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2020-10-07 City Council Regular MEETING - Agenda PacketCity Council Chambers Menifee City Council Via RingCentral (see below) Regular Meeting Agenda Menifee, CA 92586 Wednesday, October 7, 2020 5:00 PM Closed Session 6:00 PM Regular Meeting Bill Zimmerman, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Armando G. Villa, City Manager Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney Dean Deines, District 4 Sarah A. Manwaring, City Clerk AGENDA AS A RESULT OF THE COVID-19 VIRUS, AND RESULTING ORDERS AND DIRECTION FROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA, AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OF MENIFEE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BE PERMITTED TO PHYSICALLY ATTEND THE MENIFEE MEETING TO WHICH THIS AGENDA APPLIES. YOU MAY PARTICIPATE IN THE MEETING BY: VIDEO: https://meetings.ringcentral.com/j/3668649023 PHONE: (623) 404-9000, MEETING ID #3668649023 PUBLIC COMMENTS: TO SUBMIT PUBLIC COMMENTS EMAIL publiccomments@cityofmenifee.us FOR MORE INFORMATION GO TO http://cityofmenifee.us/621/Virtual-City-Clerk-Services, OR CONTACT THE CITY CLERK DEPARTMENT AT (951) 672-6777. CLOSED SESSION (5:00 P.M.) 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code paragraph (4) of subdivision (d) of Section 54956.9 1 potential case REGULAR MEETING (6:00 P.M) 1. CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1. Casey Crawford, Elevation Church 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1. Reducing Crime and Keeping California Safe Act of 2020 6. AGENDA APPROVAL OR MODIFICATIONS Menifee Mayor and City Council Regular Meeting Agenda Wednesday, October 7, 2020 Page 2 of 6 7. PUBLIC COMMENTS (NON-AGENDA ITEMS) This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on non-agendized matters at the time such comments are made. Each comment will be limited to three minutes on any single item. Please submit comments to the City Clerk at publiccomments@cityofmenifee.us. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1. Approval of Special Meeting Minutes of September 16, 2020 9.2. Approval of Regular Meeting Minutes of September 16, 2020 10. CONSENT CALENDAR (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.) 10.1. Waiver of Reading in Full of Any and all Ordinances Listed on this Agenda and Provide that they be read by Title Only 10.2. Warrant Register RECOMMENDED ACTION Ratify and approve the Voucher List dated 9/11/2020 and the Payroll Register/Other EFT’s dated 9/1/2020, 9/2/2020, 9/3/2020, 9/4/2020, 9/16/2020 and 9/18/2020, which have a total budgetary impact of $3,449,789.65. 10.3. Treasurer's Report - August 2020 RECOMMENDED ACTION Approve the Treasurer’s Report for August 2020. 10.4. Annual Reporting of Senate Bill 1205 RECOMMENDED ACTION Adopt a Resolution acknowledging receipt of a report made by the Fire Chief of the Menifee Fire Department regarding the inspection of certain occupancies requiring annual inspections pursuant to section 13145, 13146 and 17921 of the California Health and Safety Code. 10.5. Marie Fritts Donation RECOMMENDED ACTION Adopt a Resolution amending the Fiscal Year 2020/21 operating budget allocating $13,500 of donated funds. 10.6. Asset Forfeiture Appropriation of Funds RECOMMENDED ACTION Approve a budget amendment Resolution authorizing the Menifee Police Department to appropriate asset forfeiture funds, in the amount of $11,112, to three Police Menifee Mayor and City Council Regular Meeting Agenda Wednesday, October 7, 2020 Page 3 of 6 Department accounts. 10.7. U.S. Board of Geographic Names "Menifee Hills" Naming Request RECOMMENDED ACTION Review the proposed name for the 2 mile-long ridge of hills located south of McCall Blvd and east of I-215 as “Menifee Hills” and adopt a Resolution authorizing the City Manager to submit the recommendation form to the U.S. Board of Geographic Names. 10.8. Fiscal Year 2020/21 Capital Improvement Program Budget Increase for Park Amenity Enhancements to Nova Park, CIP No. CS007 RECOMMENDED ACTION 1. Update Capital Improvement Program (CIP) No. CS007 to include the Park Amenity Enhancements to Nova Park; and 2. Adopt a Resolution to appropriate $70,459 from Fund 620 Local Park (Quimby) available fund balance for the purchase and installation of park/playground equipment; and 3. Approve the purchase of playground equipment based on attached quote for a total of $70,459 including tax and delivery from Account number 620-4660-52609; and 4. Exempt purchase from competitive bidding as purchase will be made under a cooperative purchasing (piggyback) agreement as allowed under the Menifee Municipal Code Section 3.12.070 (6) with the OMNIA, formally known as US Communities, Contract No. 2017001134. 10.9. Notice of Completion, Ethanac & Sherman Road Street Resurfacing, CIP 20-02 RECOMMENDED ACTION 1. Accept the Improvements for Ethanac Road & Sherman Road Street Resurfacing Project, CIP 20-02; and 2. Authorize the City Clerk’s Office to file the Notice of Completion for Ethanac Road & Sherman Road Street Resurfacing Project, CIP 20-02, with the Riverside County Recorder’s Office. 10.10. FY19-20 Capital Improvement Program Contract Extensions RECOMMENDED ACTION 1. Approve Amendment No. 1 with STC Traffic, Inc., Professional Services Agreement for CIP 16-08 Traffic Signal Interconnect (West), extending the term of services through June 30, 2021; and 2. Approve Amendment No. 1 with DHS Consulting (Anser Advisory), Professional Services Agreement for CIP 16-08 Traffic Signal Interconnect (West), extending the term of services through June 30, 2021; and 3. Approve Amendment No. 1 with Local Government Commission (LGC), Professional Services Agreement for the City of Menifee Active Transportation Plan, extending the term of services through June 30, 2021; and 4. Approve Amendment No. 1 with Riverside University Health System Public Health (RUHSPH), Professional Services Agreement for the City of Menifee Active Transportation Plan, extending the term of services through June 30, 2021; and 5. Approve Amendment No. 1 with KTU&A, Professional Services Agreement for the Menifee Mayor and City Council Regular Meeting Agenda Wednesday, October 7, 2020 Page 4 of 6 City of Menifee Active Transportation Plan, extending the term of services through June 30, 2021; and 6. Approve Amendment No. 2 with Wallace & Associates, Labor Compliance Services for CIP 20-03 Goetz Road Overlay, CIP 20-03, extending the term of services through December 31, 2020; and 7. Approve Amendment No. 2 with Wallace & Associates, Labor Compliance Services for CIP 20-10 Andalusia and Belcanto Communities Resurfacing, extending the term of services through December 31, 2020. 10.11. Agreement with Hillcrest Contracting, Inc. for the Scott/Menifee Road Sidewalk Project, CIP 20-11 RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute Owner-Contractor Agreement with Hillcrest Contracting, Inc. for the Scott/Menifee Road Sidewalk Project, CIP 20-11 in the amount of $460,461.30; and 2. Authorize the City Engineer to execute change orders(s) for unanticipated expenditures required to execute the construction of the project, in an amount not- to-exceed 10% of the contract amount or $46,046; and 3. Approve the roll-over FY 2019/20 budget from account no. 301-4555-58095 Scott/Menifee Road Sidewalk in the amount of $183,263 into FY 20/21: and 4. Approve Budget Amendment Resolution appropriation in the amount of $90,000 from unassigned 320-Capital Project funds. 10.12. Agreement with Kimley-Horn, Inc. for Design Services of Traffic Signals at Menifee Road/Garbani Road, CIP 21-11 RECOMMENDED ACTION Approve a Professional Services Agreement with Kimley-Horn, Inc. in an amount not- to-exceed $82,930 for design services of traffic signals at Menifee Road/Garbani Road, CIP 21-11. 10.13. Agreement with Hardy & Harper, Inc. for the Hillpointe Resurfacing Project, CIP 21-12 RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute Owner-Contractor Agreement with Hardy & Harper, Inc. for the Hillpointe Resurfacing Project, CIP 21-12 in the amount of $606,000; and 2. Authorize the City Engineer to execute change orders(s) for unanticipated expenditures required to execute the construction of the project, in the amount not- to-exceed 10% of the contract amount or $60,600; and 3. Direct Finance Department to transfer necessary funds as directed in the Fiscal Impact Section. 10.14. Grant Deed for Open Space Lots for TM 28859, Oak Hills Development by Woodside Homes RECOMMENDED ACTION Approve, Accept and Authorize Filing of Grant Deed for Open Space Lots 28, 34, 164 and 165 of Tract Map 28859 (TM 28859), Oak Hills development located west of Menifee Mayor and City Council Regular Meeting Agenda Wednesday, October 7, 2020 Page 5 of 6 Valley Boulevard and north of Ridgemoor Road, by Woodside O5S, LP. 10.15. Temporary Emergency Access Agreement for the Fairfield Inn at Menifee Town Center RECOMMENDED ACTION Approve the Temporary Emergency Access Agreement with SH-Menifee LLC, for the Fairfield Inn hotel at Menifee Town Center development. 10.16. Fiscal Year 2020/21 On-Call Striping Services Agreement with Superior Pavement Markings, Inc. RECOMMENDED ACTION 1. Approve Owner-Contractor Agreement with Superior Pavement Markings, Inc. for a not-to-exceed amount of $100,000 for Fiscal Year On-Call 2020/21 Citywide Roadway Striping Services; and 2. Authorize the City Manager to execute four additional one-year amendments for a not-to-exceed annual amount of $100,000 per amendment, as deemed necessary. ITEMS PULLED FROM CONSENT 11. PUBLIC HEARING ITEMS None. 12. DISCUSSION ITEMS 12.1. Veteran Street Naming Policy RECOMMENDED ACTION Discuss Veteran Street Naming Policy options and provide City staff with further direction. 13. CITY ATTORNEY REPORTS 14. CITY MANAGER REPORTS 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS ➢ Discuss strategy to address phase-out of illegal uses (Liesemeyer, July 18, 2018) Target Date: TBD ➢ Central Park Improvements/Connectivity to Shopping, Residential (Liesemeyer, August 7, 2019) Target Date: TBD ➢ Discuss Options to Assist with Absence of School Buses (Liesemeyer, August 21, 2019) Target Date: TBD ➢ Workshop to discuss residential uses in EDC (Zimmerman, December 18, 2019) Target Date: TBD ➢ WRCOG presentation on Community Choice Aggregation (Liesemeyer, February 5, 2020) Target Date: TBD Menifee Mayor and City Council Regular Meeting Agenda Wednesday, October 7, 2020 Page 6 of 6 ➢ Review and Revisions to Committee Resolutions (Liesemeyer, February 5, 2020) Target Date: November 2020 ➢ Post Pandemic Report and Update on New Technology Implementations (Deines, April 15, 2020) Target Date: TBD ➢ Discussion to Open DIF and Assess Park Allocations (Liesemeyer, June 17, 2020) Target Date: TBD ➢ Alarm Ordinance (Zimmerman, August 5, 2020) Target Date: January 2021 16. ADJOURN Decorum Policy Notes You may submit comments on any agenda item by emailing requests to publiccomments@cityofmenifee.us prior to the item being heard. The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. While we encourage participation, we ask there be a mutual respect for the proceedings. Staff Reports Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 672-6777 during normal business hours. Compliance with the Americans with Disabilities Act If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City Clerk at (951) 672-6777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. City Council Chambers Menifee City Council Via RingCentral (see below) Special Meeting Minutes Menifee, CA 92586 Wednesday, September 16, 2020 5:00 PM Special Meeting Bill Zimmerman, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Armando G. Villa, City Manager Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney Dean Deines, District 4 Sarah A. Manwaring, City Clerk MINUTES SPECIAL MEETING (5:00 P.M.) 1. CLOSED SESSION Mayor Zimmerman called the Special Meeting to order at 5:04 P.M. Present were Councilmembers August, Dienes, Sobek and Mayor Zimmerman. The City Council recessed into closed session for the reason listed below. 1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Smelser v City of Menifee Riverside County Superior Court Case No. 2003097 Mayor Pro Tem Liesemeyer arrived at 5:16 P.M. City Attorney Jeffrey Melching stated there was no reportable action from closed session. 2. ADJOURN Mayor Zimmerman adjourned the meeting at 6:00 P.M. ______________________ Sarah A. Manwaring, MMC City Clerk 9.1 Packet Pg. 7 Minutes Acceptance: Minutes of Sep 16, 2020 5:00 PM (APPROVAL OF MINUTES) Virtual Meeting Menifee City Council Via Ring Central Regular Meeting Minutes Menifee, CA 92586 Wednesday, September 16, 2020 6:00 PM Regular Meeting Bill Zimmerman, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Armando G. Villa, City Manager Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney Dean Deines, District 4 Sarah A. Manwaring, City Clerk MINUTES REGULAR MEETING (6:00 P.M.) 1. CALL TO ORDER Mayor Zimmerman called the meeting to order at 6:03 P.M. City Attorney Jeffrey Melching stated there was no reportable action from the Special Meeting closed session item. 2. ROLL CALL Attendee Name Title Status Bill Zimmerman Mayor Present Greg August District 1 Present Lesa Sobek District 3 Present Matt Liesemeyer District 2 Present Dean Deines District 4 Present 3. WORDS OF INSPIRATION Mayor Zimmerman provided the words of inspiration. 4. PLEDGE OF ALLEGIANCE Councilmember August led the flag salute. 5. PRESENTATIONS None. 6. AGENDA APPROVAL OR MODIFICATIONS The agenda was approved unanimously (5-0) with no modifications. 7. PUBLIC COMMENTS (NON-AGENDA ITEMS) City Clerk Sarah Manwaring read public comments submitted by the following: • Tony LoPiccolo • Kassen Klein • Dawn Schultz 8. COUNCILMEMBER UPDATES AND COMMENTS Councilmember Sobek reported on the meetings and events she attended. 