2022/09/28 Kaiser Foundation Health Plan Grading and Erosion Control Projects GP20-034AGREEMENT
FOR GRADING AND EROSION CONTROL PROJEGTS
GP20-034
This Agreement, made and entered into by and between the City of Menifee, State of
California, herein called City, and Kaiser Foundation Health Plan, hereinafter called Developer.
WITT.IESSETH
FIRST: Developer, for and in consideration of the approval of a grading plan and the
issuance of a grading permit on that certain land division known as GP20-034, agrees, at
Developer's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete, and within 24 months from the date this agreement is executed, to perform
and complete in a good and workmanlike manner, said grading in accordance with the grading
plans for the development of said land division which have been approved by the, Public Works
Director i City Engineer, and are on file in the City, and do all work incidental thereto in accordance
with the standards set forth in City-adopted ordinances, which are expressly made a part of this
agreement. All of the above required work shall be done under the inspection of and to the
satisfaction of the Fublic Works Director / City Engineer and shall not be deemed complete until
approval of the grading project is made by the Public Works Directori City Engineer. -Ihe estimated
cost of said work is the sum of Forth_9lefhg_qsand and no/100 Dollars $ 41.000.00 which
covers Elrough grading only, E precise (fine)grading only, tr both rough and precise (fine) grading.
SECOND: Developer agrees to pay to the City the actual cost of such inspections of the work
as may be required by the Public Works Oirector 1 City Engineer. Landowner further agrees that if
suit is brought upon this agreement o!' any security guaranteeing the completion of the work, all
costs and reasonable expenses and fees incurred by the City in successfully enforcing such
obligations shall be paid by Developer, including reasonable attorney's fees, and that upon entry of
judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
l"lliRD: City shall not nor shall any officer or employee of City, be liable or responsible for
any accident, loss or damage happening or occurring to the works specified in this agreement prior
to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for
any persons or property injured by reason of the acts or omissions of Developer, his agents or
employees in the performance of the work, and all of said liabilities are assumed by Developer.
Developer agrees to protect, defend and hold harmless City and the officers and employees thereof
from all loss, liability or claim because of, or arising out of the acts or omissions of Developer, his
agents and employees, in the performance of this agreement, orarising outof the use of any patent
or patented article in the performance of this agreement.
FOURTH: The Developer hereby grants to the City, and to any agent or employee of the City,
the irrevocable permission to enter, upon the lands of the above referenced land division for the
purpose of inspecting or completing the grading project. This permission shall terminate in the
event that Developer has completed the work within the time specified or any extension thereof
granted by the Public Works Director / City Engineer.
FIFTH: Developer agrees at alltimes, up to the completion and approval of the work by the
Public Works Director / City Engineer, to give good and adequate warning to the traveling public of
each and every dangerous condition caused by the grading project, and to protect the traveling
public from such defective or dangerous conditions.
SIXTH: The Developer, or his agents and employees shall give notice to the Public Works
Director / City Engineer at least 48 hours before beginning any work and shall furnish to the Public
Works Director / City Engineer all reasonable facilities for obtaining full information respecting the
progress and manner of work.
