2021/09/22 FPG Sun Menifee 80, LLC TR36803 GP21-016 GradingAGREEMENT
FOR GRADING AND EROSION CONTROL PROJECTS
GP21-016
This Agreement, made and entered into by and between the City of Menifee, State of
California, herein called City, and FPG Sun Menifee 80 LLC, hereinafter called Developer.
WITNESSETH
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 Tract Mao 36803.agrees, at
Developer's own cost and expense, to furnish all labor, equipment, and material necessary to
perform and complete, and within Z! 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 / 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. At its sole discretion, City may extend the period of time for completion of the work by
providing written notice to Developer of said extension. To be effective such notice must be
provided by the Public Works Director / City Engineer. Such notice may be provided as specified in
Section Nineleenth or via electronic mail to Developer at rqrexton(Alvoodbridoeoacific.com. All of
the above required work shall be done under the inspection of and to the satisfaction of the Public
Works Director / City Engineer and shall not be deemed complete until approval of the grading
project is made by the Public Works Director / City Engineer. The estimated cost of said work is the
sum of Five Hundred Sixtv Dollars $561.000.00 which covers
Elrough grading only, E precise (fine) grading on!, n both rough and precise (fine) grading. The
specific required security is shown in the attached Exhibit A "Construction Cost Worksheet," and is
hereby incorporated.
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 Director / City Engineer. Developer further agrees that if
suit is brought upon this Agreement or 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.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for
any accident, loss, injury, or damage happening or occurring to the works specified in this
Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee
thereof, be liable for any persons or property injured or damage by reason of the nature ofthe work,
or by reason of the acts or omissions of Developer, its agents or employees, in the performance of
the work, and all or said liabilities are assumed by Developer- Developer shall defend, indemnify,
and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any
and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of
any federal, state, or local government body or agency, arising out of or incident to any acts,
omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the work
contemplated under this Agreement, or performance of this Agreement- This indemnification
includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees,
attorneys'fees, and related costs or expenses, and the reimbursement of City, rts elected officials,
officers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each ofthem. This indemnification excludes only such portion of any claim, demand, cause of action,
liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death,
which is caused by the negligence or willful misconduct of City as determined by a court or
administration body of competent jurisdrction. Developer's obligation to indemnify shall survive the
expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any,
received by City, its elected officials, officers, employees, agents, or volunteers.
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 thepurpose 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. Under such circumstances, Developer shall
be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and
litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the work
contemplated by this Agreement is completed. Developer shall remit such Completion Costs to the
City no more than thirty (30) days of the date that the City notifies Developer of such Completion
Costs. Failure to remit the Completion Costs in a timely matter shall result in the City having the
right to invoke any remedy provided by law including the encumbrance of the any property owned
by Developer in the amount equal to any unpaid Completion Costs.
FIFTH: Developer agrees at all times, 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 condilion caused by the grading project, and to protect the traveling
public from such defective or dangerous conditions in compliance with State law regulations and
standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory
signs or signals, barriers, or detours.
SIXTH: 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 ensure 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, but
said termination shall not affect or terminate any rights of City as against Developer or any surety
then existing or which thereafter accrue because of such default. The determination of the Public
Works Director / Clty 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, any surety, 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 or under this Agreement. The failure of the
Developer to commence or complete construction shall not relieve the Developer or surety from
completion of the work required by this Agreement.
EIGHTH: The Developer agrees to file with City prior to 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 amount 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 thalif in the opinion of the Public Works Director / City Engineer the security becomes insufficient,
Developer agrees to renew each and every security 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 ne@ssary 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.
N INTH: lt is further agreed by and between the parties hereto, including the surety or sureties
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. Developer 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, $ 384.000.00 of the security applicable thereto shall be released or
returned by the City to the Developer within 30 days. Of the remaining s 85,s00.00 security (for
Erosion Control) shall be retained. The remainder security shall be held until the Calffornia Water
Quality Control Board issues a Notice of Termination.
ELEVENTH: This Agreement shall be binding upon the Developer and his heirs, executors,
administrators, successors orassigns, all and each both jointly and severally. This Section shall not
be construed as an authorization for any party to assign any right or obligation.
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 General Permitfrom 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 Developershall 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: The 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 grant free access to the Public Works Director / City
Engineer, his staff and consultants to perform inspections and quality assurance sampling and
tests.