9.2 Packet Pg. 8 Minutes Acceptance: Minutes of Sep 16, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, September 16, 2020 Page 2 of 7 • Virtual Ribbon Cutting for Scott Road/I-215 Interchange • Riverside County Health Coalition (RCHC) Meeting • LifeStream Blood Drive on Labor Day • Story Time at the Sun City Library • Public Safety Committee Meeting • Riverside County Habitat Conservation Authority (RCHCA) Meeting • Regional Conservation Authority (RCA) Board Meeting Councilmemebr Deines reported on the meetings and events he attended. • Meeting with Romoland School District Superintendent • LifeStream Blood Drive on Labor Day Mayor Pro Tem Liesemeyer reported on the meetings and events he attended. • Virtual Ribbon Cutting for Scott Road/I-215 Interchange • Public Safety Committee Meeting • LifeStream Blood Drive on Labor Day Mayor Zimmerman reported on the meetings and events he attended. • LifeStream Blood Drive on Labor Day • Perris Union High School District Virtual Student of the Month • Riverside County Transportation Commission (RCTC) Zoom Meeting • League of California Cities Mayor Zoom Meeting • Menifee Chamber of Commerce Zoom Business Social Mixer • 9-11 Recognition with the Oasis Neighbors • Arts Council Menifee Arts Gallery • Meeting with Romoland School District Superintendent • Economic Development Ad Hoc Committee 9. APPROVAL OF MINUTES 9.1. Approval of Minutes of September 2, 2020 The minutes were approved unanimously (5-0) with no modifications. 10. CONSENT CALENDAR City Clerk Sarah Manwaring stated the City Council had received correspondence from Valley-Wide Recreation and Park District regarding Item 10.6 and copies were distributed to the Council. The Consent Calendar was approved by the following vote. RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Lesa Sobek AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 10.1. Waiver of Reading in Full of Any and all Ordinances Listed on this Agenda and Provide that they be read by Title Only 9.2 Packet Pg. 9 Minutes Acceptance: Minutes of Sep 16, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, September 16, 2020 Page 3 of 7 10.2. Warrant Register ACTION Ratified and approved the Voucher List dated 8/28/2020 and the Payroll Register/Other EFT’s dated 8/20/2020, 8/21/2020 and 8/26/2020 and the Void Check Listing PE 8/31/2020 which have a total budgetary impact of $6,251,408.05. 10.3. IRC457(B) Plan Coordinator Title Change ACTION Adopted Resolution No. 20-960, updating the Title of the IRC § 457(b) Plan Coordinator. 10.4. Repeal and Replace Resolution No. 20-934 to Correct Agency Name ACTION Adopted Resolution No. 20-961, repealing and replacing Resolution No. 20-934, correcting the agency name reflected, formerly the California Board of Equalization (BOE) and now the California Department of Tax and Fee Administration (CDTFA). 10.5. Fiscal Year 2020/2021 Bonded Community Facilities District (Formation and Financial Consulting Services) Agreements ACTION 1. Approved and authorized the City Manager to execute professional services agreement with Urban Futures in the not-to-exceed amount of $90,000 for Fiscal Year 2020/21 Community Facilities District Formation Financial Advisory Services (Formation and Bond Sale); and 2. Approved and authorized the City Manager to execute professional services agreement with Spicer Consulting Group in the not-to-exceed amount of $250,000 for Fiscal Year 2020/21 Community Facilities District Special Tax Consultant Formation and Bond Sale Services; and 3. Approved and authorized the City Manager to execute professional services agreement with Stradling, Yocca, Carlson & Rauth in the not-to-exceed amount of $100,000 for Fiscal Year 2020/21 Community Facilities District Formation Counsel Services. 10.6. Agreements and Final Maps for Tract Map 32102-1 and Tract 32102, Menifee Village Development, Diamond Brothers Five Partnership ACTION 1. Approved the recommended Community Facilities District (CFD) Annexation Agreement to defer timing for the completion of the annexation of Tracts 32102-1 and 32102, located northwest of Domenigoni Parkway and east of Lindenberger Road, to Citywide CFD; and 2. Approved the recommended Lien Agreement allowing lien on a real property as form of security to guarantee completion of required public improvements and placement of monuments for Tracts 32102-1 and 32102; and 9.2 Packet Pg. 10 Minutes Acceptance: Minutes of Sep 16, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, September 16, 2020 Page 4 of 7 3. Approved the Subdivision Improvement Agreements for Road, Drainage, Water and Sewer Systems to guarantee completion of required improvements associated with Tracts 32102-1 and 32102; and 4. Approved the Subdivision Improvement Agreements for Placement of Monuments for Tracts 32102-1 and 32102; and 5. Approved the Final Maps for Tracts 32102-1 and 32102. 10.7. All American Asphalt, Inc. Agreement for the Construction of Menifee Maintenance and Operation Center (MOC) Phase II, CIP 16-13 ACTION 1. Awarded bid and executed Owner-Contractor Agreement with All American Asphalt, Inc. for the construction of Menifee Maintenance and Operation Center (MOC) Phase II in the amount not-to-exceed $287,806; and 2. Authorized the City Manager to execute change orders(s) for unanticipated expenditures to complete the project, in the amount not-to-exceed 10% of the contract amount or $28,780. 10.8. Agreement for Romoland Master Drainage Plan Line A-3, Stage 2 and Stage 3 ACTION 1. Approved a Cooperative Agreement between the Riverside County Flood Control and Water Conservation District and the City of Menifee for the construction, ownership, operation and maintenance of the Romoland MDP Line A-3, Stage 2 and Stage 3; and 2. Authorized the City Manager to execute the Agreement. 10.9. Quitclaim Deed for Storm Drain Easement for Tract Map 25253-1, Grande Vista ACTION Approved Quitclaim Deed for Tract Map 25253-1, located along Grande Vista Avenue, west of Lindenberger Road, to Riverside County Flood Control and Water Conservation District for an easement for storm drain purposes. 10.10. Agreement with C-Below Subsurface Imaging for Utilities Investigation Services for Various FY 20-21 Traffic Signal Projects ACTION Approved and executed the Professional Services Agreement with C-Below Subsurface Imaging in the amount not-to-exceed $37,270 for subsurface utilities investigation services to support the design of various traffic signal projects. 10.11. Amendment No.1 to Transportation Uniform Mitigation Fee Program Agreement for the Bundy Canyon Road/Scott Road Widening Project ACTION Authorized the City Manager to execute Amendment No.1 to Transportation Uniform Mitigation Fee Program Agreement 18-CN-MEN-1182 for the Bundy Canyon Road/Scott Road Widening Project from Sunset Avenue to Haun Road. 9.2 Packet Pg. 11 Minutes Acceptance: Minutes of Sep 16, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, September 16, 2020 Page 5 of 7 11. PUBLIC HEARING ITEMS 11.1. Substantial Amendment to 19/20 Annual Action Plan for Community Development Block Grant-CV Senior Management Analyst Edna Lebron provided a presentation and reported on the City's Citizen Participation Plan (CPP); Community Development Block Grant-CV; prior actions from the City Council; proposed activities; projected use of funds; and staff's recommendation. The City Council asked questions of staff regarding the Computer Lab Program, administration funds and Social Work Action Group (SWAG) efforts related to COVID-19. Mayor Zimmerman opened the public hearing at 6:33 P.M. City Clerk Sarah Manwaring stated the public hearing was legally noticed and no public comments or correspondence had been received. Mayor Zimmerman closed the public hearing at 6:34 P.M. ACTION Adopted Resolution No. 20-962, approving the Substantial Amendment to PY 2019/2020 Annual Action Plan. RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Dean Deines AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 11.2. 2019/2020 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Senior Management Analyst Edna Lebron provided a presentation and reported on the overview of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER); allocated funds; Minor Home Rehabilitation Grant Program (MHRGP); Phase II Romoland sidewalk/street improvements; projected expenditures; and staff's recommendation. Mayor Zimmerman opened the public hearing at 6:39 P.M. City Clerk Sarah Manwaring stated the public hearing was legally noticed and no public comments or correspondence had been received. Mayor Zimmerman closed the public hearing at 6:40 P.M. Councilmember Sobek stated she was pleased with the amount of assistance that had been provided and inquired about the upcoming cycle. Ms. Lebron reported on the applications that had been received. City Manager Armando Villa provided clarification regarding the administration funds discussed during Item 11.1. 9.2 Packet Pg. 12 Minutes Acceptance: Minutes of Sep 16, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, September 16, 2020 Page 6 of 7 ACTION Adopted Resolution No. 20-963, approving the 2019/2020 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Menifee Community Development Block Grant (CDBG) Program and authorize staff to submit the CAPER to the Department of Housing and Urban Development (HUD). RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Dean Deines AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 12. DISCUSSION ITEMS 12.1. COVID-19 Impact Report on City Facilities Armando Villa introduced Assistant City Manager Jeff Wyman. Mr. Wyman provided a presentation and reported on the background of the public health emergency and the City Hall staffing plan and City services; current status of City Hall services; current status of COVID-19; the State four-tier reopening chart information; other agencies reopening; and City Hall reopening alternatives; alternative 1, full interactive virtual operations with city facilities remaining closed; alternative 2, limited reopening of City Hall and City facilities; and alternative 3, full reopening of City Hall and city facilities. The City Council asked questions of staff regarding if the reopening applied to all City facilities, employee accommodations due to childcare, in-person meetings, alternative 2 productivity impacts, skate park reopening, employee sick day coverage due to COVID-19, employee and customer safety precautions, ability for the Senior Center to hold Church services, and timing of City Hall reopening City Clerk Sarah Manwaring read public comments submitted by the following. • Kassen Klein ACTION The City Council stated they were in favor of alternative 2, limited reopening of City Hall and City facilities. Mayor Zimmerman commented on the option of free COVID-19 testing for the staff at City Hall. 12.2. Model Home Complex Signage Councilmember August stepped away from the dais at 7:26 P.M. and returned at 7:30 P.M. Community Development Director Cheryl Kitzerow provided a presentation and reported on the background of the item; current sign regulations; Building Industry Association (BIA) partnership; current BIA kiosk locations; BIA weekend sign program; BIA kiosk branding; and new homes website. 9.2 Packet Pg. 13 Minutes Acceptance: Minutes of Sep 16, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, September 16, 2020 Page 7 of 7 The City Council asked questions of staff regarding BIA response to proposed changes, the City mobile app and website and potential interactive map. Councilmembers Sobek, Deines and Mayor Pro Tem Liesemeyer stated they were in favor of the website update and would like staff to work with BIA on an interactive map. ACTION The City Council consensus was in favor of the electronic updates as presented by staff and to keep the physical signage regulations the same. 12.3. City Council Recognition Policy City Clerk Sarah Manwaring provided a presentation and reported on the types of Council recognition; background of certificates; proclamations; Recognition Policy modifications; background of Outstanding Citizen Award Program; and possible modifications. The City Council discussed the nomination process and stated they would be in favor of a Councilmember rotation nomination process. The City Council discussed eligibility qualifications and guidelines and agreed to staff's recommendations as presented. The City Council discussed the selection process for the Outstanding Citizen of the Year and stated they would be in favor of a scoring form and stated the Menifee Citizens Advisory Committee (MCAC) would continue to select the recipient. The City Council discussed the awards for the Outstanding Citizens and stated they were in favor of staff's recommendations as presented. 13. CITY ATTORNEY REPORTS None. 14. CITY MANAGER REPORTS None. 