SEVENTH: lf the Developer, or his agents or employees, neglects, refuses, or fails to prosecute
the work with such diligence as to insure its completion within the specified time, or within such
extensions of time as have been granted by the Public Works Director / City Engineer, or if the
Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the
plans and specifications, he shall be in default of this agreement. The Public Works Director / City
Engineer shall have the power to terminate all rights of the Developer because of such default. The
determination of the Public Works Director / City Engineer of the question as to whether any of the
terms of this agreement or the plans and specifications have been violated or have not been
performed satisfactorily shall be conclusive upon the Developer, and any and all parties who may
have any interest in the agreement or any portion thereof. The foregoing provisions of this section
shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Developer agrees to file with City priorto the date this agreement is executed a
good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section
66499 of the Government Code in any amournt not less than the estimated cost of the work for the
faithful performance of the terms and conditions of this agreement, except that when the estimated
cost of said work is $2,500 or less, the security shall be a deposit of cash or its equivalent as
determined acceptable by the Public Works Director / City Engineer. Developer further agrees that
if in the opinion of the Public Works Director / City Engineer the security becomes insufficient,
Landowner agrees to renew each and every secr.rrity with good and sufficient sureties or increase
the amount of the security, within ten days after being notified by the Public Works Director / City
Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if Developer fails to take such action as is necessary to
comply with said notice, he shall be in default of this agreement unless all required works completed
within 90 days of the date on which the Public Works Director / City Engineer notifies the Developer
of the insufficiency of the sureties or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety orsureties
on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in
the event it is deemed necessary to extend the time of completion of the work contemplated to be
done under this agreement, extensions of time may be granted from time to time by the Public
Works Director/ City Engineer either at his own option or upon request of the Developer, and such
extensions shall in no way affect the validity of this agreement or release the surety or sureties on
said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of
any instruments or letters of credit in full force and effect during the terms of this agreement,
including any extensions of time as may be granted thereon.
TENTH: Upon the satisfactory completion and final approval of said work by the Public Works
Director / City Engineer,$ 20..00 of the security applicable thereto shall be released or
returned by the City to the Developer within 30 days. Of the remaining $21.000.00 security (for
Erosion Control) shall be retained. The remainder security shall be held until the California Water
Quality Control Board issues a Notice of Termination.
ELEVENTH: This agreement shall be binding upon the Developer and his heirs, executors,
administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: lt is understood and agreed by the parties hereto that if any part, term or provision of
this agreement is determined by the Courts to be unlawful and void, the validity of the remaining
portions shall not be affected and the rights and obligations of the parties shall be construed and
enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
No waiver of any term or condition of this agreement shall be continuing waiver thereof.
THIRTEENTH: The grading operation will conform to the contract documents and City-adopted
ordinances. Any conflict or discrepancy between the drawings and the City-adopted ordinances
shall be brought to the attention of the Public Works Director/ City Engineer, who will issue a ruling.
FOURTEENTH: The grading operation shall obtain a Construction GeneralPermitfrom the State of
California Regional Water Quality Control Board and conform to all requirements. This permit shall
override any conflicting requirements in the City-adopted ordinances.
FIFTEENTH: The Developer shall provide geotechnical quality control of the grading operation in
accordance with City-adopted ordinances. The geotechnical quality control will be under the
supervision of a registered geotechnical engineer in the State of California.
SIXTEENTH: 'Ihe City may elect to perform geotechnical quality assurance of the grading
operation, which will be compensated as provided in the SECOND paragraph.
SEVENTEENTH: The Developer agrees to gi"ant free access to the Public Works Directon / City
Engineer, his staff and consultants to perforrn inspections and quality assurance sampling and
tests.
EIGHTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement
shall be served on the other party by mail, postage prepaid, at the addresses listed below.
NIINETEENTH: This agreement contains the entire agreement of the parties as to the matters set
forth herein. No waiver of any term or condition of this Agreement shall be continuing waiver
thereof.
CITY
City of Menifee
29844 Haun Road
Menifee, CA 92586
@lgper
Kaiser Foundation Health Plan
27300lris Avenue - NFS Trailers
Moreno Valley, CA 92555
IN WITNESS WHEREOF, LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL
Dated 2020
By
By
Dated:2020 CITY OF MENIFEE
Y,Macalalad, PE, QSD
ngrneer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECI.JTED IN TRIPLICATE
See attached
By:
\tM Cm;A
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside )
On ,2020 before me,(,@rY{Wnttn , Notary Public
(insert name and title of the officer)
personally appeared Enl+ r . Drant
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal
Signature (Seal)
V. fERMXD€Zcorx. ,22rttlt
ilOTARY PUBUC. CALIFORNIA
RIVERSIOE COUiITY
tY cotx. ExP. FEB. lgti,2013