a Co~Uon in~mt~ under the ~ws of the Sate of New J~s~ on FeOr~ 20. 1~, ~ rMom~timtM to the S~te of NeDrata on Ju~ !. 1~. ~ M~ng i~ pnn~D~ office in the City o~ O~, Sme o( NeUmka. h~ made. ~o~utut~ ~d a~nt~. ~d d~ by th~ ~u age. ~tute ~d aDpoint ~-~ZCT0~ ~. ~B~.~ and to bind the Corporation thetony as fufiy ~ to the sane ozcnt as if sm:~ bonds were ~ by the Pt~sidcnt. Sealed with the corporate seal of the COrporaLion and duly attested by its So:teaT, hereby rat~-ying and eonfu'ming aft that the said Attofit~S)-in-Fact may do in the prenlism. TNs power of attorney is granted pursuant to Article VII, Sec~ons 45 and 46 of Bylaws of Tint ,4~tERIC. AH INSURANCE COMPANY now in full for~ and ¢ffea. " Artlee Vll. Apl~fistmeet ~d Au~bot~tF o( Res~mf Sereratio Atloroerd.~FRt ned AlemrS to aeee~t ~ Process and Monte AplRm'am~. Section 45. Allpointa~e~t. The Cblirlllnn of file Board of DiKeors, the Pvujdeat, any Vice*PTuidett or any other IMrsoa anthorizaJ by the Board of Directors, the Chairman of me Board of Dineson, me Promdent or any Vice-eresMeut my, from time to time, appoint Resdeut Asmslant SeenturNs and Attorneys-in-Fan to rsprueut and an for and oa behalf of the CorlmraLiou and Again to aca~t legal process tM B atHMmrlfices for and on bensU of the Corporation. ~c-nou 46. Anmo~lT. The authority of such Residant Assistant So:unties, AnorneTs-in-Fuct and Agents shall be as prescribed in the iustntment e~deneng ttmir ap.oomtmeut. Any SUCh appointment and aU authority grunted thereby my be rrroked at any Ume by the B4xn. d of Directors or by any person emOowefed to make such appointment." This power of anorney is si~ned and sealed under and by the authority of the foUowinS RnoluLiuu adopted by the Board of Directors of TH~ ~CAN INSURANCE COMPANY at a me~ting duly caUed and hcid on the 31st day of July, 1984. and said RuntaLton has not b~n amendcol or r~3e~ted: ".~.SOLVED. mat the signature of any Vice*Prendem. A.~sistant Se~etary. and Residual Assistant Secretary of this C~rporatjon. and the seal of thLs CorVorauon may 4x affixed or pnnted on any power of attorney. on any revocauon of any power of attorney, or on any c~-tificace retatmg thereto. by far. am~e, anci any power of altomeT. any revocation of any power of attorney. or ceruficate beanng such facltmi]e signalnat or fac31tm]e seal snarl be v2"d and binain& u00n the Corporation:' IN WITNESS WHER.EOF. THE AA4ER/CAN INSURANCE COMPANY hu caused these prescn~ to be 3igned by its Vice-PreValent, and its corporate seal to behereuntoafExeclti'Us ].SI: ciayof Jul'le t9 90 STATE OF CALiFOKNIA COUNTY OF ,MARiN By THE AMERICAN INSURANCE COMPA/~Y ! OFFICIAL S~L J. M. VANDEVORT N~rrARY PUBLIC- CALIFORNIA nc~pal Offion in Mann Q}only : , CEI~"ZFICA.T~ '11111110e1441111m,le~lllllllllllleelmllfellflelmlell~ S'rATE OF C,-~T..T. FOR_NIA. C0~ OF .MARIN as. ~. the unde~gaea. Resident Assi~nt ~n'etary of THE AMERICAN INSURANCE COMPANY. a NEBRASKA Comomion. DO KEREBY C:ERTLg'Y rne foregoing and attached POWER OF ATTORNEY re,,,-i,, in full force amt has not bees reverent: and furthermore thg Article VII. Samore ~5 ami 46 of the By-laws of the Corl~oraUon. and the Remoluuon of the Board of Direaura; aes forth in Um Power of Anorney. are now in force. Signed and ~ed at the County of Mann. DaL~l the "~,~:/ 21st dayof January · 19 93 36071 I-TA4-90 CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND EROSION-LANDSCAPE BOND flllt 1925 6961 PREMIUM $288.00 · WHEREAS, the City of Temecula, State of California, and THE PRESLEY COMPANIES (hereinafter designated as '*Principal*') have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 ., and identified as Project Tract/t23267-4. a 5- hereby referred to and made a part hereof; and ,. WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful performance of the agreement, NOWTHEREFORE, wethePrincipal and THE AMERICAlq INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Temecula, California in the penal sum of $ 32,000,00 lawful money of the United States, for the payment of such sum well and trul~ to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, The condition of this obligation is such that the obligation will become null and void if the above-bounded Principal, his or its heirs, executors, administi i~ors, successors, or assigns, shall in all' things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its. officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obiigation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the aqreement or' to the work to be performed thereunder or the specifications accompanying the same shall in anyway 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 agreement or to the work or to the specificationS, BND-O03 1 08114190 C]"Pf OF TIgJECULA SUBDIVISION FAITHFUL PERFORMANC~= BOND Page 2 ..... Certificate of Acknowledgement ' STATE OF C~Lr~0RNIA County of On January 21, 1993 personsay ap. pe~red before me. LT~12ee~ Viedes Victoria M. Campbail 'personally known co me ( · '- '~_ ~,~L,, ~ m be ~e person(s) whose name(s) is/m subscribed Co r, he within instrument and acknowledged to me r~a~tP./sheM, a~ e.xec.::ed ~e same mI~i/her/t aur. hormed capaeip~ies), a~d tha~ bv Xi~her/~[l~ signamre~s) on Me insnmmen~ the penon(s), or r~e ~U~y upon behaff of which the penon(s) a~ed. execur.~ the ins~en~. (SeaO MY COMMISSION L~P RES MAY 4 1994 STATE Of CALIFORNIA } SS. COUNTY OF SAN DIEGO } · Public In anti for sa~d State. personally appeared Gt.4h:l P. Nofdc..eR and John H. Nabors. Jr.. personaJly known to me (or proved on fie basis of selisfacton/ ewdence) to De the persons who executed the w~thin instrument as ~ I~eaidr.~t and Vice President on behalf of the corporalion therein namKt and acknowledged to me that such corporation executed the within instrument pursuant to ,ts bylaws or a resolu~on of its Board of Directors. IN WITNESS THEREOF, I have hereunto set my hand and affixed my official seal, in and for se,:l County and State, the day and year first above written. FOR NOTARIAL STAMP GENERAL POW'~ OF Arrom~gY ~ ~CAN INS~~ CO~ANY KNOW A~ MEN BY TH~E PR~: '~at ~E ~ERI~ INSU~N~ COMP~. a Co~Uon i~mt~ un~ the ~ of t~e State of N~ Je~ on Feb~ 20. IN. ~e rMom~ti~M to t~e S~te of Ne~mRa on Ju~ i. 1~. ~d M~ag i~ pnn~ o¢fice in the City of Omaha. State of Nebm~, ~ ~de. :o~Utut~ ~ a~nt~. ~d d~ by th~ ~en~ ~te, ~tute ~ aD~int acknowledge and deliver any . and to bind the Corporation th~eby as iufiy and to the same otent a/Lf such bonds w~e xign~ by the President. sealed with the corporate. seal of the · Corporation and duly attested by its Secretary, - . . h~zeby ratifying and confirming all that rig slZt Anorney(s)=in-Fact my do in me'Premises. This power of attorney is granted punuam to Article vII. Sections 45 and 46 of By-Ltws. of ~ AMt=RICAN INSURANCE COMPANY now in furl ~rc~ and eff~:L - ' Article VII. Ad~pointmewt sad Agk~ of R~t D~on, the ~u of t~ ~ ~ D~o~ me P~d~t or t~ V~P~t my, from ~ to ~ ~ ~t ~l ~ and AR~Fa~ to ~t a~ m for ~ou ~. ~ u~o~ ~e aumo~ of m~ R~d~t ~t ~. AHom~F~ and A~U s~ ~ m ~'in t~ment e,denang · ~rapNmtmnt. Any sucb ' ~esucbsppomtmnt.' aPP°tntmntaad~aaaod~gaat~tbebymty~ok~atayaeby~e~ofD~morbyuy~uem~to ~ ~w~ o~ ano~ ~ si;~ ad s~ ~d~ ~d ~y ~e au~onty o~ ~e foHo~n8 R~in~ou ~opt~ by t~ ~ o~ D~on d ~E ~CAN ~SU~ CO~P~ at a m~g ~y ~ ~d held on the 3 1st day of J~y. L9~. ad md R~iu~on ~ n~ ~ and~ or r~: "~OL~. mat ~bc si;amre day Vice-P~dent..~is~t S~e~, ~on may ~ ~(~ or ;~nt~ on ~y power o~ ;tco~ey. on any r~Uon of ~y ~w~ o~ ztto~. or on ay ~te r~g ~a~o. by f~c. ~d ~y ~wer o~ ~czo~. ~y rw~uon oi ~y ~wer o~ 3tto~ey. or c~fi~tc ~ng ~ ~c si~ or f~e ~ ~ ~ v~d ~d bin~ng u~on ~e Co~o~uon:' ~nzoaff~t~s !S~ ~yof ~ 90., STATE OF CALIFORNIA COLrNTY OF MARIN By THE AMERICAN INSURANCE COMPANY J. M. VANDEVOIrr NOTARY PUBLIC- CALIFORNIA Pr'mc~l Office in Mann Co~mty A~v Cammince 6-m aw. 21. STA~ OF C~O~ CO~ OF ~ · e forqomg ~a a~ PO~ OF A~y r~ m f~ fo~ ~ ~ n~ ~ ~k~: ~d f~~ ~I, ~om 45 ~d ~ of the By~a~ of ~e ~nuon, ~d the ~iuuon of Si~ ~a ~ at me Co~W of M;, Da~ ~e 2-1.S t day of January · x9 93 ..