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS None. 16. ADJOURN Mayor Zimmerman adjourned the meeting at 8:04 P.M. _______________________ Sarah A. Manwaring, MMC City Clerk 9.2 Packet Pg. 14 Minutes Acceptance: Minutes of Sep 16, 2020 6:00 PM (APPROVAL OF MINUTES) CITY OF MENIFEE SUBJECT: Warrant Register MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Ann-Marie Etienne, Financial Services Manager REVIEWED BY: Rochelle Clayton, Deputy City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Ratify and approve the Voucher List dated 9/11/2020 and the Payroll Register/OtherEFT’s dated 9/1/2020, 9/2/2020, 9/3/2020, 9/4/2020, 9/16/2020 and 9/18/2020, which have a total budgetary impact of $3,449,789.65. DISCUSSION The City of Menifee Municipal Code Chapter 3.16.050 requires that the City Council audit payments of demands and directs the City Manager to issue checks. The attached Voucher List and all corresponding invoices have been reviewed and approved for accuracy by the Financial Services Manager and by the Deputy Finance Director. Voucher List dated 9/11/2020 and the Payroll Register/Other EFT’s dated 9/1/2020, 9/2/2020,9/3/2020, 9/4/2020, 9/16/2020 and 9/18/2020 have a total budgetary impact of$3,449,789.65. FISCAL IMPACT As indicated above, Voucher List dated 9/11/2020 and the Payroll Register/OtherEFT’s dated 9/1/2020, 9/2/2020, 9/3/2020, 9/4/2020, 9/16/2020 and 9/18/2020 have a total budgetary impact of $3,449,789.65, which is included in the 2019-2020 and 2020-2021 Budgets. ATTACHMENTS 1. Voucher Listing 9-11-2020 2. Payroll Register 10-7-2020 10.2 Packet Pg. 15 09/10/2020 Voucher List City of Menifee 1 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46496 9/8/2020 01922 PORAC LEGAL DEFENSE FUND 7/2/20 02699 PEACE OFFICERS REACH ASSOC OF CALIFORNIA 648.00 02699 1,080.00PEACE OFFICERS REACH ASSOC OF CALIFORNIA7-2-20 -1 Total : 1,728.00 46497 9/11/2020 00851 ACCELA, INC.INV-ACC52412 02681 ACCELA AUTOMATION SUBSCRIPTION 118,719.17 Total : 118,719.17 46498 9/11/2020 01868 ADORAMA INC 26734289 PD MATERIALS & SUPPLIES 591.56 5.46PD MATERIALS & SUPPLIES26787844 Total : 597.02 46499 9/11/2020 01799 AIRFORCE 1 PLUMBING HEATING &, AIR, INC 100248 CITY HALL FACILITY MAINTENANCE 398.00 Total : 398.00 46500 9/11/2020 00012 ALL SIGNS GRAPHICS & DESIGNS 1565 RUSTLERS RANCH SIGNAGE 257.06 Total : 257.06 46501 9/11/2020 01252 AMAZON CAPITAL SERVICES, INC.1GG7-T34P-6T9R COMM SVCS SUPPLIES 31.94 41.312015-2 ZONE 1 FACILITY MAINTENANCE1N3X-JKNQ-GC4T 89.06COVID-19 SUPPLIES1NFV-N76T-73DH 32.61COMM SVCS SUPPLIES1QVW-4GVG-PKNX 95.68MENIFEE PD FACILITY MAINTENANCE1TRL-YT77-PCGK 45.63COMM SVCS OFFICE SUPPLIES1W4J-43VX-QGXY 335.07OFFICE SUPPLIES1XJL-6DD1-34JH 114.15IT SUPPLIES1XJL-6DD1-DCT3 Total : 785.45 46502 9/11/2020 00786 AMERICAN ASPHALT SOUTH, INC.2020-54R RETENTION RELEASE 14,347.53 Total : 14,347.53 46503 9/11/2020 00258 AMERICAN FORENSIC NURSES, INC 73519 02554 JUL'20 MENIFEE PD FORENSIC SERVICES 300.00 02554 300.00AUG'20 MENIFEE PD FORENSIC SERVICES73520 02554 300.00SEP'20 MENIFEE PD FORENSIC SERVICES73578 02554 385.00JUL'20 MENIFEE PD FORENSIC SERVICES73589 02554 870.00JUL'20 MENIFEE PD FORENSIC SERVICES73643 02554 300.00OCT'20 MENIFEE PD FORENSIC SERVICES73688 1Page: 10.2.a Packet Pg. 16 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 2 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 2,455.00 46503 9/11/2020 00258 00258 AMERICAN FORENSIC NURSES, INC 46504 9/11/2020 01720 CG RESOURCE MANAGEMENT AND, ENGINEERING, INC.751 02192 MAR-JUN'20 STORMWATER ENGINEERING PLAN R 3,240.00 02191 6,727.50MAY'20 STORMWATER ENGINEERING PLAN RVW &752 Total : 9,967.50 46505 9/11/2020 00370 CHANDLER ASSET MANAGEMENT, INC 2008MENIFEE AUG'20 INVESTMENT MGMT FEE 376.35 Total : 376.35 46506 9/11/2020 01210 CORKY'S PEST CONTROL 2436924 LAZY CREEK PEST CONTROL SVCS 59.00 85.00WEST ANNEX PEST CONTROL SVCS2437850 75.00AMR PEST CONTROL SVCS2446054 Total : 219.00 46507 9/11/2020 00453 DENNIS JANDA, INC.14201 02674 PMP 21-02 TOPOGRAPHIC SURVEY 6,425.00 02617 1,500.00JUL'20 ON-CALL RECOVERABLE SURVEYING & M14312 Total : 7,925.00 46508 9/11/2020 00765 FAMILY SERVICE ASSOC.08-2020-030 COVID-19-SENIOR MEALS FOR AUG 2020 1,000.00 Total : 1,000.00 46509 9/11/2020 01533 FASTSIGNS TEMECULA 581-98446 MENIFEE PD SUPPLIES 240.96 Total : 240.96 46510 9/11/2020 01291 HELIXSTORM 10091 01329 MAR-APR'20 PROF IT SUPPORT & TECHNOLOGY 3,700.00 02009 14,315.00TECHNICAL IT SUPPORT SERVICES JUN'2010245 01329 29,531.25MAY-JUN'20 PD NETWORKING PROJECT10319 Total : 47,546.25 46511 9/11/2020 01571 KATHRYN ANDERSON CK REQ 9/1 COMM SVCS INSTRUCTOR PAYMENT 17.50 Total : 17.50 46512 9/11/2020 01857 KC GRAPHICS 41631 PRINTING SVCS FOR PD 1,620.38 105.49PRINTING SVCS FOR PD41634 Total : 1,725.87 46513 9/11/2020 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 9/1 COMM SVCS INSTRUCTOR PAYMENT 646.80 2Page: 10.2.a Packet Pg. 17 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 3 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 646.80 46513 9/11/2020 01031 01031 MENIFEE VALLEY TAEKWONDO ACADE 46514 9/11/2020 01899 MIKE'S PRECISION WELDING INC 405201 P/W STREETLIGHT MAINTENANCE SVCS 600.00 Total : 600.00 46515 9/11/2020 00716 PACIFIC MOBILE STRUCTURES, INC INV-00110455 02553 AUG'20 PD HQ LOCKER ROOMS & LEASE 3,120.05 02553 3,120.05AUG'20 PD HQ LOCKER ROOMS & LEASEINV-00110456 Total : 6,240.10 46516 9/11/2020 00938 PETTIT 15092 02627 JUL'20 STAFF AUGMENTATION SVCS (NON RECO 15,660.00 Total : 15,660.00 46517 9/11/2020 01813 PHOENIX SUPPLY,LLC 20580 02587 MENIFEE PD NITRILE GLOVES 2,347.10 Total : 2,347.10 46518 9/11/2020 00252 PURCHASE POWER 0528-2038 AUG'20 AUG'20 POSTAGE REFILL 3,333.00 Total : 3,333.00 46519 9/11/2020 00215 RIVERSIDE COUNTY SHERIFF DEPT SH000037700 CAL ID 20/21 MEMBERSHIP 93,452.00 Total : 93,452.00 46520 9/11/2020 00962 RUTAN & TUCKER, LLP 864126 JAN'20 CITY LEGAL SVCS 10,442.25 713.00JUN'20 CITY LEGAL SVCS872777 5,594.50JUN'20 CITY LEGAL SVCS872778 460.00JUN'20 CITY LEGAL SVCS872779 10,325.00JUN'20 CITY LEGAL SVCS873168 Total : 27,534.75 46521 9/11/2020 00596 SATCOM DIRECT COMMUNICATIONS MINV7002173 SATELLITE PHONE CHARGER 98.50 Total : 98.50 46522 9/11/2020 00484 SELECT STAFFING 8405685750 TEMP EMP SVCS PE 7/19/20 6,762.28 5,910.98TEMP EMP SVCS PE 7/26/208405701958 Total : 12,673.26 46523 9/11/2020 01723 SIGNPROS GRAPHIX 0-10 MENIFEE PD FACILITY MAINTENANCE 305.48 Total : 305.48 3Page: 10.2.a Packet Pg. 18 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 4 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46524 9/11/2020 01610 SKYLINE SAFETY AND SUPPLY 5793 P/W MATERIALS & SUPPLIES 1,528.00 Total : 1,528.00 46525 9/11/2020 00965 SUNSTATE EQUIPMENT CO., LLC 8513952-001 P/W EQUIPMENT RENTAL 614.23 Total : 614.23 46526 9/11/2020 00741 U.S. BANK CORP. PYMT. SYSTEM **4266 City Credit Card Charges 2,029.27 Total : 2,029.27 46527 9/11/2020 01768 V&V MANUFACTURING, INC 51201 CODE ENFORCEMENT BADGES 527.15 Total : 527.15 46528 9/11/2020 00864 VIZION'S WEST, INC.20-1066 PROPERTY ABATEMENT SVCS 527.00 Total : 527.00 46529 9/11/2020 01198 WHITE HOUSE SANITATION 0000723802 AUG'20 LAZY CREEK PORTABLE RESTROOM SVCS 183.42 146.61AUG'20 LYLE MARSH PORTABLE RESTROOM SVCS0000723803 Total : 330.03 46530 9/11/2020 01045 AHERN RENTALS, INC 22267559-001 PD HQ FACILITY MAINTENANCE 343.29 Total : 343.29 46531 9/11/2020 01334 ALL STAR ELITE SPORTS 2270 COVID-19 MASKS 1,087.50 Total : 1,087.50 46532 9/11/2020 00744 ALLIED TRAFFIC & EQUIP. RENTAL 80126 P/W SIGN MAINT & REPLACEMENT 587.25 891.75P/W SIGN MAINT & REPLACEMENT80130 206.63P/W SIGN MAINT & REPLACEMENT80149 146.81P/W SIGN MAINT & REPLACEMENT80162 117.45P/W SIGN MAINT & REPLACEMENT80172 537.77P/W SIGN MAINT & REPLACEMENT80206 217.50P/W SIGN MAINT & REPLACEMENT80698 Total : 2,705.16 46533 9/11/2020 00365 AMERICAN PLANNING ASSOC.076432-2075 APA MEMBERSHIP RENEWAL 727.00 Total : 727.00 46534 9/11/2020 00058 AMERICAN REPROGRAPHICS CO. LLC 10677197 PRINTING SVCS 153.03 4Page: 10.2.a Packet Pg. 19 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 5 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 153.03 46534 9/11/2020 00058 00058 AMERICAN REPROGRAPHICS CO. LLC 46535 9/11/2020 01948 APPLEONE EMPLOYMENT SERVICES 15-0459875 COVID-19 SUPPLIES 1,063.77 Total : 1,063.77 46536 9/11/2020 01203 BALLET FOLKLORICO, LORENA HANCOCK CK REQ 9/1 COMM SVCS INSTRUCTOR PAYMENT 277.20 Total : 277.20 46537 9/11/2020 01590 BLUEBEAM, INC.1275295 02228 GLOBAL SVCS FOR ON-SITE SYSTEM ANALYSIS 12,000.00 02228 795.87GLOBAL SVCS FOR ON-SITE SYSTEM ANALYSIS1284054 Total : 12,795.87 46538 9/11/2020 01725 CITY OF MURRIETA AR047921 02189 MENIFEE PD DISPATCH SVCS (CITY OF MURRIE 1,154,837.25 Total : 1,154,837.25 46539 9/11/2020 01870 CSI FORENSIC SUPPLY 2276 PD MATERIALS & SUPPLIES 1,995.76 Total : 1,995.76 46540 9/11/2020 01178 DIRECTV LLC 37692620613 AUG'20 FIRE STATION #7 SATELLITE SVCS 267.99 Total : 267.99 46541 9/11/2020 00161 EASTERN MUNICIPAL WATER DIST.231135-03 8/25 AUG'20 LLMD ZONE 3 WATER SVCS 601.93 616.01AUG'20 LLMD ZONE 3 WATER SVCS231149-03 8/25 408.65AUG'20 LLMD ZONE 3 WATER SVCS231150-03 8/25 1,200.97AUG'20 HAUN RD WATER SVCS236550-01 8/25 165.72AUG'20 LA PIEDRA/SHERMAN IRRIGATION WATE237370-01 8/25 187.57AUG'20 AMR ROW WATER SVCS238346-02 8/25 965.81AUG'20 AMR ROW IRRIGATION SVCS238455-02 8/25 599.73AUG' 20 AMR ROW WATER SVCS238834-02 8/25 458.93AUG'20 AMR ROW WATER SVCS238835-02 8/25 704.69AUG'20 AMR ROW WATER SVCS238836-02 8/25 329.56AUG'20 TOWN CENTER ROW WATER SVCS240236-02 8/25 129.88AUG'20 TOWN CENTER ROW WATER SVCS240240-02 8/25 255.32AUG'20 TOWN CENTER ROW WATER SVCS240243-02 8/25 367.96AUG'20 TOWN CENTER ROW WATER SVCS240244-02 8/25 250.50JUL'20 LLMD ZONE 167 WATER SVCS246084-02 8/7 607.41AUG'20 AMR CREEK VIEW IRRIGATION WATER S247266-02 8/25 191.32AUG'20 TOWN CENTER ROW WATER SVCS249510-02 8/25 5Page: 10.2.a Packet Pg. 20 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 6 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46541 9/11/2020 (Continued)00161 EASTERN MUNICIPAL WATER DIST. 314.20AUG'20 TOWN CENTER ROW WATER SVCS249511-02 8/25 426.93AUG'20 TOWN CENTER WATER SVCS250354-01 8/26 Total : 8,783.09 46542 9/11/2020 00161 EASTERN MUNICIPAL WATER DIST.CK REQ 9/8 FIRE FLOW TEST 1,200.00 Total : 1,200.00 46543 9/11/2020 01924 FRESHWORKS INC FS98756 02685 FRESHSERVICE ESTATE ANNUAL 7,968.00 Total : 7,968.00 46544 9/11/2020 01142 FRONTIER CALIFORNIA INC.951-679-8527 8/19 AUG'20 CITY HALL ROLLOVER LINES SVC 360.55 Total : 360.55 46545 9/11/2020 00278 GALLS, LLC 016196825 PD MATERIALS & SUPPLIES 371.21 Total : 371.21 46546 9/11/2020 00139 GHA TECHNOLOGIES INC 101063203 02692 LAPTOP PURCHASE FOR IT DEPARTMENT 2,131.54 02689 2,707.88COVID WEB CAMS FOR ESSENTIAL STAFF101063492 02689 3,616.81COVID 19 IT ACCESSORIES101064022 02690 3,750.59LAPTOP PURCHASES FOR CS DEPARTMENT101064719 02691 5,625.88LAPTOP REPLACEMENTS FOR FINANCE AND ENGI101064782 446.86LAPTOP ACCESSORIES FOR IT DEPT101066859 Total : 18,279.56 46547 9/11/2020 01310 GOLDSTAR ASPHALT PRODUCTS 16117 P/W MATERIALS & SUPPLIES 969.75 30.48P/W MATERIALS & SUPPLIES16118 Total : 1,000.23 46548 9/11/2020 00324 GORDON, LISA CK REQ 9/9 REIMB FOR SHIPPING WORK LAPTOP BACK TO C 25.31 Total : 25.31 46549 9/11/2020 00908 GOSCH AUTO GROUP 5010534 COMM SVCS VEHICLE MAINTENANCE (VEH# 615) 34.18 476.24PD VEHICLE MAINTENANCE (VEH# 305)5011194 201.82PD VEHICLE MAINTENANCE (VEH# 305)5011224 100.16FLEET SMALL TOOLS & FIELD EQUIPMENT5011229 Total : 812.40 6Page: 10.2.a Packet Pg. 21 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 7 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46550 9/11/2020 01060 HANK'S HARDWARE & LUMBER INC.M04184 FACILITY MATERIALS & SUPPLIES 2.38 48.932015-2 PARK FACILITY MAINTENANCEM10083 Total : 51.31 46551 9/11/2020 00558 HDL COREN & CONE SIN002585 JUL- SEP'20 CONTRACT PROPERTY TAX SVCS 3,170.00 Total : 3,170.00 46552 9/11/2020 01043 IMPERIAL SPRINKLER SUPPLY 4248763-00 P/W MATERIALS & SUPPLIES 95.68 98.23P/W MATERIALS & SUPPLIES4254374-00 95.45FACILITIES SMALL TOOLS & FIELD EQUIOPMEN4262389-00 8.14CENTENNIAL PARK IRRIGATION SUPPLIES4285400-00 140.57CSA 145 IRRIGATION SUPPLIES4292221-00 77.74AMR PARK IRRIGATION SUPPLIES4294107-00 36.01CSA 33 IRRIGATION SUPPLIES4295822-00 60.09CSA 145 IRRIGATION SUPPLIES4313906-00 30.78CSA 145 IRRIGATION SUPPLIES4314218-00 11.69AMR PARK IRRIGATION SUPPLIES4314632-00 73.12CSA 145 IRRIGATION SUPPLIES4316052-00 255.93KC CENTER IRRIGATION SUPPLIES4316062-00 Total : 983.43 46553 9/11/2020 00088 INT'L INSTITUTE OF MUNI CLERKS 6/30/2020 IIMC MEMBERSHIP DUES 135.00 Total : 135.00 46554 9/11/2020 01949 JESSE HERNANDEZ 8/27/20 LEGAL FEES FOR CITY CLAIM GHC0031749 999.18 Total : 999.18 46555 9/11/2020 01331 KOA CORPORATION JB91167-11 02624 JUL'20 NON-RECOVERABLE GRANT MANAGEMENT 3,255.00 Total : 3,255.00 46556 9/11/2020 01342 LA SIERRA FIRE EQUIPMENT INC 54691A0 PD FACILITY MAINT 192.49 Total : 192.49 46557 9/11/2020 00773 MALLORY SAFETY & SUPPLY LLC 4883664 PD MATERIALS & SUPPLIES 149.09 115.06PD MATERIALS & SUPPLIES4883987 139.53PD MATERIALS & SUPPLIES4886190 Total : 403.68 7Page: 10.2.a Packet Pg. 22 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 8 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46558 9/11/2020 00474 PREMIER POOLS & SPAS CK REQ 7/10 REFUND BLDG PERMIT PMT20-02264 397.08 Total : 397.08 46559 9/11/2020 00474 MATTHEW ROBINS CK REQ 6/25 REFUND FOR CANCELLED ACTIVITY 316.00 Total : 316.00 46560 9/11/2020 00474 ELISABETH KUBES CK REQ 7/6 REFUND FOR CANCELLED ACTIVITY 160.00 Total : 160.00 46561 9/11/2020 00474 YOLANDA SANTANA CK REQ 9/1 REFUND FOR CANCELLED ACTIVITY 148.00 Total : 148.00 46562 9/11/2020 00474 DESTINY WALKER CK REQ 6/26 REFUND FOR CANCELLED ACTIVITY 132.00 Total : 132.00 46563 9/11/2020 00474 UNIQUE ELECTRIC SERVICES, INC CK REQ 7/17 REFUND BLDG PERMIT PMT19-04854 98.24 Total : 98.24 46564 9/11/2020 01473 MISS APRIL'S DANCE CK REQ 9/1 COMM SVCS INSTRUCTOR PAYMENT 643.20 Total : 643.20 46565 9/11/2020 01605 MOBILE MODULAR MANAGEMENT CORP 300284823 MOBILE MODULAR RENTAL 102.44 Total : 102.44 46566 9/11/2020 01058 MONOPRICE INC.20577618 IT EQUIPMENT 1,874.65 Total : 1,874.65 46567 9/11/2020 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA68513520 02661 PRE-EMPLOYMENT TESTING SVCS 2,771.00 Total : 2,771.00 46568 9/11/2020 01130 O'REILLY AUTO PARTS 4746-120513 FLEET MATERIALS & SUPPLIES 32.61 46.73COMM SVCS VEHICLE MAINTENANCE(VEH#601)4746-122277 Total : 79.34 46569 9/11/2020 01065 PRUDENTIAL OVERALL SUPPLY 23030395 COMM SVCS UNIFORM LAUNDRY SVCS 45.87 Total : 45.87 46570 9/11/2020 00006 R&R BUSINESS SOLUTIONS 8463 PRINTING SVCS 255.56 8Page: 10.2.a Packet Pg. 23 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 9 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46570 9/11/2020 (Continued)00006 R&R BUSINESS SOLUTIONS 89.37PRINTING SVCS8477 288.73PRINTING SVCS8479 587.22PRINTING SVCS8480 128.87PRINTING SVCS8493 96.24PRINTING SVCS8497 42.96PRINTING SVCS8498 Total : 1,488.95 46571 9/11/2020 00530 RIVERSIDE COUNTY CLERK CK REQ 8/24 NOE FILING FEE 50.00 Total : 50.00 46572 9/11/2020 00803 SCS ENGINEERS 0385025 02628 JUL'20 ON-CALL RECOVERABLE ENGINEERING S 765.00 Total : 765.00 46573 9/11/2020 00046 SOUTHERN CALIFORNIA EDISON 2-31-716-9357 8/25 AUG'20 CSA 145 IRRIGATION