EIGHTEENTH: Any nolice 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.
EIv Developer
City of Menifee
29844 Haun Road
Menifee, CA 92586
FPG Sun Menifee 80 LLC
27271 Las Ramblas, Suite 100
Mission Vie.io, CA 92601
NINETEENTH: 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.
TWENTIETH: ln any action or proceeding arising out of this Agreement, or the transactions
contemplated hereby, the prevailing party therein shall be entitled to recover from the other party
thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and
other expenses incurred by the prevailing party in connectron therewith, at trial and all appellate
proceedings.
TWENTY-FIRST: Developer shall not assign, hypothecate, or transfer, either directly or by
operation of law, this Agreemenl or any interest herein without prior written consenl of City. Any
attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire
no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless
specifically stated to the contrary in City's written consent, any assignment, hypothecation, or
transfer shall not release or discharge Developer from any duty or responsibility under this
Agreement. ln the event that City consents in writing to such an assignment, any assignee,
hypothecate, ortransferee shall expressly assume Developer's obligations hereunder by a written
agreement in a form, and containing such surety, as is reasonably acceptable to City. Any
agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall
include provisions requiring the assignee to post bonds or submit another form offinancial security,
satisfactory to City and approved by the City Attomey, to guarantee construction of the work
covered by this Agreement.
TWENTY-SECOND: This Agreement may be executed by the parties in counterparts, which
counterparts shall be construed together and have the same effecl as if all of the parties had
executed the same instruments.
TWENTY-THIRD: This Agreement is to be governed by the laws of the State of California
IN WITNESS WHEREOF, DEVELOPER HAS AFFIXED HIS NAME, ADDRESS AND SEAL,
Dated: .ir.-t --rrr-- )\ , ZOZ1
By:
u
Authorized
By:
Dated /*'.20211 CITY OF MENIFEE
By tll:,lh
Daniel Padilla, City Engineer
SIGNATURES OF OWNER MUST BE AKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
State of Michigan
County of Oakland SS
l, Carol A. Thomas, Notary, attest that Bill Raffoul, Autho
Menifee 80 LLC personally known to me appeared befo
,2021
aro Thomas (Notary)
My commission expires on Mav 4. 2025
State of Michigan, Oakland County acting in
rized Representative of FPG Sun
re me on the Al* of
CAROI. A, THCI'AS
NOTAR' Pu8trc. STATE OF MI
COJNIY OF OAKLANO
t1Y CoMMISSiotI EXPIRES M.y 4, 2025
AoING tN couNry 0F AO+t_-_4
\j
PARCEL MAP OR TRACT MAP NO.
CITY OF SENIFEE ENGINEERING DEPART ENT
CONSTRUCTION COST WORXSHEET
FOR ON.SITE GRAOIiIG, DRAINAGE AND }IPDES
36E03 9127 t2021DATE:
GP:
FAITHFUL PERFORMANCE
SECURITY
MATERIAL & LABOR
SECURITY
Grading
Or!inago
Erosion Control
WOMP
Sgcurity Totrl
Eroslon Control C.sh Bond (25%l
Wrrranty Rotontlon (1 0%)
2t,500.00
51,2s0.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
41.325.12 21,000.00 10,500.00
362,918.40
114,150.00
43,110.00
85,500.00
43.000.00
181,500.00
42,750.00
2't.500.00
363,000.00
561,503.52 512,500.00 256,250.00
DESIGN ENGINEER'S CALCULANON OF IMPROVEMENT BONDING COSTS
Constructlon ltoms and their quantitiea, at shown on tho attached work!hoot!, !rc accurato tor tho conatructlon
ot tho improvgment! roqulrod or implled to fulmll tho Condition! ot Approvll for thlt pioiect .og.rdlng o'l-3lto
grading, dr.ln.ge .nd IPDES. Tho mrthm.tlcal oxtenllon!, ualng tho City of M6neta!'a Unlt Coata, .ro .ccu[te
,or detolmlnlng fos3.