¥34)711-TA-,'i,Q'0 (REV) CiTY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCe= BOND EROSION-LANDSCAPE' BOND/t111 1925 6979 PREMIUM $1,031.00 WHEREAS, the City of Temecula, State of California, and THE PRESLEY COMPANIES {hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Project Tract/123299 (superceded b7 TR#26861) "' , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful performance of the agreement, NOWTHEREFORE, wethe Principal and THE AMERICAN INSURANCE COMPANY as Surety, are held'and firmly bound unto the City of Temecula, California in the penal sum of $ 114,500.00 lawful money of the United States, for the payment of such sum well and trulY, to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation will become null and void if the above-bounded Principal, his or its heirs, executors, administ, dLors, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and. any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the. City of Temecula, its officers, agents and employs, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such ob!igation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension 0f time. alteration' or addition to the terms of the agreement or :co the work to be performed thereunder or the specifications accompanying the same shall in anyway dffecl: 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 agreement or to the work or to the specificationS. B 1N'D -O03 1 08 114 / 90 CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND Page 2 IN WITNESS WHEREOF, this ins~an~ument has been duly executed Principal and Surety above named, on a=y 21, , 19 93 by the Certificate of Acknowledgemerit STATE OF CALIFO~ Count7 of Or'~rmq~ On January ? ] pemonaily appeared before me, Kathleen Viodes Victoria ~l. Campbell p'e~sonajJy known co me ( . ' ...... r,o be Re person(s) whose name(s) LVare subscnbedm the ~vlthin instrument and acknowledged :o me thaa4~Ysheal:l~ executed the same in 21i(Vher/tblE autlmorized caaacitT(ies), and thac by !Xi]gher/12xTfi: signature(s) on the insu'umeac the person(s), or the enUcr upon behalf of which the person(s) ac~ed, execur~ r~e insmen:. WITNESS my hen and ol:ficial seal. f ............................... ~6'~'~"i~'i~'i"'~'~;ii' ....... .-..: 160772- 6- ~ I APPROVED AS TO FORM: STATE OF CALIFORNIA } SS. COUNTY OF SAN DIEGO } 0. -. , before me, Nancy .J. Webb, a Notary Public in and for saJd State. Personally appeared {~w~lkJ'l%temen and John H. Nabore. Jr.. personally known to me (or proved on the basis of satisfac'~W evidence) to be the Persons who executed the within instrument as ~-~4'r'Viee ,lt~ef~ and Vice President on behalf of the corporalion therein named and acknowledged to me mat such corporation executed the within instrument pursuant to its bylaws or a resolulion of its Board of Directors. IN WITNESS THEREOF. I have hereunto set my hand end affixed my official seal, in and for said County and State, the day and year first above wntten. ORANGE COUNTy ' ..... MY CO:,':MISSION EXPIRES ;,fAY 4, 1994 j FOR NOTARIAL STAMP ( "" ' OFFICIAL SEAL N0 · mA POWER OF ~,,v~omNgY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: ~t ~E AMERI~ INSU~ COMPLY, a ~on inm~mt~ u~ the ~ of the S~te of N~ Je~ on Fe~ma~ ~. 1~. and rmom~tim~ to the S~te of Ne~mka on Ju~ t. 1~. ~d ha~ag iu pnn~ office in me City of Om~, S~te of Ne~mR. ~u made. comutut~ and aD~nt~, ~d dm by t~ ~u mare. co~tute ~d ap~int and to bind t~c Corporm~on thcret~y as [uUy and m ~ ~e ~ u i[ s~ ~ ~ ~ by ~ ~ ~ ~ ~ ~ae ~ o( ~e ~ ~ o~ a~o~ b ~t~ p~t to ~e VIL ~om 45 ~ ~ d ~y~ of~ ~RI~ ~~ COMPLY n~ in f~ fo~ ad eff~. · ' ~ V~. AOt~utmtut and Autbot~y of R~Sdtst Ss~.tan~ Attonttr~u-Fm usd Attuu to uc~t~t ~ Pn~tss uud MaRe Section 45. Appointment. The Chairman of me Board of Dlrmors, the Pmsidaat, an7 Vic~-Prmidem or say a4her person authorgod by tim Board of Dinetots, the amirman of the Board of Dir~czoa, the Pr~ndent or any Vic~Pruident may, from Ume to Lime. appoint Re,dam Asmsmnt ~ecR,.m"ia and- Attorneys-in-FaG to rt~r~en( and ac~ for and oo l~bmJf of the Corporation and AS~!aU to ~t ~ prac~l and naake rapperu"anon for and an ~ of the Corporadon. Sec~oa ~6. Again-jay. The authority of such Resident Assistant Seen. mria, Atlornrys=in-~nc% and Agent1 ~ be u prucribed in the instrument evidencing ~eir appointment. Any such ,, ppoin%ment and nil authority granted thereby may be rrtoked at any t~ne by the ~otrd of Db~ctors or by any IK'rsou empowered to mike Such appeinuneut." T~is power of attorney is signed and sealed under and by the authority of the following Resolution actopted by the Board of Di~a:zors of THE AM~:RICAN LT,/SURANCE COLMPA~fY at a me~ing duly called and held on the ) 1st d~y of July, 1984. and s~d Rmotution lm not been anondud or rep~tiat: "?..ESOLVED. Lhat the signature d any Vice-President..Assistant Secretary, ~nd Resident Assistant Sect~,zry of this Corporation. ~nd the se~ of this Coreranon may be a[fixect or pnnted on any power of attorney, on any revtx:~xon of any power of attorney, or on ~ny ceni~,'~te retiring thereto, by facsimile, ~nd any power of attorney, ~ny revocauon of ~ny power of attorney, or ce:'tificzte t~znng such facsumie signature or fatsuntie s~t sl'~l he vztid and binding upon the Cor~orzuon." · IN V/XTNESS wI=FER.EOE T~.E AJ~EKICA=N INSURANCE COMPANY has caused thes~ presen~to he signed by its Vice-President, and its'corpoate se~ to Lsz ~yof June 19 90 b~ hereunto aff~xe~ this STATE OF CALfFOR/qlA COUNTY OF ~N THE AMERICAN IN:~UEANCE COMPANY By u. R. D. Farnswonh OntJ~i.s ~ ~r ~lyof Tu'np t9 a~ , be~oreme~sonaliyc~mc tO me Rnow~, who, Ixmg Oyme cluiy'sworn,-~d degose and ny: Ltm he ~ vi~~ of ~E ~E~ [N~ COMP~, me Co~nuon glll~lillllllll1441114111illllk 'l,w,.l~k,,.~,=,,~,,.,,~..,llF ~. OFFICIAL SEAL v anoevo -. : NOTARY PUBLIC- CALIFORNIA CO~ OF ~IN Si~u~g~meCo~o/M~.Dg~m~ 21st ~yd January 19 93 360711 -TA-6-90 ( REY~ ITEM NO. APPROVAL ~~ CITY ATTORNEY FINANCE OFFICER · CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER MARCH 23, 1993 CONTRACT FOR JULY 4TH, 1993 FIREWORKS SHOW PREPARED BY:%.~'H~.ERMAN D. PARKER, RECREATION SUPERINTENDENT RECOMMENDATION: That the Board of Directors: (1) Award the contract to Robert Caran Productions to produce the City of Temecula's 1993 July 4th Fireworks Show. (2) Appropriate $17,000 from unreserved TCSD fund balance to account #190- 180-999-5250. DISCUSSION: Plans are currently Underway for the City of Temecula's July 4th, 1993 Fireworks Show. This year's program· will be entitled "The Temecula Star· Spangled 4th" and is scheduled to be held at Rancho California Sports·Park beginning at 9:00 p.m. sharp. Other planned events for July 4th include a parade in the Old Town area, a country fair at the Temecula Town Association, a V.I.P. softball game at the Sports Park, and music provided by local radio stations. Robert Caran Productions will produce one twenty (20) minute fireworks display/show synced to an audio soundtrack of the country's most patriotic musical scores, with playback via (KGGI-99.1) FM radio at the Rancho California Sports Park. KRTM radio has been actively involved in the organization of this day's events and will be a major local promoter of the July 4th Fireworks Show. Robert Caran Productions is the only fireworks display/show company that can produce a unique programming format that utilizes a custom-designed stereo soundtrack complete with computer-controlled synchronization for all electronically fired pyro sync-launch show elements. Their services