SVCS 1,675.15 112.39AUG'20 NEWPORT RD/ AMR CFD 2012-1 SGNL S2-34-392-5475 8/22 75.89AUG'20 DERBY HILL TC-1 SIGNAL SVCS2-35-338-9109 8/21 36.31AUG'20 DERBY HILL TC-1 SIGNAL SVC2-35-338-9240 8/21 881.22JUL'20 CITY SIGNAL SVCS2-36-200-0267 8/26 284.25JUL'20 CITY SIGNALS SVCS2-36-751-2365 8/14 831.64JUL'20 AMR SPORTS PARK ELECTRIC SVCS2-36-880-4548 8/25 529.17AUG'20 POLICE SUB STATION ELECTRICAL2-39-982-6494 8/29 56.19AUG'20 AMR STREET LIGHT SVC2-41-025-9733 8/21 20.98AUG'20 AMR STREET LIGHT SVC2-41-025-9790 8/21 559.16AUG'20 CENTRAL PARK ELECTRIC SVCS2-42-593-7505 8/25 Total : 5,062.35 46574 9/11/2020 01127 SOUTHERN CALIFORNIA MULCH INC.21408 LYLE MARSH PARK LANDSCAPE MAINTENANCE 5.44 Total : 5.44 46575 9/11/2020 01932 SOUTHERN CALIFORNIA NEWS GROUP 0011403653 LEGAL ADVERTISING SVCS 1,864.80 Total : 1,864.80 46576 9/11/2020 00697 STATER BROS. MARKET C0285 9/1 PD GRAND OPENING SUPPLIES 427.97 Total : 427.97 46577 9/11/2020 01010 STC TRAFFIC, INC.4206 02634 JUL'20 GRANT MANAGEMENT SVCS 10,037.25 9Page: 10.2.a Packet Pg. 24 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 10 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 10,037.25 46577 9/11/2020 01010 01010 STC TRAFFIC, INC. 46578 9/11/2020 01834 TEN-X AMMUNITION INC 12266 PD PROTECTIVE DEVICES & ACCESSORIES 1,429.98 Total : 1,429.98 46579 9/11/2020 01623 THE CALIFORNIA ACADEMY FOR, ECONOMIC DEVELOPMENT292076 20/21 IEDC MEMBERSHIP DUES 455.00 Total : 455.00 46580 9/11/2020 00098 THE GAS COMPANY 008 125 8251 8 8/21 AUG'20 CSA 145 GAS SVCS 9.32 90.98AUG'20 FIRE STATION #7 GAS SVCS047 770 7105 3 8/20 14.30AUG'20 WEST ANNEX/SENIOR CTR GAS SVCS064 825 8334 8 8/21 19.94AUG'20 NORTH ANNEX GAS SVCS069 025 8387 8 8/21 21.06AUG'20 PW YARD GAS SERVICES071 023 9513 9 8/20 54.89AUG'20 POLICE DEPARTMENT GAS SVCS186 436 1021 7 8/21 Total : 210.49 46581 9/11/2020 00854 THE LLOYD PEST CONTROL CO, INC 7136991 JUL'20 CITY HALL PEST CONTROL SVCS 75.00 70.00JUL'20 P/W PEST CONTROL SVCS7143875 99.00JUL'20 PD HQ PEST CONTROL SVCS7144191 Total : 244.00 46582 9/11/2020 01085 THE SHERWIN-WILLIAMS CO 3629-2 MENIFEE PD MATERIALS & SUPPLIES 67.11 Total : 67.11 46583 9/11/2020 01492 TONKIN PLUMBING INC 45633 FIRE STATION #76 FACILITY MAINTENANCE 335.00 450.00FIRE STATION #76 FACILITY MAINTENANCE45686 Total : 785.00 46584 9/11/2020 01064 TRI STATE MATERIALS INC 91851 P/W MATERIALS & SUPPLIES 37.55 Total : 37.55 46585 9/11/2020 00189 VERIZON WIRELESS 9861361965 AUG'20 PD MOBILE CHARGES 4,558.68 Total : 4,558.68 46586 9/11/2020 01887 VISCID DESIGN CO.2586 CODE CUSTOM WRAP ON VEHICLES 86.20 Total : 86.20 46587 9/11/2020 01803 WEST TOW MN20-0425 PD VEHICLE TOWING SVCS 305.00 10Page: 10.2.a Packet Pg. 25 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) 09/10/2020 Voucher List City of Menifee 11 2:03:06PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 305.00 46587 9/11/2020 01803 01803 WEST TOW 46588 9/11/2020 01669 YOURMEMBERSHIP.COM, INC.R48243851 RECRUITMENT FEES FOR IT DIRECTOR 399.00 Total : 399.00 46589 9/11/2020 01799 AIRFORCE 1 PLUMBING HEATING &, AIR, INC 100004 COMM SVCS FACILITY MAINTENANCE 378.00 304.00CITY HALL FACILITY MAINTENANCE100066 690.00CITY HALL FACILITY MAINTENANCE100095 Total : 1,372.00 Bank total : 1,637,416.18 94 Vouchers for bank code :uboc 1,637,416.18Total vouchers :Vouchers in this report 94 11Page: 10.2.a Packet Pg. 26 Attachment: Voucher Listing 9-11-2020 (2679 : Warrant Register) Date Paid by:Payee Description Amount 9/4/2020 ACH City Payroll Payroll Period 8/15/2020 - 8/28/2020 621,816.66 9/4/2020 ACH ICMA Payroll Period 8/15/2020 - 8/28/2020 28,728.90 9/18/2020 ACH City Payroll Payroll Period 8/29/2020 - 9/11/2020 632,147.12 9/18/2020 ACH ICMA Payroll Period 8/29/2020 - 9/11/2020 29,799.56 TOTAL PAYROLL:1,312,492.24$ Date Paid by:Payee Description Amount 9/1/2020 ACH CALPERS - GASB 68 Reports Sep-20 700.00 9/2/2020 ACH PayPros Credit Card Processing Fees 12,612.88 9/3/2020 ACH CALPERS - Retirement Payroll Period 7/18/2020 -7/31/2020 78,834.99 9/3/2020 ACH CALPERS - Retirement Payroll Period 7/18/2020 -7/31/2020 55,198.63 9/3/2020 ACH PERS Medical Sep-20 216,569.40 9/16/2020 ACH CALPERS - Retirement Payroll Period 8/1/2020 -8/14/2020 57,136.75 9/16/2020 ACH CALPERS - Retirement Payroll Period 8/1/2020 -8/14/2020 78,828.58 TOTAL OTHER EFT'S:499,881.23$ TOTAL PAYMENTS:1,812,373.47$ Payroll Register, Taxes and Other EFT's/Wires City of Menifee October 7, 2020 10.2.b Packet Pg. 27 Attachment: Payroll Register 10-7-2020 (2679 : Warrant Register) CITY OF MENIFEE SUBJECT: Treasurer's Report - August 2020 MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Wendy Preece, Deputy Finance Director REVIEWED BY: Rochelle Clayton, Deputy City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Approve the Treasurer’s Report for August 2020. DISCUSSION Attached is the Treasurer’s report for Cash and Investments for the month of August 2020. FISCAL IMPACT None. ATTACHMENTS 1. August 2020 Treasurer's Report 10.3 Packet Pg. 28 10.3.a Packet Pg. 29 Attachment: August 2020 Treasurer's Report (2664 : Treasurer's Report - August 2020) CITY OF MENIFEE SUBJECT: Annual Reporting of Senate Bill 1205 MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Bernice Rivera, Fire Permit Technician REVIEWED BY: Jeff Wyman, Assistant City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Adopt a Resolution acknowledging receipt of a report made by the Fire Chief of the Menifee Fire Department regarding the inspection of certain occupancies requiring annual inspections pursuant to section 13145, 13146 and 17921 of the California Health and Safety Code. DISCUSSION The California Health and Safety Code Sections 13145 and 13146 mandate City and County Fire Departments to enforce building standards adopted by the State Fire Marshal. Included in these standards are requirements for annual inspections of hotels, motels, lodging house and apartment houses, as well as private and public schools. In September 2018, the State of California approved Senate Bill (SB) 1205, requiring City and County Fire Departments to report annually to its administering authority or City Council, a State Mandate Compliance Report. This will outline all state mandated facility inspections conducted by the Fire Department, annually. The City of Menifee Fire Department assures compliance of these facilities by scheduling inspections with property owners during the properties assigned inspection date/s. Currently, the Fire Department has completed inspections of all known facilities as required by SB 1205 for FY 2019-2020. FISCAL IMPACT None. ATTACHMENTS 1. Senate Bill 1205 2. SB 1205 Resolution 10.4 Packet Pg. 30 Senate Bill No. 1205 CHAPTER 854 An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection. [Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018.] legislative counsel’s digest SB 1205, Hill. Fire protection services: inspections: compliance reporting. Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided. This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The people of the State of California do enact as follows: SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read: 13146.4. (a)  Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant 93 10.4.a Packet Pg. 31 Attachment: Senate Bill 1205 (2663 : Annual Reporting of (SB) 1205) to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b)  The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. (c)  The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document. (d)  For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. O 93 — 2 —Ch. 854 10.4.a Packet Pg. 32 Attachment: Senate Bill 1205 (2663 : Annual Reporting of (SB) 1205) 1 RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE MENIFEE FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Menifee Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private schools, hotels, motels, lodging houses, and apartment houses for compliance with building standards, as provided and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Menifee Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with sections 13146.2 and 13146.3 and, WHEREAS the Council of the City of Menifee intends this Staff Report to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Menifee Fire Department’s compliance with California Health and Safety Code Sections 13146.4. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California: expressly acknowledges the measure of compliance of the Menifee Fire Department with Health and Safety Code sections 13146.2 and 13146.3 in the City of Menifee for fiscal year 2019/2020, as follows: Section 1. Education Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. The Menifee Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Menifee. Section 2. Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility, impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. The Menifee Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Menifee. 10.4.b Packet Pg. 33 Attachment: SB 1205 Resolution [Revision 1] (2663 : Annual Reporting of (SB) 1205) 2 PASSED, APPROVED AND ADOPTED this 7 day of October 2020. ___________________________ Bill Zimmerman, Mayor Attest: ___________________________ Sarah A. Manwaring, City Clerk Approved as to form: ___________________________ Jeffrey T. Melching, City Attorney 10.4.b Packet Pg. 34 Attachment: SB 1205 Resolution [Revision 1] (2663 : Annual Reporting of (SB) 1205) CITY OF MENIFEE SUBJECT: Marie Fritts Donation MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Pat Walsh, Police Chief APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Adopt a Resolution amending the Fiscal Year 2020/21 operating budget allocating $13,500 of donated funds. DISCUSSION Marie Fritts, owner of Fritts Ford, runs a local family owned business with ties to this community. With the official opening of the Menifee Police Department in July, Marie Fritts wanted to show support by donating funds to be used for the Police Department Canine Program. Marie Fritts generously donated $13,500, which the City Manager has previously approved per the City’s Donation Policy (Donation Acceptance Form and City Donation Policy attached), to be used for the purchase of a second Police Department canine and training for the assigned canine officer. Per the City’s Donation Acceptance Policy, donations with an aggregate value of less than $100,000, require the Beneficiary Department Head to seek approval from the City Manager or designee to accept the donation and shall seek approval, by Resolution, from City Council to appropriate and expend the donation. FISCAL IMPACT The Finance Department will increase the budgeted revenue in Account# 100-3855, established for Donations and appropriate $2,000 of those funds to Account# 100-4911-52211, Training, and $11,500 to Account# 100-4911-52751, Protective Devices & Accessories. ATTACHMENTS 1. Donation Acceptance - Marie Fritts 2. Donation Policy 10.5 Packet Pg. 35 City of Menifee Staff Report Marie Fritts Donation October 7, 2020 Page 2 of 2 3. FUND 100- Budget Amendment Resolution FY 20-21 -October 7th City Council Meeting General Fund 10.5 Packet Pg. 36 DocuSign Envelope ID: 074FBF3C-42D5-4797-9E3B-60F68330B7E2 9/10/2020 10.5.a Packet Pg. 37 Attachment: Donation Acceptance - Marie Fritts (2659 : Marie Fritts Donation) 10.5.b Packet Pg. 38 Attachment: Donation Policy (2659 : Marie Fritts Donation) 10.5.b Packet Pg. 39 Attachment: Donation Policy (2659 : Marie Fritts Donation) 10.5.b Packet Pg. 40 Attachment: Donation Policy (2659 : Marie Fritts Donation) 10.5.b Packet Pg. 41 Attachment: Donation Policy (2659 : Marie Fritts Donation) 10.5.b Packet Pg. 42 Attachment: Donation Policy (2659 : Marie Fritts Donation) 10.5.b Packet Pg. 43 Attachment: Donation Policy (2659 : Marie Fritts Donation) RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2020/21 OPERATING BUDGET WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2020/21 with resolution 20-916 on June 3rd, 2020; and WHEREAS, the City of Menifee does from time to time have unanticipated revenues and/or expenditures arise; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue and enhance the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2020/21 budget to reflect an additional revenue source and a corresponding additional expenditure as follows: AMENDMENTS TO ADOPTED BUDGET: Adopted Budget: $49,389,575 1. Record Revenue Estimate(s): CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT July 15, 2020 Donation 100-3855 10,000 August 19, 2020 Donation 100-3855 2,500 October 7, 2020 Donation 100-3855 13,500 TOTAL: $26,000 Increase FY 2020/21 Revenue Budget: $49,415,575 Adopted Budget: $49,389,575 2. Record Appropriation(s): CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT July 15, 2020 Police Volunteer Program 100-4911-52509 10,000 July 15, 2020 Police Start-Up Year Budget Roll-Over 100-4911-58090 273,873 August 19, 2020 Printing & Duplication 100-4911-51300 2,500 October 7, 2020 Training 100-4911-52211 2,000 October 7, 2020 Protective Devices & Accessories 100-4911-52751 11,500 TOTAL: $299,873 10.5.c Packet Pg. 44 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -October 7th City Council Meeting General Fund [Revision 1] (2659 : Marie City of Menifee Resolution No. 20-___ Amending the Fiscal Year 2020/21 Budget 2 Increase FY 2020/21 Expenditure Budget: $49,689,448 3. Record Transfer of Funds: FROM ACCOUNT # TO ACCOUNT # AMOUNT TOTAL: 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS: The annual budget for the City of Menifee for fiscal year 2020/21 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows: Revenues: Donations (Marie Fritts) $13,500 Amended FY 2020/21 Revenue Budget: $ 49,415,575 Expenditures: Training $2,000 Protective Devices & Accessories 11,500 Amended FY 2020/21 Expenditure Budget: $ 49,689,448 PASSED, APPROVED AND ADOPTED this 7th day of October, 2020. _____________________________ Bill Zimmerman, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney 10.5.c Packet Pg. 45 