NOTE: "Tha amount of the security shall be equal to 50% of the total estimated cost ol the work authorared by the
GradinS Permit, plus 100% ol the total estimated cost of the erosion aont.ol rystem(s) required by the Erosion Control
Plan. The permitlee's estimete of the aost shall be based on the ertablished unit coits available {.om the City and ghall
be subject to the review and approval by the City Engineer/Publi( Workr oirector. At le.!l 25% of the required arolion
control recurity, and not lesi than 55000, shall be in cash and rhall be depotited with the Clty Engineer/Public Works
Diredor." (GradinS Ordinan(e 8.26.120 "Securitv").
o91o712021
Signature
RICHARD REAVES
Dale
80614 03t31123
Name Typed or printed RCE#
Civil Enginee/s Stamp
.- PLEASE READ INSTRUCTIONS BELOW -
2. Show Performance Bond Amounts to the nearest 5500.00. Material and Labor Bond Amounls are 50%
ot Performance Bond Amountss. "'100% for Flood Controlitems.
1 . Ouantities are to be laken from the Grading Plam. Unit cost are to be a8 provided on
"City of Menifee lmprovement Requirement Worksheel."
3. For Construclion items not covered by ''fhe City of Menifee lmprovement Requirements worksheel",
Design Engineer is to provide his opinion of conslruction cosl and use that cost. lf City ot Menifee
Unit Cosb Bre determined to be too low, in the opinion ofthe design engineer, the higher cosls as
provided by the Design Engineer should be used.
Exhibir A
IMPROVEMENTS
$
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
ON-sITE GRAOING
lTEN,l OUANTITY UNIT UNIT
COST
AMOUNT
SITE EXCAVATION cul (c) =57,396
Fill (0 =57,396 c.Y
lf balance, provide (a.) only, either cul or fill
lf exporl, provide (a.)&(b.) a = fill, b = cut -
fill. lf import, provide (a)&(c), a = cul, c = fill -
cut (Unit costs for (a),(b), & (c) are 20% of
actual costs to assure that work will be
corrected to elaminate hazardous
conditions.)
(a.) Excavate and Fill 57,396 0.60c.Y. $34,437.60$
(b.) Excavate and Export 1.'10c.Y. $0.00$
2.80c.Y. $0.00$(c.) lmporl and Fill
Subtotal 34,437.60
B.Administrative Contingency (20% x A)6,887.52$
C Grading Total (A + B)41,325.12$
I
----r-----t--
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
ON€ITE DRAINAGE
lnlet Type lX or X
Junction Structure No. 1
EA,
EA,
ITEM OUANTITY UNIT UNIT
COST
AMOUNT
DRAINAGE
Concrete Bulkhead
Slope Anchors for Pipes
Cut Ofi Wall ( Sld 2' )
200.00
300.00
$0.00
$0.00
$0.00C,Y $400.00
$500.00A. C. Overside Drain
Under Sidewalk Drain Std 309
EA $0.00
$0.00EA$2,000.00
Flat Outlet Drainage Struclure Std 303 EA $2,000.00 $0.00
$0.00Curb Outlet Drainage Structure Std 308 EA $2,000.00
Terrace Drain & Down Drain S,F
S.F.
c.Y.
$6.50 $0.00
lnterceptor Drain
R.C. Box Culvert
$
$
6.50
400.00
$200.00
$0.00
0.00$
$0.00Concrete Channel c.Y
Rip Rap ( 1/4 Ton ) irethob B c.Y $80.00 $0.00
$0.00Rip Rap ('ll2 Ton )Methob B c.Y.
c.Y
C,Y
c.Y
c.Y
c.Y
L.F
646
720
L-F
L. F.
L.F.