also offer complete show design, all necessary on-site production personnel, and production of all on-air promotional advertisement venue for local radio stations. ' It is therefore recommended that Robert Caran Productio'ns produce the City's first July 4th Fireworks Show for the citizens of Temecula. FISCAL IMPACT: The total contract will cost $17,000. It is requested that $17,000 be appropriated from unreserved TCSD funds to account #190-.180-999- 5250~ CONTRACT FOR 1993 FOURTH OF JULY FIREWORKS SHOW Whereas, ROBERT CARAN PRODUCTIONS, located at 13856 Bora Bora Way, Suite 202C, Marina Del Rey, California 90292, (herein after referred to as "RCP"), as a full service media production company, is desirous of serving as "PRODUCER" for the DESIGNand PRODUCTION of the July 4th, 1993 OUTDOOR S~k,er Fireworks presentation entitled "THE TEMECULA STAR SPANGLED 4TH" located on the. property. of'the· CITY OF' TEME.CULA known .as RANCHO'CALIFORNIA SPORTS PARK~ · Temecula, California. AIld, Whereas, THE CITY OF TEMECULA, located at 43174 Business Park Drive, Temecula, California 92590, (herein after referred to as "COT", which manages, operates and maintains the City of Temecula and is desirous of securing RCP to create, produce, install and operate said presentation as described in Attachment "A" [the Proposal] and made part of this contract. IT IS UNDERSTOOD AND AGREED BY ALL PARTIES THAT:. RCP will produce for COT the following production: One (1) Twenty (20) minute, to Twenty-five (25) minute, outdoor fireworks display/show synced to audio soundtrack with playback via FMradio station at the Sports Park show site as described in Attachment "A" and made part'of this agreement. Said presentation will be designed, produced, delivered, installed and played back in a pre-recorded format. RCP agrees to deliver the presentation consisting of project management and supervision, creative development, show design, programmed~stereo'soundtrack, all necessaryon-site.production personnel and choreographed pyrotheatrics for the Sports Park show site according to the 'Production Schedule,. Attachment "B", and made part of this agreement. COT shall pay RCP the cost for the production, all materials, miscellaneous production equipment, services and shipping of show elements outlined below, which cost is SEVENTEEN- THOUSAND-DOLLARS ($17,000.00) as detailed in A=tachment "C" (the Budget) and made part of this agreement. RCP will supply the following materials and services toward the production, completion and installation of the above- mentioned presentation: Overall Project Management, Operations Overall project management Supervision, Coordination, and coordination with COT , , personnel for use of all COT equipment procurement and show site logistics. Detailed site survey of display/show site~ All creative development of proposed show elements. One continuously-running stereo soundtrack for display sync. All choreographed pyrotheatrics (fireworks) for one (1) 'electrically fired display/show at the Sports Park display/show site. Load-in, installation, set-up o and strike of all production-presentation elements at the Sports Park display/show site... Technical coordination and superVision of all on-site load-in and set-up of all COT (client-supplied) equipment necessary for the successful operation/playback of said display. Consultation, design and coordination of all general public viewing areas and operations control areas for the presentation. All necessary ON-SITE RCP/San Diego Fireworks production personnel to load, launch, performand secure the display site. The presentation will take place at the site agreed upon by the parties on the premises of COT property at Sports Park, Temecula, California. The official date for the show will be SUNDAY, JULY 4, 1993. Said show will be performed ONCE. ANY additional performances will be considered EXTRA above and beyond the above-mentioned cost as described in Paragraph 3, and the overall show costs contained herein and said cost for these additional shows will be negotiated by both RCP and COT and executed by approved Letter of Agreement. TOTAL NUMBER OF DISPLAYS/SHOWS: ONE (1) Pre-programmed for sync to stereo broadcast playback. i '- All reasonable'-requests for information,:advisory personnel, equipment, vehicles, aircraft, prints "and plans of COT materials, show site or any advertising materials or activities relating to the project and access to the appropriate personnel at COT are to be made available upon mutual agreement of both COT and RCP. Any additional production or additional fireworks product requested by COT added to the above mentioned display set forth on July 4, 1993 to be completed by RCP, will involve additional costs and will be covered by a separate agreement at rates to be negotiated. 8. Cancellation Requirements Ae Should the weather prove unfavorable on the'date(s) set for said display, at the option.of COT postponement may be arranged for display to be fired on the next following CLEAR .date upon agreement by both parties, but such postponement shall be decided on and notice given to RCP no later than THREE 0'CLOCK P.M. on the day on which the display SHOULDbe held and COT agrees to pay RCP for any and all additional expenses made. necessary .by' such 'postponement. Should the display be canceled' and. not .postponed,'COT agrees to pay RCP for all.costs incurred, up to and including the day of cancellation including all operations,.personnel, pyrotheatrics operators, permits and insurance. In addition to the above-stated cancellation charges, COT agrees to pay RCP a 10% restocking fee for pyro, and services based on the contract price as described in Paragraph 3 above, provided that the compensation will not exceed the total compensation due under this contract, and COT will not be liable for any and all unadvanced expenditures beyond and including the date of cancellation. COT agrees to provide. for the period commencing at 7:00 A.M. on SATURDAY, JULY 3, 1993 through SUNDAY, JULY 4, 1993 at 2:00 A.M. adequate police and/or security personnel to PREVENTthe general public from entering the immediate area designed for the firing of the display, the control and their fallout areas. Any COT or general public vehicles or COT or general public personal property located within the designated firing area shall be removed at COT's expense. Any damage or destruction of said vehicles and/or residential private personal property left remaining within the designated firing areas shall be the sole responsibility and liability of COT. COT shall also be liable for any damage Or theft of any RCP.and San .Diego Fireworks Company equipment caused by the general public or COT personnel while any such equipment is located at the designated firing area where RCP's, San Diego Fireworks' or any other subcontracted vendors equipment secured by RCP for the successful operation and execution of the display is located. COT agrees to provide at their sole expense any and all fire protectfon equipment and personnel so required by any local or state governmental authority. RCP and its subcontracted vendors agree to furnish to COT adequate insurance coverage in connection with the fireworks display in the following amounts: Bodily .Injury and Personal Property Damage -3.