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -October 7th City Council Meeting General Fund [Revision 1] (2659 : Marie CITY OF MENIFEE SUBJECT: Asset Forfeiture Appropriation of Funds MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Pat Walsh, Police Chief APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Approve a budget amendment Resolution authorizing the Menifee Police Department to appropriate asset forfeiture funds, in the amount of $11,112, to three Police Department accounts. DISCUSSION In August of this year the City of Menifee was transferred $88,653.07 in Asset Forfeiture funds that were allocated to the Menifee Police Department. The accounts were previously overseen by Riverside County Sheriff’s Department. These funds are the Menifee Police Department’s portion of multiple state cases resulting in asset forfeiture funds being allocated through the Department of Justice (DOJ) Equitable Sharing Guidelines. These funds have been deposited into the City’s restricted Trust Fund (Account #350-2315) until needed for eligible uses. Following the recommended appropriation of $11,112 the remaining estimated balance will be $77,541. FISCAL IMPACT The Finance Department will appropriate $11,112 to Account# 100-3468 (State Asset Forfeiture) by transferring from Account #350-2315 (restricted trust fund) and appropriate corresponding expenditures to Account# 100-4911-52211, Training ($3,504); Account# 100- 4911-51501, Materials & Supplies ($1,164); and Account# 100-4911-53155, Capital Outlays ($6,444) for a total of $11,112. There will be no negative fiscal impact to the General Fund with the appropriated revenue to Account # 100-3468 which will fully offset the planned expenditures. The remaining $77,541.07 will remain in the State Asset Forfeiture account until staff can utilize it for a future purchase. ATTACHMENTS 1. FUND 100- Budget Amendment Resolution FY 20-21 -October 7th City Council Meeting General Fund (Asset Forfeiture) 10.6 Packet Pg. 46 RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2020/21 OPERATING BUDGET WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2020/21 with resolution 20-916 on June 3rd, 2020; and WHEREAS, the City of Menifee does from time to time have unanticipated revenues and/or expenditures arise; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue and enhance the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2020/21 budget to reflect an additional revenue source and a corresponding additional expenditure as follows: AMENDMENTS TO ADOPTED BUDGET: Adopted Budget: $49,389,575 1. Record Revenue Estimate(s): CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT July 15, 2020 Donation 100-3855 10,000 August 19, 2020 Donation 100-3855 2,500 October 7, 2020 Donation 100-3855 13,500 October 7, 2020 State Asset Forfeiture 100-3468 11,112 TOTAL: $37,112 Increase FY 2020/21 Revenue Budget: $49,426,687 Adopted Budget: $49,389,575 2. Record Appropriation(s): CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT July 15, 2020 Police Volunteer Program 100-4911-52509 10,000 July 15, 2020 Police Start-Up Year Budget Roll-Over 100-4911-58090 273,873 August 19, 2020 Printing & Duplication 100-4911-51300 2,500 October 7, 2020 Training 100-4911-52211 2,000 October 7, 2020 Protective Devices & Accessories 100-4911-52751 11,500 10.6.a Packet Pg. 47 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -October 7th City Council Meeting General Fund (Asset Forfeiture) [Revision 2] City of Menifee Resolution No. 20-___ Amending the Fiscal Year 2020/21 Budget 2 October 7, 2020 Training 100-4911-52211 3,504 October 7, 2020 Materials & Supplies 100-4911-51501 1,164 October 7, 2020 Capital Outlays 100-4911-53155 6,444 TOTAL: $310,985 Increase FY 2020/21 Expenditure Budget: $49,700,560 3. Record Transfer of Funds: FROM ACCOUNT # TO ACCOUNT # AMOUNT TOTAL: 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS: The annual budget for the City of Menifee for fiscal year 2020/21 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows: Revenues: State Asset Forfeiture $11,112 Amended FY 2020/21 Revenue Budget: $ 49,426,687 Expenditures: Training $3,504 Protective Devices & Accessories 1,164 Capital Outlays 6,444 Amended FY 2020/21 Expenditure Budget: $ 49,700,560 10.6.a Packet Pg. 48 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -October 7th City Council Meeting General Fund (Asset Forfeiture) [Revision 2] City of Menifee Resolution No. 20-___ Amending the Fiscal Year 2020/21 Budget 3 PASSED, APPROVED AND ADOPTED this 7th day of October, 2020. _____________________________ Bill Zimmerman, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney 10.6.a Packet Pg. 49 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -October 7th City Council Meeting General Fund (Asset Forfeiture) [Revision 2] CITY OF MENIFEE SUBJECT: U.S. Board of Geographic Names "Menifee Hills" Naming Request MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Molly Binnall, Management Analyst REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Review the proposed name for the 2 mile-long ridge of hills located south of McCall Blvd and east of I-215 as “Menifee Hills” and adopt a Resolution authorizing the City Manager to submit the recommendation form to the U.S. Board of Geographic Names. DISCUSSION On July 27, 2020, a proposal from the US Board of Geographic Names (BGN) was sent to the City to officially name a 2 mile-long ridge of hills within the City limits as “Menifee Hills”, an area of which is currently referred to by local residents as “Menifee Cross Hill” and “Menifee Mountain Trail”. The area is approximately 2 miles wide with an elevation of 2,141 feet and is located south of McCall Blvd and east of I-215. The area encompasses 35 parcels under private ownership. On the east side of the ridge, there is a subdivision named Menifee Hills that was built in 2016. The name “Menifee Hills” was proposed by a Menifee resident to the BGN. 10.7 Packet Pg. 50 City of Menifee Staff Report Menifee Hills Naming Request October 7, 2020 Page 2 of 3 The BGN is responsible by law for standardizing geographic names for use by the Federal Government and accepts proposals to name currently unnamed geographic features or change the names of already named geographic features. The BGN highly values local opinion when considering new proposals, and therefore requests input from local elected officials. This proposal is to make the name “Menifee Hills” official for Federal use, but it is preferable if Federal use aligns with local use and acceptance. 10.7 Packet Pg. 51 City of Menifee Staff Report Menifee Hills Naming Request October 7, 2020 Page 3 of 3 In addition to the City of Menifee, this proposal was sent to the Riverside County Board of Supervisors, the California Advisory Committee on Geographic Names, and federally recognized local Tribes for input and comments. Due to the current wildfire conditions, the California Advisory Committee will not be able to review this proposal until the fire season ends as several committee members are CalFire employees. There has been no response received from the Board of Supervisors or any local Tribes. In addition to the agencies listed above, City staff reached out to the Menifee Historical Society for input and review of the proposal, and they have indicated their support of the proposed name. If approved, the City is not obligated to put up new signs or immediately update maps. The BGN does not have any authority other than to standardize geographic place names for official Federal use. The name will not automatically show up on Google Maps, however the Google Maps team does import official BGN updates on an irregular basis. FISCAL IMPACT There is no fiscal impact. ATTACHMENTS 1. Menifee Hills proposal packet 2. Resolution Menifee Hills USBGN Name 3. Exhibit A - Menifee Hills recommendation form 10.7 Packet Pg. 52 UNITED STATES BOARD ON GEOGRAPHIC NAMES CASE BRIEF (Domestic) Menifee Hills: ridge; elevation 2,141 ft., approx. 2 mi. long, 1.5 mi. wide; in the City of Menifee between Menifee Valley and Perris Valley; named in association with the City of Menifee, which was named for Luther Menifee Wilson (1845-1899), one of the area’s first settlers, and who in 1883 discovered a quartz lode in the area; Secs 26,27,23,35&34, T5S, R3W, San Bernardino Meridian; Riverside County, California; 33°42’36”N, 117°09’59”W; USGS map – Romoland 1:24,000. https://geonames.usgs.gov/apex/gazvector.getesricoor?p_lat=33.710019&p_longi=-117.166272 Proposal: new name for unnamed feature Map: USGS Romoland 1:24,000 Proponent: Dane Hitchcock; Menifee, CA Administrative area: None Previous BGN Action: None Names associated with feature: GNIS: No record Local Usage: None found Published: None found Case Summary: The new name Menifee Hills is proposed for an unnamed ridge in the City of Menifee in Riverside County. The irregularly shaped ridge is approximately 2 miles long and 1.5 miles wide and has a high point of 2,141 feet. It is located south of Perris Valley and north of Menifee Valley. The name refers to the City of Menifee, which was named for Luther Menifee Wilson (1845-1899), one of the first settlers of the area, who in 1883 discovered a significant local quartz lode. The proponent reports that one of the summits on the ridge is locally called “Menifee Cross Hill” due to the presence of a white cross at its peak. A subdivision named Menifee Hills was recently built on the east side of the ridge. Proposed by: Dane Hitchcock; Menifee, CA Date: 5/20/20 Submitted by: same Date: same Prepared by: M. O’Donnell Date: 6/4/20 Case ID: 5317 Quarterly Review List: 440 Reviewed by: J.Runyon Date: 6/23/20 Approved Promulgation authorized Executive Secretary Domestic Geographic Names ______________________________ 10.7.a Packet Pg. 53 Attachment: Menifee Hills proposal packet (2677 : Menifee Hills Naming Request) 10.7.a Packet Pg. 54 Attachment: Menifee Hills proposal packet (2677 : Menifee Hills Naming Request) 10.7.a Packet Pg. 55 Attachment: Menifee Hills proposal packet (2677 : Menifee Hills Naming Request) 10.7.a Packet Pg. 56 Attachment: Menifee Hills proposal packet (2677 : Menifee Hills Naming Request) RESOLUTION NO. 20-____ A RESOLUTION OF CITY COUNCIL OF THE CITY OF MENIFEE APPROVING THE NAME PROPOSAL BY THE US BOARD OF GEOGRAPHIC NAMES TO NAME “MENIFEE HILLS” GENERALLY LOCATED SOUTH OF MCCALL BOULEVARD, EAST OF INTERSTATE 215, WEST OF MENIFEE ROAD, AND NORTH OF THE OASIS COMMUNITY WHEREAS, on July 27, 2020, the U.S. Board of Geographic Names (BGN) sent a proposal to the City of Menifee to name a 2-mile long ridge of hills as “Menifee Hills”, located east of I-215, south of McCall Blvd, and west of Menifee Rd within the City of Menifee; and WHEREAS, the property consists of ridgelines with elevations of 2,141 feet, currently under private ownership; and WHEREAS, the City of Menifee has evaluated the request and consulted with the Menifee Historical Society; and WHEREAS, the City is one of several governmental agencies providing input on this request and if approved is not obligated to post signage regarding the official naming; and WHEREAS, the City Council has reviewed the proposal in order to make a determination regarding the name “Menifee Hills”. NOW, THEREFORE, the City Council of the City of Menifee hereby approves the name proposed by the U.S. BGN of “Menifee Hills” and authorizes the City Manager to submit the Recommendation Form, attached as Exhibit “A” with the U.S. BGN. PASSED, APPROVED AND ADOPTED this the 7th day of October, 2020 _________________________ Bill Zimmerman, Mayor Attest: ___________________________ Sarah A. Manwaring, City Clerk Approved as to form: ______________________________ Jeffrey T. Melching, City Attorney 10.7.b Packet Pg. 57 Attachment: Resolution Menifee Hills USBGN Name [Revision 1] (2677 : Menifee Hills Naming Request) U.S. BOARD ON GEOGRAPHIC NAMES GEOGRAPHIC NAME PROPOSAL RECOMMENDATION Proposed name: Menifee Hills Current name of feature for Federal use: unnamed This is to notify the U.S. Board on Geographic Names that the: Menifee City Council (Name of government entity, organization, or individual) recommends that the U. S. Board on Geographic Names: ______Approve the Proposed Name ______Reject the Proposed Name ______Consider alternative name: __________________________________ Comments (the following factors contributed to this recommendation; attach supporting documentation if appropriate): _________________________________ _______________________________ (Name) (Title) _________________________________ _______________________________ (Address) (Telephone) _________________________________ _______________________________ (City, State, ZIP Code) (E-mail) _________________________________ _______________________________ (Signature) (Date) Return to: U.S. Board on Geographic Names 12201 Sunrise Valley Drive Mailstop 523 Reston VA 20192-0523 Telephone: (703) 648-4552 Fax: (703) 648-4549 E-mail: BGNEXEC@usgs.gov 10.7.c Packet Pg. 58 Attachment: Exhibit A - Menifee Hills recommendation form (2677 : Menifee Hills Naming Request) CITY OF MENIFEE SUBJECT: Fiscal Year 2020/21 Capital Improvement Program Budget Increase for Park Amenity Enhancements to Nova Park, CIP No. CS007 MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Mariana Mitchell, Senior Management Analyst REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Update Capital Improvement Program (CIP) No. CS007 to include the Park Amenity Enhancements to Nova Park; and 2. Adopt a Resolution to appropriate $70,459 from Fund 620 Local Park (Quimby) available fund balance for the purchase and installation of park/playground equipment; and 3. Approve the purchase of playground equipment based on attached quote for a total of $70,459 including tax and delivery from Account number 620-4660-52609; and 4. Exempt purchase from competitive bidding as purchase will be made under a cooperative purchasing (piggyback) agreement as allowed under the Menifee Municipal Code Section 3.12.070 (6) with the OMNIA, formally known as US Communities, Contract No. 2017001134. DISCUSSION Nova Park is a small three acre park that was built in 2003 located on the northern border of Menifee. This park has a small play structure without shade and is no longer in line with City park standards, which is why it has been placed on the five-year Capital Improvement Program (CIP) list for upgrades. CIP No. CS007 Park Amenity Enhancement was established as a vehicle to replace and add new amenities to existing parks, including a shade structure over this new proposed playground is also possible through CIP No. CS047 Shade Structures. Since the inception of these CIP projects, the City has refurbished four playgrounds, built one complete playground, added rubber surfacing to four parks, and is currently in the process of adding shade structures to two different park playgrounds. 