$90.00
Rip Rap ( 'l Ton ) Method B
Rip Rap ( 2 Ton ) Method B
$100.00 $0.00
$0.00
$0.00
S 0.00
$0.00
$0.00
$0.00
$110.00
Grouted Rip Rap ( 1/4 Ton ) Method B $60.00
$67.00
$75.00
$80.00
$1 13.00
Grouted Rip Rap ( 1/2 Ton ) Method B
Grouted Rip Rap ( 1 Ton ) Method B
Clrouted Rip Rap ( 2 Ton ) Method B
18' R.C.P. round, arch or elliptical
24" R.C.P. round, arch or elliptical $132.00
$153.00
$85.272.00
$0.0030" R.C.P. round, arch or elliptical
36" R.C.P. round, arch or elliplical $'!78.00 $128.160.00
0.00
0.00
0.00
0.00
42" R.C.P. round, arch or elliptical $204.00
48" R.C.P. round, arch or elliplical $235.00
54' R.C. P. Or &" x 43" RCPA
60' R.C. P. Or 71" x 47" RCPA
$
$
130.00
150.00
$40.00
$50 00
18" C.S.P. or HDPE N12 L,F $0.00
24" C.S.P. or HDPE N12 L.F $0.00
$0.0030" C.S.P. or HDPE N12 L.F $60.00
$70.0036' C.S.P. or HDPE N12
42" C.S.P. or HDPE N12
48" C.S.P. or HDPE N'12
L, F,$0.00
L, F,$80.00 $0.00
L, F,$100.00 $0.00
54' C.S.P. HDPE Or Equal
60" C.S.P. HDPE Or Equal
L,F $110.00 $0.00
L.F $'120.00 $0.00
Catch Basin W=4'
Catch Basin W=7'
Catch Basin W=14'
EA $2.500.00 $0.00
2 EA $4,000.00 $8,000.00
EA $7,500.00 $15,000.00
$22,000.00Oatch Basin W=2'1'EA,
EA,
$1 1,000.00
Catch Basin W=28'$14.500.00 $0.00
EA,
EA,
$0.00
$0.00
1 4.500.00
5.000.00
$
$
$
$
4,500.00
0.00
Junction Structure No. 2
Junction Structure No. 6
EA. $I EA la
+
I L.F.
LF
L.F.
L.F.
I
2
2sooooJt
3,5oo.ool$
Transition Structure No. 1 EA,12,500.00$0.00$
Transition Structure No. 2 EA.'12,500.00$0.00$
Transition Struclure No. 3 1 EA,4,500.00$4,500.00$
Manhole No. 1 3 EA,5,000.00$15,000.00$
tulanhole No. 2 EA.6,500.00$0.00$
Manhole No. 3 EA.2,700.00$0.00$
Manhole No. 4 2 EA.6,500.00 13,000.00$
Structural Reinforcement Concrete c.Y 400.00$0.00$
Headwall for 36" or smaller storm drain 3.500.00$7,000.00$
Movilization (if Subtotal is less than 920,0(10.000.00$0.00$
S ubtotal 302,432.00$
Administrative Contingency (20% x A)60,486.40$
Drainage Total (A + B)362,918.40$
I
l
I TEA
lalelc.
CITY OF N4ENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
EROSION AND SEOIMENT CONTROL
OUANTITY UNIT UNIT
COST
AIT4OUNT
3,600.00
4't2.00
$
$
39,528.00
10,127.O0
41 ,458.00$
Stabilized Construction Entrance
Hydroseeding / Hydromulch
Straw / Coconut Fiber l\4ats
Gravel Bags
Silt Fence
Fiber Rolls
1.75
EA,$
EA $
$S.F
L.F, $
L,F, $
S.F. $0.50
8.00
3.25
0.00$
10.50EA. $0.00$Hay Bales
Desilting Basins (per acre of drainage)1,236.00AC. $0.00$
$$
$0.00
0.00
$
$
$
$
0.00$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$
$
0.00
0.00$
$
$
$
$
0.00
0.00
Subtotal 95,'t 25.00$
B Administrative Contingency (20% x A)'t9,025.00$
c Streets/Drainage Total (A + B)ffi$
ITEM
l 2
103
4,%1
3,1 16
82,916
0
0
1,800.00 $
4.ool$l
l
L
l
$
$
l
CITY OF I\4ENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
WATER QUALITY MANAGEMENT PLAN (WAMP)
ITEM QUANTITY UNIT UNIT
COST
AMOUNT
Conventional Grass / Vegetated Swale S,F $5.00
Sand filtration Swale and Basins 465 S,F,$25.00
Gravel lnfiltration Swale and Basin 8 I 0 S,F,$30.00
Retention or Detentaon Pipe (HDPE , CMP)0 L.F $50.00
Cartridge Filtration Chamber 0 L.F $25,000.00
0 EA $1.000.00
0 EA $1.500.00
0 S.F $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
s
s
s
$
$
$0.00
$11 ,625.00
$24,300.00
$0.00
$0.00
$0.00
$0.00
0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00$
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Subtotal $35,925.00
B Administrative Conlingency (20% x A)$7,185.00
C Streets/Drainage Total (A + B)$43,110.00
Catch Basin Filter lnsert
!9Jf q.{n.r9!I1t9,
Pervious Pavement / Pavers 15.00 $