- including Products liability in the amount of $1,000,000.00 (One Million Dollars) combined single limits with COT and 'RCP to be 'ha/ned as additional insured.. The insurance coverage shall otherwise satisfy the terms and conditions, and include the forms contained in Exhibit A. COT will have forty-eight (48) hours tO approve insurance submissions of additional vendors. In the event the display is can'celed'or interrupted due to equipment failure or malfunction, water leakage, fire or other damage in/tothe display show/site, staging area and fireworks launch area as a result of inclement weather, fire, damage to equipment and/or show elements as a result of construction mishaps or interference by COT or the GENERAL PUBLIC, ALL operations of the presentation will CEASE. COT and RCP will notify each other i~f~,ediately. Said causes. for "down time" will be evaluated by RCP and COT, documented as to repair costs. Following evaluation and approval of COT, RCP will effect repairs as fast as possible and will detail and invoice COT upon approval by COT. Any and all expenses (operating personnel, maintenance, equipment rentals, permits, insurance, etc.), related to and incurred during the "down time" of the presentation, will be the responsibility of COT. COT reserves the right to cancel the presentation at any time. In the event the fireworks display is postponed due to rain, high wind or inclement weather, the event will be rescheduled as described in Section 8, Paragraph A, as agreed upon by both COT and RCP. RCP'reserves the right to consult with COT and to upon mutual agreement cancel the pyrotheatrical display if the weather conditions in RCP's and San Diego Fireworks' view present a danger tO the general public, show site, RCP production-personnel and any and all RCP and subcontracted vendor property at the site. DELAY OF SHOW With respect to DELAY OF SHOW, RCP GUARANTEES that the pyrotheatric display will be fired at 9:00 P.M. on SUNDAY, JULY 4, 1993 and that COT allow for twenty (20) minutes each side of.that hour should ANY delay be necessary so that RCP and San Diego Fireworks can effect repairs as a result of caused delay. This guarantee does not apply should any failure of the show's radio broadcast as a result of malfunction at Radio Station occur, telephone communications link between control areas and show site be disrupted, breech of security resulting in damage to any and all show equipment by General'Public, third party persons or unwarranted cancellation or delay by COT personnel, fire authorities and associated fire prevention personnel, Acts of God or as stated in Section 8, Paragraphs A through F~ - Should RCP fail to fire displays within the "window" of time as described above as result of its negligence than according to the payment schedule as detailed in Section 13, COT shall RETAIN final payment as compensation in delay of show. If the pyrotheatric display/show is canceled due to the negligence of RCP, all payments made by COT shall be refunded to COT. 10. RCP AGREES TO: Ae Provide the pyrotheatrics display/show as detailed in Attachments A, B, C, D, and E - Detail of pyrotheatrics to be utilized in the display/show. Provide all necessary production personnel and back-up production personnel to execute each assigned function in the production of the display as described in Attachment "A", EXCLUDING security personnel, fire prevention personnel load-out of any and all COT supplied elements, crowd control personnel and any other non-contracted personnel or equipment not identified in this contract in writing and submitted to RCP in advance. Through the subcontracted vendor, San Diego Fireworks, provide TWO (2) licensed pyrotheatrics operators and all other licensed pyrotheatric support personnel necessary to safely execute said pyrotheatrical display. Obtain all necessary permits and licenses for all show elements. REQUIRE all vendors to obtain and maintain a 'comprehensive general %iability insurance policy as detailed in Section 8, Paragraph E.. In addition, all vendors shall obtain and maintain policies of Worker's Compensation insurance covering 'their respective' employees. VENDOR 'Certificates of Insurance' evidencing such liability insurance and Worker's Compensation insurance shall be filed with COT within thirty (30) days prior to the commencement of the display. Provide at least two (2), 2-1/2 gallon water pressurized fire extinguishers or their equivalent within the display area at all times. Store, transport from storage site, set up, fire and strike the pyrotheatrical display. Remove and safely dispose of all pyrotheatrical debris from the display site IMMEDIATELY following the presentation. 11. Provide all necessary maintenance for RCP personnel and equipment. Provide, transport and utilize all necessary equipment, weather-proofing materials and internal co~:Lunications equipment (for RCP production personnel only), required for the successful operation for the display. 'Provide reas6nable training to employees of COT if requested by COT and/or RCP as deemed necessary for the. successful' execution and operation of shows~ COT AGREES TO: Ae Provide ALL 'additional permits and licenses if any (excluding display permits and licenses) necessary to operate and perform display at the site, except that RCP shall obtain a business license from COT. COT will otherwise waive any and all business operations taxes for RCP for this one day event. B. Provide site location(s) for display presentation. Provide all necessary COT technical and non-technical personnel for the load-in, set-up and strike of all COT production elements and installation of all telephone communications lines, two (2),. plus two {2) telephones, 2 COT 2-way radio's hook-up and strike for communications link between the radio station and Sports Park show site. Telephone installation provided by COT will be effective on or before WEDNESDAY, JUNE 30, 1993~ In addition, all fire prevention equipment, COT equipment transport vehicles, water vehicles, staging platforms (if'any), power and water hook-up and strike, prints and plans for the successful installation of the show site will be provided by COT. COT will provide for .all necessary power/water hook-up and strike at show site for the duration of.the project including: Load-in and set-up prior to display beginning at 7:00 A.M. FRIDAY, JULY 2, 1993 through MONDAY, JULY 5, 1993. To provide all on-site rigging equipment, mechanical services and materials necessary for the safe and successful load-in, set-up, installation and operation of both shows beginning at 7:00 A.M. SATURDAY, JITLY 3, 1993. COT shall furnish and set-up in conjunction with RCP designs all necessary personnel as described in Section 10, Paragraph B, and such restraining lines, stanchions, etc. as necessary for the protection of the public and 12. 13. operating' personnel. COT will provide. security throughout all load-in, set-up, display and strike. Any costs in addition to the contracted price stated in Section 3 and on the attached breakdown'in Attachment "C", will be incurred only with prior approvalby COT in writing at rate to be negotiated. With' regard to payment schedule, the first payment of $3~500.00 is payable from COT to RCP no later than MAY 14, 1993. The second payment of $10,000.00 from COT to RCP is payable by JUNE 1, 1993. The third payment. of $3,500.00 from COT to RCP is due IMMEDIATELY FOLLOWINGTHE SHOW JULY 4, 1993, or within five (5). days following completion of the project. Any additional approved costs or out-of-pocket expenses (if any) are payable within ten (10) days following the completion of the project or within ten (10) days following SUNDAY, JTJLY 4, 1993. COT recognizes that time is of the essence with regard to payment as set forth in the payment schedule outlined above. Should COT elect to supplement the pyrotheatric content of the display, the costs for the increased product will be evaluated and paid by COT as described in Paragraph 7. 