10.8 Packet Pg. 59 City of Menifee Staff Report Park Amenity Enhancements, CIP No. CS007 October 7, 2020 Page 2 of 3 In the current FY 2020/21 CIP project list, the City budgeted for the creation a walking trail with equipment around Nova Park and the addition of LED walkway light fixtures to the playing area for residents to use. While negotiating the purchase of the trail equipment with GameTime Inc., the City was offered a themed play structure for 50% off the original price due to a stalled project with another local agency. This themed play structure greatly complements the themed interactive amenities already being added around the walking path of Nova Park. Compared to the existing structure, the new themed play structure would be larger, more interactive with its users, and would be completely shaded with new rubber surfacing. The purchase and installation of these amenities would complete another park update for the five-year CIP project list. The purchase for the equipment to be installed along the walking trail at Nova Park is not included in this purchase as it is below the $25,000 threshold for Capital Projects and has moved forward in the purchasing process accordingly. The Community Services Department is asking for the additional allocation of funds not currently included in the FY 2020/21 CIP Budget for CIP No. CS007 in order to capitalize on the opportunity presented by GameTime Inc. without affecting the current projects already in progress. The additional allocation would cover the purchase of the themed play structure, shade cover, and new rubber surfacing. The playground and the shade cover would be delivered and then installed by City staff who are Certified Playground Inspectors and the rubber surfacing would be installed by the contractor. The purchase of playground equipment must comply with specific procurement procedures, which would ordinarily require going through a competitive bid process. By using OMNIA Contract No. 2017001134, the City shall forgo the competitive bidding process and leverage the other public agencies’ buying power. The City will benefit by reducing administrative costs and obtain lower pricing, as allowed under the Menifee Municipal Code Section 3.12.070 (6). This in turn results in cost savings for smaller government entities. GameTime Inc. is an established vendor through OMNIA, formally known as US Communities, which is a cooperative purchasing organization for the public sector The request for appropriation of additional funds and expenditure was reviewed and recommended for approval by the Parks, Recreation and Trails Commission at the September Regular Meeting. The total cost for this purchase and installation of the equipment would be $70,459, which includes $63,459 for the purchase and delivery of the purchased equipment, and $7,000 for installation costs including rental equipment and building materials. FISCAL IMPACT The recommended action will modify the approved FY 2020-21 CIP Budget with the following appropriations: Fund Account # Available Fund Balance Appropriation Amount Project Account # 620 Local Park (Quimby) $258,118 $70,458.78 CIP No. CS007 Park Amenity Enhancements 620-4660-52609 10.8 Packet Pg. 60 City of Menifee Staff Report Park Amenity Enhancements, CIP No. CS007 October 7, 2020 Page 3 of 3 There is no General Fund impact from this fund balance appropriation. ATTACHMENTS 1. Resolution to Amend FY 2020/21 Operating Budget 2. Quote - Nova Park Playground 3. Nova Park Playground & Trail Equipment 10.8 Packet Pg. 61 RESOLUTION NO. 20-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2020/21 OPERATING BUDGET WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2020/21 with resolution 20-916 on June 3rd, 2020; and WHEREAS, the City of Menifee does from time to time have unanticipated revenues and/or expenditures arise; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue and enhance the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2020/21 budget to reflect an additional revenue source and a corresponding additional expenditure as follows: AMENDMENTS TO ADOPTED BUDGET: Fund 620 (Quimby) Adopted FY 2020/21 Revenue Budget: $204,254 CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT Fund 620 (Quimby) Adopted FY 2020/21 Expenditure Budget: $50,000 2. Record Appropriation(s): CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT August 19, 2020 CS007: Park Amenity Enhancements 620-4660-52609 $70,459 Amended Fund 620 (Quimby) Fund FY 2020/21 Expenditure Budget: $120,459 10.8.a Packet Pg. 62 Attachment: Resolution to Amend FY 2020/21 Operating Budget [Revision 1] (2674 : Park Amenity Enhancements, CIP No. CS007) Amending the Fiscal Year 2020/21 Fund 620 (Quimby) Fund Budget 2 3. Record Transfer of Funds: FROM ACCOUNT # TO ACCOUNT # AMOUNT TOTAL: 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS: The annual budget for the Fund 620 (Quimby) for the City of Menifee for fiscal year 2020/21 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows: Revenues: Expenditures: CIP No. CS007 Park Amenity Enhancements 50,000 Amended Local Park (Quimby) Fund FY 2020/21 Budget: $120,459 PASSED, APPROVED AND ADOPTED this 7th day of October 2020. _____________________________ Bill Zimmerman, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney 10.8.a Packet Pg. 63 Attachment: Resolution to Amend FY 2020/21 Operating Budget [Revision 1] (2674 : Park Amenity Enhancements, CIP No. CS007) City of Menifee Attn: Bryce Howell 29995 Evans Road Menifee, CA 92586 Phone: 951-723-3752 bhowell@cityofmenifee.us Ship to Zip 92586 Quantity Part #Description Unit Price Amount 1 RDU GameTime - Mod Forest B- Reference drawing #101654-01-OPT 1 $44,219.10 $44,219.10 1 SAIL METAL Superior International - Custom Shade Design- C1 (1) COLUMN: 10” SCH 40 @ 15’L + 12” RECESS TO BASE PLATE. C2 (1) COLUMN: 10” SCH 40 @ 20’L + 12” RECESS TO BASE PLATE. C3 (1) COLUMN: 10” SCH 40 @ 15’L + 12” RECESS TO BASE PLATE. C4 (1) COLUMN: 10” SCH 40 @ 20’L + 12” RECESS TO BASE PLATE. FRAME COLOR: TBD SHIPPING WEIGHT: 4579 LBS $13,232.00 $13,232.00 1 SAIL FABRIC Superior International - Custom Shade Design- (1) CUSTOM HYPERBOLIC CANOPY TO FIT OPENING APPROXIMATELY 25'-0" x 25'-4" x 21'-5" x 26'-3" WITH QUICK TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS. FABRIC COLOR: TBD SHIPPING WEIGHT: 82 LBS $2,706.00 $2,706.00 1 ENG Superior International - Engineering: Sealed Drawings & Fees $1,100.00 $1,100.00 1135 PIP GT-Impax - Poured in Place Surfacing, Delivered and Installed- List price, $21,994.09, discounted per Omnia contract 1,135 sf, 8' CFH Includes 50/50 standard epdm and black - tbd Aromatic Binder, Prevailing Wages Based on good job access, no design $15.89 $18,035.15 Contract: OMNIA Sub Total $79,292.25 Discount ($22,564.11) Estimated Freight $3,345.00 Tax $3,385.64 Total $63,458.78 GameTime C/O Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Office: 435-245-5055 Fax: 435-245-5057 www.gwpark.com 08/20/2020 Quote #101654-01-01 Nova Park Playground Option 1 Page 1 of 4 10.8.b Packet Pg. 64 Attachment: Quote - Nova Park Playground (2674 : Park Amenity Enhancements, CIP No. CS007) Comments * Your sales rep is Myles Harvey (805)320-9007. Please reach out to Myles if you should have any questions. Shipping to: 29995 Evans Road Menifee, CA 92586 Site Address: 25444 Nova Lane Menifee, CA 92585 Customer is responsible for offloading of equipment Installation is not provided on quote Remit Payment to: GameTime P.O. Box 680121 Fort Payne, AL 35967 Taxes: All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided. If sales tax exempt, you must provide a copy of certificate to be considered exempt. Prices: FOB Factory. Orders: All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime. Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed. Equipment, Taxes & Freight as noted above Installation and Surfacing billed as completed and Due Upon Receipt. Terms: Cash With Order Discount-(CWO)-Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount. Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require: Completed Project Information Sheet (if applicable) Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices. Retainage not accepted. Orders under $5,000 require payment with order. DIR# 1000015526 CSLB#855664 GameTime C/O Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Office: 435-245-5055 Fax: 435-245-5057 www.gwpark.com 08/20/2020 Quote #101654-01-01 Nova Park Playground Option 1 Page 2 of 4 10.8.b Packet Pg. 65 Attachment: Quote - Nova Park Playground (2674 : Park Amenity Enhancements, CIP No. CS007) INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $63,458.78 SALES TAX EXEMPTION CERTIFICATE #:___________________________ FEIN#_____________________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature GameTime C/O Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Office: 435-245-5055 Fax: 435-245-5057 www.gwpark.com 08/20/2020 Quote #101654-01-01 Nova Park Playground Option 1 Page 3 of 4 10.8.b Packet Pg. 66 Attachment: Quote - Nova Park Playground (2674 : Park Amenity Enhancements, CIP No. CS007) Customer Order Info: BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION (IF DIFFERENT FROM ABOVE): Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ GameTime C/O Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Office: 435-245-5055 Fax: 435-245-5057 www.gwpark.com 08/20/2020 Quote #101654-01-01 Nova Park Playground Option 1 Page 4 of 4 10.8.b Packet Pg. 67 Attachment: Quote - Nova Park Playground (2674 : Park Amenity Enhancements, CIP No. CS007) CIP No. CS007 Park Amenity Enhancements Nova Park Trail & Playground 10.8.c Packet Pg. 68 Attachment: Nova Park Playground & Trail Equipment (2674 : Park Amenity CIP No. CS007 Park Amenity Enhancements Nova Park Playground Equipment 10.8.c Packet Pg. 69 Attachment: Nova Park Playground & Trail Equipment (2674 : Park Amenity CITY OF MENIFEE SUBJECT: Notice of Completion, Ethanac & Sherman Road Street Resurfacing, CIP 20-02 MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Run Chen, Senior Engineer REVIEWED BY: Carlos Geronimo, Senior Civil Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Accept the Improvements for Ethanac Road & Sherman Road Street Resurfacing Project, CIP 20-02; and 2. Authorize the City Clerk’s Office to file the Notice of Completion for Ethanac Road & Sherman Road Street Resurfacing Project, CIP 20-02, with the Riverside County Recorder’s Office. DISCUSSION The Project rehabilitated existing road sections of Ethanac Road, Mathews Road, and Sherman Road as shown in the table below: Road Name From To Length Ethanac Road Trumble Road Mathews Road 0.80 miles Mathews Road Ethanac Road 200’ west of Palomar Road 0.45 miles Sherman Road Ethanac Road Van Buren Avenue 0.25 miles Along Ethanac and Mathews Roads, the project rehabilitated approximately 1.25 miles of deteriorated asphalt concrete pavement with 4” Cold In-Place Recycled (CIPR) Asphalt Concrete Pavement and a 2” rubberized asphalt overlay. Along Sherman Road, the project re-constructed 0.25 miles of existing roadway, and constructed minor drainage improvements along the east side of Sherman Road to keep storm water off the roadway. 10.9 Packet Pg. 70 City of Menifee Staff Report CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC October 7, 2020 Page 2 of 3 Filing a Notice of Completion protects the City from future claims against the project by providing proper noticing to each contractor, subcontractor, and material supplier that the project has been completed. The Payment Bond (Labor and Materials Bond) and Performance Bond will be released 30 days from the date of the recording the attached Notice of Completion, provided no Stop Notices are filed preventing said releases. The Public Works and Engineering Department staff inspected the materials supplied, quality of materials, construction methods, and workmanship of the project, and have determined the improvements constructed by All American Asphalt meets the requirements of the project as specified in the contract documents. The project budget of $1,405,762 was approved at the April 15, 2020 City Council Meeting. Construction funding for this project is as follows: Fund Description Account Number Total Amount 105 - Measure DD – Pavement Mgmt Program 105-4555-58084 $ 205,761 201 – SB1 Road Maintenance Rehab Fund – Pavement Mgmt Program 201-4555-58084 $1,200,000 Total $1,405,762 Final construction costs are outlined below: Expenditure Item Approved Budget Final Cost Construction Contract: $1,204,929.68 $1,204,929.68 Construction Contingency: $ 120,493.00 $ 55,059.65 Consultant Labor Compliance: $ 10,995.00 $ 10,995.00* Construction Management/Inspection: $ 12,000.00 $ 0 Materials Testing/Geotechnical $ 57,344.32 $ 24,274.00* Total Construction Cost: $1,405,762.00 $1,295,258.33* Total Project Costs (include design and environmental**): $1,459,427.98 Total Measure DD Contribution: $ 259,427.98* (all phases) *Estimated Final Cost Amount ** Design and environmental costs were approved separately and not part of the construction budget. Staff is pleased to report that this project was completed on time and under the approved budget. 10.9 Packet Pg. 71 City of Menifee Staff Report CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC October 7, 2020 Page 3 of 3 FISCAL IMPACT There is no charge for filing a Notice of Completion with the County Recorder’s Office. ATTACHMENTS 1. Project Close Out Documents 2. CIP 20-02 Notice of Completion 10.9 Packet Pg. 72 10.9.a Packet Pg. 73 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) 10.9.a Packet Pg. 74 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) 10.9.a Packet Pg. 75 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) 10.9.a Packet Pg. 76 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) 10.9.a Packet Pg. 77 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) 10.9.a Packet Pg. 78 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) 10.9.a Packet Pg. 79 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) 10.9.a Packet Pg. 80 Attachment: Project Close Out Documents (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) Recording Requested By: CITY OF MENIFEE After Recording Mail To: CITY CLERK CITY OF MENIFEE 29844 HAUN ROAD MENIFEE, CA 92586 Record without fee subject to Govt. Code 6103 NOTICE OF COMPLETION (Public Works – Civil Code Sec. 9204) Ethanac Road and Sherman Road Street Resurfacing, CIP 20-02 Notice is hereby given that: Work of improvements on the project herein described was accepted as complete on October 7, 2020. The work done: replace existing paved areas on Ethanac Road with Cold In-Place Recycle Asphalt concrete, replace full depth AC overlay, concrete curb and gutter, and install new concrete cross gutter and minor drainage improvements on Sherman Road. 1. The full name of the Owner is: CITY OF MENIFEE 2. The full address of the Owner is: 29844 HAUN ROAD MENIFEE, CA. 92586 3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described: CITY OF MENIFEE 29844 HAUN ROAD MENIFEE, CA 92586 4. The name of the contractor for such work of construction is: ALL AMERICAN ASPHALT 400 East Sixth Street Corona, CA 92879 5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California. STATE OF CALIFORNIA) Ss COUNTY OF RIVERSIDE) I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City. _____________________________ Sarah Manwaring, City Clerk 10.9.b Packet Pg. 81 Attachment: CIP 20-02 Notice of Completion [Revision 1] (2660 : CIP 20-02 Ethanac & Sherman Rd St Resurfacing - NOC) CITY OF MENIFEE SUBJECT: FY19-20 Capital Improvement Program Contract Extensions MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Carlos Geronimo, Senior Civil Engineer REVIEWED BY: Jeff Wyman, Assistant City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Approve Amendment No. 1 with STC Traffic, Inc., Professional Services Agreement for CIP 16-08 Traffic Signal Interconnect (West), extending the term of services through June 30, 2021; and 2. Approve Amendment No. 1 with DHS Consulting (Anser Advisory), Professional Services Agreement for CIP 16-08 Traffic Signal Interconnect (West), extending the term of services through June 30, 2021; and 3. Approve Amendment No. 1 with Local Government Commission (LGC), Professional Services Agreement for the City of Menifee Active Transportation Plan, extending the term of services through June 30, 2021; and 4. Approve Amendment No. 1 with Riverside University Health System Public Health (RUHSPH), Professional Services Agreement for the City of Menifee Active Transportation Plan, extending the term of services through June 30, 2021; and 5. Approve Amendment No. 1 with KTU&A, Professional Services Agreement for the City of Menifee Active Transportation Plan, extending the term of services through June 30, 2021; and 6. Approve Amendment No. 2 with Wallace & Associates, Labor Compliance Services for CIP 20-03 Goetz Road Overlay, CIP 20-03, extending the term of services through December 31, 2020; and 7. Approve Amendment No. 2 with Wallace & Associates, Labor Compliance Services for CIP 20-10 Andalusia and Belcanto Communities Resurfacing, extending the term of services through December 31, 2020. DISCUSSION The City of Menifee Capital Improvement Program (CIP) is administered and implemented by the Public Works and Engineering Department. Carrying out each CIP project involves various 10.10 Packet Pg. 82 City of Menifee Staff Report CIP Contract Amendments for Time Extensions October 7, 2020 Page 2 of 3 stages from pre-design to final construction, and along the way, several trades/services require completion including but not limited to: surveying, materials testing, design, geotechnical, construction and labor compliance. To accomplish these, the City utilizes a combination of in- house staff and consultants/contractors, as necessary. The division’s staff strive to deliver all projects within time and budget. There are times when contract agreements, especially those that are performed by professional engineering consultants need to be extended in order to properly finish and close out administrative requirements of the projects. This year has been especially challenging with delays due to COVID-19. The following four CIP projects require amendments to consultant agreements in order to complete final administrative procedures required to close out the projects. Staff is recommending contract/agreement amendments for the following existing agreements: • CIP 16-08 Traffic Signal Interconnect (West): The construction of this project is complete; the amendment to STC Traffic, Inc., and DHS Consulting (Anser Advisory), is required in order to monitor and ensure the newly installed communications system works correctly and to prepare the necessary project close out documents required by Caltrans since the project uses federal funds. • Menifee Active Transportation Plan (ATP): The draft ATP report is complete; the amendments to the Local Government Commission (LGC), the Riverside University Health System Public Health (RUHSPH), and KTU&A, are needed to finalize the project and seek approval from the City’s Parks and Trails Commission, Planning Commission, and City Council. • CIP 20-03 Goetz Road Overlay: The construction of the project is complete, the amendment with Wallace & Associates is needed to wrap up the Labor Compliance monitoring and submit a final report. • CIP 20-10 Andalusia and Belcanto Communities Resurfacing: The construction of the project is complete; the amendment with Wallace & Associates is needed to wrap up the Labor Compliance monitoring and submit a final report. The above amendments are only for time extension to the original agreements, the budgets will remain as approved. Pursuant to Menifee Municipal Code Chapter 3.12.090, any time extension exceeding 60 days from the previously approved or original agreement deadline, whichever is the latest, shall be approved by City Council. All other terms of the agreements shall remain the same. FISCAL IMPACT There is no additional fiscal impact in approving the seven recommended amendments, as these would only extend the original terms of service. Existing compensation amounts would remain the same. No additional budget appropriation action(s) is required. 10.10 Packet Pg. 83 City of Menifee Staff Report CIP Contract Amendments for Time Extensions October 7, 2020 Page 3 of 3 ATTACHMENTS 1. 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 16-08)(STC)(AMEND. NO. 1) 2. Executed Agreement (STC Inc)(CIP 16-08) 3. 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 16-08 CONST. MNGT SVS (DHS)(AMEND. NO. 1) 4. Executed Agreement (DHS)(CIP 16-08) 5. 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(LGC)(AMEND. NO. 1) 6. Executed Agreement (DHS)(ATP) 7. 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(RIVERSIDE UNIVERSITY HEALTH SYSTEMS)(AMEND. NO. 1) 8. Executed Agreement (RUSPH)(ATP) 9. 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(KTU+A)(AMEND. NO. 1) 10. Executed Agreement (KTU+A)(ATP) 11. 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 20-10) (WALLACE)(AMEND. NO. 2) 12. Executed Amendment No. 1 to Professional Services Agreeement (Wallace & Associates (CIP 20-10 Andalusia) 13. Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) 14. 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (GOETZ RD)(WALLACE & ASSOC)(AMEND. NO. 2) 15. Executed Amendment No. 1 to Professional Services Agreement (Wallace & Associates (CIP 20-03 Goetz Rd) 16. Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) 10.10 Packet Pg. 84 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN STC TRAFFIC, INC. AND THE CITY OF MENIFEE FOR CIP 16-08 TRAFFIC SIGNAL INTERCONNECT (EAST) CONSTRUCTION ENGINEERING SUPPORT This is Amendment No. 1 to that certain AGREEMENT for PROFESSIONAL SERVICES AGREEMENT(“Agreement”) made on November 6, 2019 by and between the City of Menifee (“City”) and STC TRAFFIC, INC. (“Contractor”) for CIP 16-08 TRAFFIC SIGNAL INTERCONNECT (EAST) CONSTRUCTION ENGINEERING SUPPORT which Amendment is made and entered into on ________________, 2020 to extend the term of services as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on April 1, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. 10.10.a Packet Pg. 85 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 16-08)(STC)(AMEND. NO. 1) (2676 : CIP Contract Amendments for Time Professional Services Amendment No. 1 with STC TRAFFIC, INC. CITY OF MENIFEE STC TRAFFIC, INC. _______________________________ _______________________________ Armando G. Villa, City Manager Jason Stack, President Attest: ________________________________ Nick Minicilli, Vice President _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney 10.10.a Packet Pg. 86 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 16-08)(STC)(AMEND. NO. 1) (2676 : CIP Contract Amendments for Time 10.10.b Packet Pg. 87 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 88 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 89 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 90 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 91 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 92 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 93 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 94 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 95 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 96 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 97 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 98 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 99 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 100 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 101 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 102 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 103 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.b Packet Pg. 104 Attachment: Executed Agreement (STC Inc)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN DHS CONSULTING, INC. AND THE CITY OF MENIFEE FOR CIP 16-08 CITYWIDE TRAFFIC SIGNAL COMMUNICATION (EAST): CONSTRUCTION MANAGEMENT SERVICES This is Amendment No. 1 to that certain AGREEMENT for PROFESSIONAL SERVICES AGREEMENT(“Agreement”) made on November 6, 2019 by and between the City of Menifee (“City”) and DHS CONSULTING, INC. (“Contractor”) for CIP 16-08 CITYWIDE TRAFFIC SIGNAL COMMUNICATION (EAST): CONSTRUCTION MANAGEMENT SERVICES which Amendment is made and entered into on ________________, 2020 to extend the term of services as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on April 1, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. 10.10.c Packet Pg. 105 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 16-08 CONST. MNGT SVS (DHS)(AMEND. NO. 1) (2676 : CIP Contract Professional Services Amendment No. 1 with DHS CONSULTING, INC. CITY OF MENIFEE DHS CONSULTING, INC. _______________________________ _______________________________ Armando G. Villa, City Manager Sudhir Damle, President Attest: ________________________________ Melanie Estes, Secretary _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney 10.10.c Packet Pg. 106 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 16-08 CONST. MNGT SVS (DHS)(AMEND. NO. 1) (2676 : CIP Contract 10.10.d Packet Pg. 107 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 108 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 109 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 110 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 111 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 112 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 113 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 114 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 115 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 116 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 117 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 118 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 119 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 120 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 121 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 122 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 123 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 124 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 125 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 126 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 127 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 128 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 129 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 130 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 131 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 132 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 133 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 134 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 135 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 136 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 137 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 138 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 139 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) 10.10.d Packet Pg. 140 Attachment: Executed Agreement (DHS)(CIP 16-08) (2676 : CIP Contract Amendments for Time Extensions) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN LOCAL GOVERNMENT COMMISSION (LGC) AND THE CITY OF MENIFEE FOR CITY OF MENIFEE ACTIVE TRANSPORTATION PLAN This is Amendment No. 1 to that certain AGREEMENT for PROFESSIONAL SERVICES AGREEMENT(“Agreement”) made on September 19, 2018 by and between the City of Menifee (“City”) and LOCAL GOVERNMENT COMMISSION (LGC) (“Contractor”) for CITY OF MENIFEE ACTIVE TRANSPORTATION PLAN which Amendment is made and entered into on ________________, 2020 to extend the term of services as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on April 1, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. 