14. COT designates SHAWNNELSON and/or HERMAN PARKER or any other . designated COT representative to grant'approval where called for during the production of. all elements. This representative is authorized by .COT to approve or demand reasonable appropriate changes of said elements where deemed necessary'. RCP will be entitled to additional compensation should any significant changes, additions or deletions be necessary after the approval by the above-mentioned representative(s)'of COT of any particular stage or element of production. All requests for changes, additions or deletions of any elements of the production not outlined within the context of this agreement throughout the course of the project, will be submitted and approved by both 'parties. in · writing in the form of a PROJECT CHANGE NOTICE, "PCN". (Refer to Attachment "D".) 15. With respect to SPONSORSHIP, RCP will work closely with COT in soliciting and securing sponsorship for monetary involvement to increase production value for this event as detailed in the original proposal and budget. COT will provide to RCP a "LETTER 'OF CONFIRMATION" endorsing RCP as PRODUCER for this event and detail in said letter that COT is actively seeking sponsorship for event invoXvement. RCP reserves the right to charge any and all prospective sponsors whatever fee they elect for any additional creative, advertising or marketing involvement with respect to "The Temecula Star Spangled 4th" production. Should RCP secure a potential sponsor for active involvement with respect to additional creative, advertising -7- 16. 17. 18. 19.' 20. 21. 22. 23. and marketing interests, their involvement will be at the sole approval of COT following submission and approval by 'COT within forty-eight (48) hours of submission of theee suggested creative elements. COT acknowledges that RCP'sability to perform its obligations under this agreement in a timely manner is directly dependent on COT's obligations hereunder and that COT agrees to perform such obligations in a timely manner and to fully cooperate with RCP in the performance of this contract. It is understood that RCP owns all 'rights in and to the project including copyright interest therein. COT shall.have' the right to use any or all of the presentation for purposes of demonstration only. In the event that the project is canceled by COT prior to its completion, COT shall be liable to RCP for all costs for said production 'incurred by RCP prior to and including the date of cancellation, not to exceed the total compensation due under this contract. COT WILL NOT be liable for any and all unadvanced expenditures. beyond and including the- date of cancellation. RCP will deliver all materials and elements for the above- mentioned presentation according to the attached Production Schedule (Attachment "B") provided that COT adheres to its obligations stated in said Production Schedule. It is further agreed that the said production schedule has been prepared by RCP and is to be considered .part of this agreement. Any overtime costs resulting from late submissions, late availability of product, personnel or materials or late approval of any and all production materials or production elements by COT will result in additional charges to be approved'by COT.. It is'further agreed that. nothing in.thia agreement'shall be Construed or interpreted'to mean or define a partnership or joint venture between the parties, all parties hereto being responsible for their separate and individual debts and obligations related to this project. It is further agreed that all parties shall in all respects comply with the laws of the state of California and its municipalities in force during the term of this contract. RCP agrees to defend, indemnify and hold COT harmless from and against any and all liability for injury, including death, to any person or persons or damage 'to any property for or by reason of any condition, whether defective or otherwise, of any equipment, firework, apparatus, electrical equipment or 24. 25. 26.. 27. 28. 29. fixture furnished by RCP, San Diego Fireworks, or.any vendor of RCP pursuant to this contract. COT agrees to defend, indemnify and hold COT harmless from'and against ~ny and all liability for injury, including death, to any person or persons or damage to any property due to the sole active negligence or sole willfulmisconduct of COT in performing any of its obligations hereunder. The provisions of this paragraph shall survive the termination or expiration of this contract. This contract constitutes the entire.agreement of ~he.'parties: It may noy be altered, amended or .modified except by an instrument in writing executed by each of the parties. It includes all representations of every kind and nature made by each of us to the other. This contract is binding upon the parties themselves, their heirs, executors, administrators, successors and assigns. If any action at law is necessary to enforce or interpret the terms of this contract, the laws of California shall govern and the prevailing party shall be entitled to reasonable attorney's fees and costs. Should any one or more of the provisions of this agreement be judged unlawful by any court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect. RCP represents that no payments by RCP shall be made to COT employees, contractors, agents, or associated personnel with respect to this contract. Each of the parties hereto is authorized to execute this agreement. -9- IN WITN~.SS THERe. OF, the parties have executed this contract this day of , 1993. CITY OF TEMECULA Robert'Caran .Robert'Caran Productions 13856 Bora Bora Way, Suite 202C Marina Del Rey, CA.90292 By: David F~ Dixon City Manager Attest: By: By: June S. Greek City Clerk Approved as to Form: Scott F. Field City Attorney Exhibi~ A (1 of 4) INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) ('~" Lessee shall procure end maintain for the duration o[ L)te corerset insureace qzinst cleans br injuries to persons or damales to property which may szir~ from or in cormr, tion with the L=asee's operazion ~ us~ of'the ]~=s~.d premise. Th~ cost or' such instrance shall be Minimum Scopo of Insurance · Coverage shall be az least as broad as:. 1. Insunnce Services OEic~ Comme~isl G~menl Liability covaage Cocoutters'form CG 000l). 2.. WorY,=rs' Compensadon instnnce . · 3. P~p=ty insur~c~ zpins~ dI risP4 or loss to ~y ~m~nz improv~n~nu or Minimum Limits of Insurance D. ss~e shall rndntsin limiLs no l~ss ~ 1. G~-zl I.iabili~. Sl,0e0,000 p~r occon-ence rot boday injury, l>mond in.~z~ end prolx=-~y dsrn~. Ir Comm=cisl Oenr~J Liabili~ Insurance or o~r form with · ~en~-sl z~r=~N~ lixni~ is used, =i~r the [~n~r-~ a~lre~z~,. limb shell apply scpsrzzely ~ Ode Project/location or th~ general aggregaze limit shall be twice the reclujred occznTence limiL 2. Enrployer's Lizbiliry:. el,000,000 per ~ziclen~ for bodily injury or disuse. 3. Property ~c=: Full replacemen~ cost with no coinsumce i>enalty pmvislon, Deductibfes and Self-insured Retentions -.A~y deduca'bles or sell-insured rez~nr;orts must be doclsr~l to tnd approved by the Entity. At the option of the Entity, either:.. the insurer shall r-,duce or eliminaze sw.h deducgbl~s or s~lr-insm,ed r~tzmtions as rr. speczs th~ F. ntity, its ottir.~rs, ol'fi~alr,, employees ~I v01untP.~rr,, or the I.=ssee shall ddcnse expenses~ pn:~'m% · bond ru~l,-n~ing payment of ]osses and relaxed in~z~:igslion.~ c!~'n ~:!rn~nisr4fion Other Insurance Provisions The Zenerzl liability policy is to conhdn, or be endorsed to conrz~x, the following pmvgions: ' /" .. 1. The Entity, i~ oftSce~ o~fic{ah, anployees m'd volun~=rs m'e to be covered as insureale as zespe~_~.E liab{.Hty m'is~g out oL premises owned, occupied or used by the Lessee. The coycraZe sh,ttl conrzin no special limit·{ions on the scope dforded to ~he Endry, its officers, officids, employees or volunz~n. 2. The Izssee's insurznce covenSe shall be primeO, ~ as rerpea= ~he Entity, its oft. as, officia2.s, employees and volumeere. Any L'uuran,-- or sdf-insurznce mainu~ned by the Entity, ixs oEicen, o/ficiais, exc.~s of ~e Lessee 's insurmnc~ and shall n,x corm'huge wir. h employees or volume~s shall be 3. Any fz{.]ure to comply w{th reporting or other provisions of th~ poE,des including breaches of wm'~ncies sh,dl not affect coveriga provided to dee Entity, its off'~cers, offichis, e~rzployees or~olonteen. 4. Coverage shall stsz= ~az th~ I-~ssee's irmzna~ shell zpply sapshyly to cech ~ s~si~s~ whom claim is mz~ or sui~ is Each znstranc= pohcy rr. quired by this chu.~ shall be =dotsad to st·-. ' th" co~n'~ shalI ~o~ be stup~ded. voided, cer~II~L r~duc. P.d i~ covm~ or in limils ~xc~pi sirlet ~ ("30) daFs' prior wri~l~m nolice by ~lil'~I m~ ~Nrn rr-~ipt 1.~tueslt.~ been given to t~e Entity. Acceotability of Insurers ~ is to be placed with in.nzrer~ with · current AM. Best's razing of no less than Verification of Coverage !-=t~ee shall [urnish t/z Endty with original endorsements dfeaing coverage ra:luir~I by this clause. The ""Kio~emenu ~ Io be sj.~,d by, person authorized by thaz insurer to bind covenee on its behdtL The ~ts sze m be on forms provided by the =-'~nry. All endants ere to be received and spproved by the Endty bdore wor~ commenc~ As an al~ern·five to the Enlity's by these speciru-=ttiens. '1 $CJPIA Insurance Requirements Manual 21 'oauc~J~ '11.(15 CZRTIRCATE OF IHSUKa, N~ t$ NOT AN INSURIJ{CE OR ,ILTER THE COVERAG~ AFrOROB 6Y TH~ POLICES 8rd.~W. COMPANIES AFFORDING COVERAGE com, Nw I,ETI~R A !,E'Fi'ER COMPN~ LLriTEIt COMPANY k'TATU11~Y s (USF, W,__,cU~Ul,UT) r'ICZX31~QIrCZ3~ON : THE FOLLOWING PROVISIONS APPLY: CSRTIFICAT~ HOLDErADDITIONAL INSURED AUTHORIZED REPReSeNTATIVE PHONE N0. PRODUCER NAMED INSURED POLICY INFORMATION: LOSS ADJUSTMENT EXPENSE (whim) APP.UCABILITY..'r~ __ lwdzins'l= ,'.q:~.z~'m a~ t~%--/dine n~'~lirsumdur4Wd,Mizen~g~e~msa~dpmr~blemew~tme~mleuctm~ac~hem [] hwhk:h cul~tk)'ffie lebing:~..i;:t. agre~ne~ts a/xl pem'~wih Ute Emily ate~vtf~: TY P E 0 F 1N S U RAN C E .. L .;.-::!:',;%~.:::~.:i~:~g.~!.i::'. :~'_.-' :.:~ G=-N~_RAL LIA3~LITY __ CQ~.~.~A"'C~L GENERAL LtAgJUTY DOc=m'mncm COMPREH~N&'VE G~ERAL LLAglLITY O%'~.~RS & CONT".~ACTC>R$ PROTECT:WE COVERAGES '; "-: '.: ;- ~.;L~:=:~"."i!:::: '[ UAS~.rn'L-~Sw~OUS~.,-'3Ss EAC~ CCCU~ENCE i AGG.q:.-GA~ I GENERAL :._:.! 'FRC3JCTS~...~k{PLr[ED OFE~ATICHS ~=,~ & ADY'~.RTt~I, IG INJURY .FIRE DAMAGE OTHER PRO~SIONS CLAIMS: N~ne: ENDORS EM ENT H OLDER EN'Tff'Y / AUTHOREF__D REPRESEN'TATWE F'l an:ft~'/A~en~ []UnderMiter (.DrimAype name). w-4rra~ thaz I have aum~iry Io b~d t~ a~ve-memion~d insumne~ c=:,'np~ey' ~ by my s~nalum hamon do so bind this company to mis enc:lo~wnem. ~e Teleohone: ( }' Dae S~ned WORKERS' .COMPENSATION AND EMPLOYER'S LIABILITY.,~"'-%~~~,r;;;:~,'- :ODUC~R POUCY INFORMA~ON: OTHER PROVISIONS NAMED INSURED CLAIMS: ~'~ ~ far ~ pa~.~'~ ta mis hsura'=L Nard: ,s.~-.,s: EMPLOYERS LIABILrrY LIMITS s ("'~,t $ {okras, 'Lcx'inUt'ype r'.a.me). w'irrm'tt thaX I h,,,-ve authotiy Io bind the ~ insutanc~ compa'rf &rid by my signa~u re herean ~as~l~-.dlh~mmpa'tytol~sendot~,emenL S;gnaNte Telephone: ( ) . D~e S~ned ITEM NO. 5 CITY kTTORNEY FIFANCB OFFICER CITY !iMI~GER . CITY OF TEMECULA AGENDA REPORT TO: FROM: BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER DATE: MARCH 23, 1993 SUBJECT: NAMING OF THE PARK SITE ON PALA ROAD PREPARED BY: RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the Board of Directors: Consider, and if desired, approve a name for the park site on Pala Road. DISCUSSION: The park site on Pala Road is an approximate 28.6 acre community park located north of Pala Road and west of Loma Linda Drive. On November 9, 1992, the Parks and Recreation Commission approved and recommended to the Board of Directors the name "Rawhide Park" for this park site. At the January 12, 1993 Board of Directors meeting, the Board referred the naming of the park site on Pala Road back to the Parks and Recreation Commission for further consideration. At the February 8, 1993 Parks and Recreation Commission "meeting, the Commission considered 25 potential names 'for this site. After considerable discussion, the Commission recommended the following name for this park site: 1. PECHANGA PARK According to the existing policy, the Board of Directors may approve this recommended name or consider any other name desired. However, if this name is not selected, the Board may refer this item back to the Parks and Recreation Commission for further consideration. FISCAL IMPACT: None. Attachments: Parks and Recreation Commission Agenda Report Resolution No. CSD 92-08: Naming Parks and Recreation Facilities TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SH.AWN D. NELSON~c:::~ FEBRUARY 8, 1993 NAMING OF THE PARK SITE ON PALA ROAD RECOMMENDATION: That the Parks and Recreation Commission: Consider, and if desired, approve a name for the park site on Pala Road to be forwarded to the Board of Directors for consideration. DISCUSSION: The park site on Pala Road is an approximate 28.6 acre community park located north of Pala Road and west of Loma Linda Drive. On November 9, 1992, the Parks and Recreation Commission approved and recommended to the Board of Directors the following name for this park site: 1. RAWHIDE PARK Further, at the December 8, 1992 Parks and Recreation Commission meeting, the Commission recommended that if the Board of Directors did not select the name "RAWHIDE PARK" for this .site, the item be referred back to the commission so another name could be forwarded to the Board for consideration. At the January 12, 1993 Board of Directors meeting, the Board referred the naming of the park site on 'Pala Road back to the' Parks and Recreation Commission for further consideration. The Board recommended. that staff investigate methods of involving more public input in the process. Since the January 12, 1993, staff had received several recommendations from members in the community regarding possible names for this park site. The following is a listing of the names that staff has received to date: 1. Palomino Park 2. Cutting Horse Park 3. Wild Horse Park 4. Bronco Park 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 25. Cattle Drive Park Vaqueros Park Stagecoach Park Wagon Wheel Park Fort Temecula Park Old West Park Rodeo Ranch Park Pechanga Park Indian Park Eagle Park Eagle Ranch Park Vineyard Park Granite Park Wolfe Valley Park Bear Mountain Park Rainbow Canyon Park Ponderosa Park Recreation Park Earle Stanley Gardner Park Karel Lindemans Park Vail Ranch Park The Commission may consider the above names or any other name desired for this park site. RESOLUTION NO'. CSD 92-08 A RESOLUTION OF THE BOARD OF-DIRECTORS OF THE TENIECULA COMiVIUNITY SERVICES DISTRICT ADOPTING A POLICY-FOR NANlING PARF~ AND RECREATION FACILITIES ~, on April 23, 1991, the Board of Directors (the 'Board') adopted a policy for naming parks. and recreation facilities; and '- ~RAS, the Communi~ Services Disuict and .the Parks and Recreation Commission re~luests that the aforemenfi6ned policy be adop~,xi by resolution; NOW, TIt~-RRFORE, ~ BOARD OF DIRECTORS OF TIlE TENIECULA COMiVILrNITY SERVICES DISTRICT DOES IIEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and re. creation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald I. Parks, President ATTEST: "Greek, City Resos CSD 92-08 STATE OF CALIFORNIA) 'COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk 'of the City ofTemecula, lq~REBY DO CERTIFY that the foregoing Resolution. No. CSD 92-08 was duly adopted at a regu]ar. meeting of the City Council of the City of Temecula on 'the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Birdsall, Moore, Lindemans: Mufioz Parks, NOES: 0 DIRECTORS: None ABSENT: 0' DIRECTORS: None Resos CSD 92-08 TEh F-CULA COhe IrNTTY SERVICES .DISTPJCT Naming Parks and Recreation Facilities PURPOSE To establish a 'unifOrm policy .and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. .Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and. community building will be designazed' a. name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum zo avoid confusion. No park shall be given a name which migh~ be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is loca~ed. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park sha!!,'be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, 'or has 'been an outstanding long-time community leader who has supported open .space and recreational ac=iVizies. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY Depa_""'~ment Parks and .Recreation .CommissiOn Department ACnO Acquires a .new park or recreation facility. Solicits possible'names from community'. Forwards Suggested names'to'the Parks and Recreation Commission for consideration. Receives any.additional community input. selects a name for the new park or recreation facility, Forwards name ratification, to City Council for Installs the appropriate naming sign or plaque, . 0 0 0 DEPARTMENTAL REPORT CITY OF TEMECULA AGENDA REPORT TO: FROM: BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER DATE: MARCH 23, 1993 SUBJECT: DEPARTMENTAL REPORT PREPARED BY: ~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR Construction documents are now underway for the 28 acre park site located on Pala Road. It is expected that this project will be bid in the next three months and construction will begin in July, 1993. The Parks and Recreation Master Plan was reviewed and approved by the Planning Commission on February 22, 1993. It will be forwarded to the City Council for final approval after the General Plan has been adopted. The Parks and Recreation Master Plan was reviewed by the Parks and Recreation Commission on November 9, 1992, and was unanimously approved. Construction to install new ballfield fencing on the North and South fields in Sports Park is in progress. This project is 'required to improve the safety of the youth and adults that participate on these fields, and it will be completed by the end of March, 1993. Staff is currently working with the Parks and Recreation Commission to consider establishing a skateboarding area within an existing city park. Once a course of action is prepare, it will be forwarded to the Board of Directors. Also, staff is working with the Commission to revise the smoking ordinance as it relates to city park facilities. Improvements to the Loma Linda Park Site are progressing, and the concrete walking paths and tot lots are installed. Irrigation improvements are nearly completed and landscaping improvements will begin by mid-March if weather permits. This park is scheduled to be completed by the end of April, 1993. Parks in both the Paloma Del Sol development (9 acres) and the Presley development (9 acres) are scheduled to be completed by June' 30, '1992. The~e' parks were conditioned by staff to meet a portion of the Quimby requirements of their respective developments. The Senior Center is under construction, and staff is still in the process of completing the lease of the California Department of Forestry (CDF) property adjacent to the Senior Center. If weather permits, Phase I'of the Community' Recreation Center (CRC) Project will be completed by mid-March, 1993. It is planned that Phase II (actual construction of the CRC) will begin towards the end of March, 1993. .T.EMECULA REDEVELOPMENT AGENCY ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY - HELD MARCH 9, 1993 A regular meeting of the Temecula Redevelopment Agency was called to order at 8:26 PM. PRESENT: 4 AGENCY MEMBERS: Mur'toz, Roberrs, Stone, Parks ABSENT: I AGENCY MEMBERS: Birdsall · :. Also present were Executive Director David F. Dixon, General Counsel Scott F. Field and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS It was moved by Member Stone, seconded by Member Mu~oz to approve staff recommendation as follows: 1. Minutes 1.1 Approve the minutes of February 9, 1993; 1.2 Approve the minutes of February 23, 1993. The motion was unanimously carried, with Member Birdsall absent. EXECUTIVE' DIRECTOR'S REPORT Executive Director Dixon reported on the meeting of the Old To~Nn Redevelopment Advisory Commfftee. Mr. Dixon advised that the Committee asked to form a sub-committee to discuss projects to be funded in Old Town, i.e. repayment for purchase of 6th Street Property, the reimbursement of the purchase of the land at Sam Hicks Park, the contribution of the Senior Center, etc. He reiterated that RDA funds must benefit the entire redevelopment area and not just Old Town. He stated the Committee's recommendations will be brought back before the Agency for consideration. Mr. Dixon stated the City has closed on the bonds and the proceeds from this issue will be $15,500,000.00. He reported staff has started to revise the list of projects that will be brought before the Agency for consideration and direction. He also explained projects needing acceleration, i.e. the East Side Fire Station and Overland Crossing will be addressed, as well as the possibility of adding a permanent City Office facility. He explained this July will mark the second full year that City Hall has been in its current location, having one year remaining ~- RDAMIN\030993 -1- 03116/93 Temecula Redevelopment Agency Minutes March 09. 1993 on the lease. He stated it may be possible to purchase a building or apply innovative mothods to acquire space in a timely and economical way. GENERAL COUNSEL'S REPORT None given. AGENCY MEMBERS REPORTS " " Chairman Parks asked that a time be set to look at specific projects. Executive Director Dixon reported that will be brought back at least in four weeks. ADJOURNMENT It was moved by Member Roberrs, seconded by Member Stone to adjourn at 8:36 PM, to a meeting on March 23, 1993, Temecula Community Center, 28816 Pujol Street, Temecula, CA. Ronald J. Parks, Chairperson ATTEST: June S. Greek, City Clerk/Agency Secretary RDAMIN~030993 -2- 03/16/93 ITEM NO'. 2 APPROVAL AGENCY ATTORNEY ~ FINANCE OFFICER EXECUTIVE DIRECTOR CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Agency Board/Executive Director Harwood T. Edvalson, Assistant City Manger///~· March 23, 1993 THE ERA LABOR FORCE STUDY RECOMMENDATION: That the Agency Board authorize the Executive Director to finalize negotiations and sign a contract with Economics Research Associates(ERA) to provide a labor force study for the City of Temecula in an amount not to exceed $16,500.00. BACKGROUND: The City of Temecula has entered into a successful marketing campaign aimed at attracting high-tech medical device and electronics industries. One type of information typically sought by companies considering relocation is the area's labor force, e.g., whether education, training, and numbers of employees match the required employee profile, 'etc. The City of Temecula currently lacks data specific to the City and its sphere. The ERA labor force study will provide the City of Temecula with specific information about the demographics of its work force, including the number of commuters, the commute distance, and destinations. Additional information would include who our commuting citizens work for, and degree of willingness to relocate their work place to or accept equivalent employment if it can be attracted to Temecula. Data will be extracted from census and other published sources, telephone surveys, and resident-mailed surveys. Working for a reduction in cost based upon a joint RFP between the Cities of Temecula and Murrieta, the following proposals were received: : . : Consultants Economics Research AssoCiates/ Opinion Research Chabin Concepts,Inc./ EConomic Strategies Group' Applied Development Economics, Inc. Alfred Gobar Associates/ Research Network, Ltd. The Meyers Group Co~ Ranae 828,875 to $42,615 36, 60 to ,'ss,oo.o. $47,900 $49,500 $53,500 Interviews were conducted with ERA, Chabin and Gobar. Based upon the submitted proposals and interviews, staff recommends ERA/Opinion Research to conduct the study; FISCAL IMPACT: Based upon the desired scope of services and cost-sharing with the City of Murrieta, the Temecula portion of the contract is $16,500. In addition, the Agency will incur an approximate cost of $3,000 for the postage/printing associated with the mailed survey. Total cost of the study is not to exceed $20,000. Funds for this. study are available in the FY 1992-93 Agency Budget. LABOR FORCE STUDY SCOPE OF WORK The scope of work to be accomplished over 10 weeks would include the following tasks: Task 1: 'Compile demographic and labor force data for the Cities of Temecula and Murrieta and their surrounding areas of influence. The primary source :for this inf. o~mation WOuld be the 1990· Census of Population Special Tape File 3. ':. Population and'. household levels will be made current with data from California State Department of Finance records. The information compiled for this Task will indicate the size and" diversity of the area's labor force as well as indicate current levels of commuters working outside the area. Additionally, comparisons will be drawn with other.major labor markets areas within Southern California in order to assess the competitiveness of the Murrieta/Temecula market. ' Task 2: Task 3: A statistically significant sample of the resident labor force will be surveyed by phone in order to test the validity of the secondary Census data compiled in Task 1. Additional data on commuting patterns and job satisfaction will also be determined at this time. Sample size is 300 responses per City. A survey of all residents of each City will also be conducted by mail. This data will also assess labor force and employee commuting patterns. ~PPROVAL CITY OF TEMECULA .A GENDA REPORT TO: City Council FROM: David F. Dixon DATE: March 23, 1993 SUBJECT: WaI-Mart RECOMMENDATION: Included in the staff report which follows, I have outlined the WaI-Mart financial incentive structure. Due to the efforts of the City Council and their concern, the incentive package has been reduced ~ubstantially. The Wal-Mart store complex will become an integral part of the retail community in the city and, therefore, ! am recommending that the City Council consider the attached incentive program which calls for a waiver of fees totaling approximately $133,000, a net cash incentive for the payment of fees to other jurisdictions in the amount of $62,000, and finally the acceptance of long term debt services on A.D. 161 totaling a maximum of $167,000. It is also recommended that the City Council direct the City Attorney to prepare the ' necessary and appropriate documents. ST~AFF REPORT: For more than a year ! have had discussions with Kernper Real Estate Management Company/Bedford Corporation to structure a deal which would facilitate WaI-Mart's location of a 125,000 square foot store in the city of Temecula. The proposed store would be on the southeast corner of Winchester and Ynez across from Palm Plaza. The store and parking area would occupy 13 acres and would be the anchor for a major retail/commercial facility. My initial discussions started in December 1991, at which time WaI-Mart indicated a desire to construct a retail facility comprising 125,000 square feet with ultimate expansion to 150,000 square feet. They anticipated sales tax generation from the Wai-Mart store to be $350,000 per year. They also indicated that upon completion of the project, approximately 200-250 permanent full-time and part-time jobs would be created and that during construction approximately 150 workers would be employed in the project which would take approximately 12 months to complete. Agenda Report: Page 2 Wal-Mart The initial .request from WaI-Mart totaled approximately $1.5 million and covered a period of approximately 20 years. During the course of the next 5 months, a number of meetings were held and their original proposal was modified. The City presented a counteroffer to Wal-Mart in May which has been discussed over the past few weeks as the "Wai-Mart deal." The deal anticipated a sales tax reimbursement program and the installation of 2 traffic signals. Shortly after my counterproposal of May 1992, negotiations broke off for a number of reasons outside the control of the City. The issue of Wai-Mart coming to Temecula was set aside and not discussed until their desire to locate in Temecula was once again brought to my office. The renewed discussions started in December 1992 and have continued to the present. The Wal-Mart transaction has evolved through discussions and ongoing negotiations. The current proposal is outlined below. The WaI-Mart financial incentive is structured with waiver of fees, initial cash incentives, and potential debt exposure. The waiver of fees include permits and inspections, development impact fees, and signal mitigation fees totaling $133,000. The initial cash incentives include the following: K-Rat fees, fire mitigation, flood mitigation, and current A.D. 161 debt service which totals ~152,000. Finally, the potentiai debt exposure is $167,000 which is future bond redemptions for A.D. 1 61. We have also received a commitment for a contribution of $90,000 from Kemper Real Estate Management Company. Therefore, to recap, the waiver of fees and charges total 133,000, the initial cash incentive (minus the contribution from Kernper) is $62,000, and the potentialdebt exposure is $167,000. It should also be noted that the City will be initiating the installation of the traffiC: signals and traffic signal modifications necessary for this project. and will be reimbursed by the development on this project for the traffic signal expenses. Although the incentive structure is threefold, the I~itial cash incentives necessary to make the deal work are approximately $62,000 with a potential obligation for debt of another $167,000 totaling $229,000. Notwithstanding the above, if we were to add the waiverof fees to the initial cash incentive and debt exposure the total is $362,000. Another way to look at the incentive to Wai-Mart is to consider the first twelve months' obligations, the waiver of fees ($133,000) and the initial cash incentive (62,000) totaling ~195,000. Again, it is projected that the store in its first year of operation would generate $350,000 in sales tax to the City of Temecula. Using the most conservative approach with the understanding that a portion of their gross sales tax would be shared with CFD 88-12 and a portion of their gross taxable sales would be a transfer from other stores, I still anticipate that not less than ,~175,000 in sales tax will be new sales tax to the area. Therefore, it is anticipated that within the first 12 months Agenda Report: Page 3 WaI-Mart the City could recoup almost all of the hard cash incentives associated with the current waivers and cash incentives and only the long term debt on A.D. 1 61 would be outstanding. 'We estimate that the long term debt service on A.D. 161 Will not materialize for several years. FINANCIAL IMPACT: ESTIMATED REVENUE: Gross Annual Sales Tax (New Sales Tax to the Area: 50%) $350,0OO $175,OOO ESTIMATED EXPENSES: * Waiver of City Fees * Fees to Other Agencies Less Contribution $152,000 - $90,000 33,0OO ~62,000 * *Potential Debt Service $167,000 TOTAL $362,000 * One Time Contribution * *Payment in Future