10.10.e Packet Pg. 141 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(LGC)(AMEND. NO. 1) (2676 : CIP Contract Amendments for Time Professional Services Amendment No. 1 with LOCAL GOVERNMENT COMMISSION (LGC) CITY OF MENIFEE LOCAL GOVERNMENT COMMISSION (LGC) _______________________________ _______________________________ Armando G. Villa, City Manager Michele Warren, Associate Director, Operations Attest: ________________________________ Linda Cloud, Associate Director, Finances _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney 10.10.e Packet Pg. 142 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(LGC)(AMEND. NO. 1) (2676 : CIP Contract Amendments for Time 10.10.fPacket Pg. 143Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 144Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 145Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 146Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 147Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 148Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 149Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 150Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 151Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 152Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 153Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 154Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 155Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 156Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 157Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 158Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.fPacket Pg. 159Attachment: Executed Agreement (DHS)(ATP) (2676 : CIP Contract Amendments for Time Extensions) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN RIVERSIDE UNIVERSITY HEALTH-SYSTEM- PUBLIC HEALTH (RUHS-PH) AND THE CITY OF MENIFEE FOR CITY OF MENIFEE ACTIVE TRANSPORTATION PLAN This is Amendment No. 1 to that certain AGREEMENT for PROFESSIONAL SERVICES AGREEMENT(“Agreement”) made on April 17, 2019 by and between the City of Menifee (“City”) and RIVERSIDE UNIVERSITY HEALTH-SYSTEM- PUBLIC HEALTH (RUHS-PH) (“Contractor”) for CITY OF MENIFEE ACTIVE TRANSPORTATION PLAN which Amendment is made and entered into on ________________, 2020 to extend the term of services as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on April 1, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. 10.10.g Packet Pg. 160 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(RIVERSIDE UNIVERSITY HEALTH SYSTEMS)(AMEND. NO. 1) (2676 : Professional Services Amendment No. 1 with RIVERSIDE UNIVERSITY HEALTH-SYSTEM- PUBLIC HEALTH (RUHS-PH) CITY OF MENIFEE RIVERSIDE UNIVERSITY HEALTH-SYSTEM- PUBLIC HEALTH (RUHS-PH) _______________________________ _______________________________ Armando G. Villa, City Manager Attest: ________________________________ _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney 10.10.g Packet Pg. 161 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(RIVERSIDE UNIVERSITY HEALTH SYSTEMS)(AMEND. NO. 1) (2676 : 10.10.h Packet Pg. 162 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 163 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 164 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 165 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 166 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 167 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 168 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 169 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 170 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 171 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 172 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 173 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 174 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 175 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 176 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 177 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 178 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 179 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 180 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 181 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 182 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 183 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 184 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 185 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 186 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 187 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 188 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 189 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 190 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 191 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 192 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.h Packet Pg. 193 Attachment: Executed Agreement (RUSPH)(ATP) (2676 : CIP Contract Amendments for Time Extensions) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN KTU+A AND THE CITY OF MENIFEE FOR CITY OF MENIFEE ACTIVE TRANSPORTATION PLAN This is Amendment No. 1 to that certain AGREEMENT for PROFESSIONAL SERVICES AGREEMENT(“Agreement”) made on April 3, 2019 by and between the City of Menifee (“City”) and KTU+A (“Contractor”) for CITY OF MENIFEE ACTIVE TRANSPORTATION PLAN which Amendment is made and entered into on ________________, 2020 to extend the term of services as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on April 1, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. 10.10.i Packet Pg. 194 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(KTU+A)(AMEND. NO. 1) (2676 : CIP Contract Amendments for Time Professional Services Amendment No. 1 with KTU+A CITY OF MENIFEE KTU+A _______________________________ _______________________________ Bill Zimmerman, Mayor Attest: ________________________________ _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney 10.10.i Packet Pg. 195 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (ATP)(KTU+A)(AMEND. NO. 1) (2676 : CIP Contract Amendments for Time 10.10.j Packet Pg. 196 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 197 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 198 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 199 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 200 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 201 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 202 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 203 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 204 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 205 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 206 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 207 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 208 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 209 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 210 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 211 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 212 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 213 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 214 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 215 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 216 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 217 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 218 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) 10.10.j Packet Pg. 219 Attachment: Executed Agreement (KTU+A)(ATP) (2676 : CIP Contract Amendments for Time Extensions) AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN WALLACE & ASSOCIATES AND THE CITY OF MENIFEE FOR CIP 20-10 LABOR COMPLIANCE SERVICES (Andalusia/Belcanto Grind & Overlay Project) This is Amendment No. 2 to that certain AGREEMENT for PROFESSIONAL SERVICES AGREEMENT(“Agreement”) made on January 14, 2020 by and between the City of Menifee (“City”) and WALLACE & ASSOCIATES (“Contractor”) for CIP 20-10 LABOR COMPLIANCE SERVICES (Andalusia/Belcanto Grind & Overlay Project) which Amendment is made and entered into on ________________, 2020 to extend the term of services amount as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on April 1, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. 10.10.k Packet Pg. 220 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 20-10) (WALLACE)(AMEND. NO. 2) (2676 : CIP Contract Amendments for Professional Services Amendment No. 2 with WALLACE & ASSOCIATES CITY OF MENIFEE WALLACE & ASSOCIATES _______________________________ _______________________________ Armando G. Villa, City Manager Bryan Tuschhoff, Director of Operations Attest: ________________________________ Heidi Nesper, Office Manager _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney 10.10.k Packet Pg. 221 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (CIP 20-10) (WALLACE)(AMEND. NO. 2) (2676 : CIP Contract Amendments for 10.10.l Packet Pg. 222 Attachment: Executed Amendment No. 1 to Professional Services Agreeement (Wallace & Associates (CIP 20-10 Andalusia) (2676 : CIP 10.10.l Packet Pg. 223 Attachment: Executed Amendment No. 1 to Professional Services Agreeement (Wallace & Associates (CIP 20-10 Andalusia) (2676 : CIP 10.10.m Packet Pg. 224 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 225 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 226 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 227 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 228 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 229 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 230 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 231 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 232 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 233 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 234 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 235 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 236 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 237 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 238 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 239 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) 10.10.m Packet Pg. 240 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-10 Andalusia) (2676 : CIP Contract Amendments for Time Extensions) AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN WALLACE & ASSOCIATES AND THE CITY OF MENIFEE FOR CIP 20-03 LABOR COMPLIANCE SERVICES (GOETZ ROAD GRIND & OVERLAY PROJECT) This is Amendment No. 2 to that certain AGREEMENT for PROFESSIONAL SERVICES AGREEMENT(“Agreement”) made on January 14, 2020 by and between the City of Menifee (“City”) and WALLACE & ASSOCIATES (“Contractor”) for CIP 20-03 LABOR COMPLIANCE SERVICES (GOETZ ROAD GRIND & OVERLAY PROJECT) which Amendment is made and entered into on ________________, 2020 to extend the term of services as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on April 1, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. 10.10.n Packet Pg. 241 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (GOETZ RD)(WALLACE & ASSOC)(AMEND. NO. 2) (2676 : CIP Contract Professional Services Amendment No. 2 with WALLACE & ASSOCIATES CITY OF MENIFEE WALLACE & ASSOCIATES _______________________________ _______________________________ Armando G. Villa, City Manager Bryan Tuschhoff, Director of Operations Attest: ________________________________ Heidi Nesper, Office Manager _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney 10.10.n Packet Pg. 242 Attachment: 2021 PW ENG- PROFESSIONAL SVCS. AGREEMENT (GOETZ RD)(WALLACE & ASSOC)(AMEND. NO. 2) (2676 : CIP Contract 10.10.o Packet Pg. 243 Attachment: Executed Amendment No. 1 to Professional Services Agreement (Wallace & Associates (CIP 20-03 Goetz Rd) (2676 : CIP Contract 10.10.o Packet Pg. 244 Attachment: Executed Amendment No. 1 to Professional Services Agreement (Wallace & Associates (CIP 20-03 Goetz Rd) (2676 : CIP Contract 10.10.p Packet Pg. 245 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 246 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 247 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 248 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 249 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 250 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 251 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 252 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 253 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 254 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 255 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 256 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 257 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 258 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 259 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 260 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) 10.10.p Packet Pg. 261 Attachment: Executed Agreement (Wallace & Associates)(CIP 20-03 Goetz Road) (2676 : CIP Contract Amendments for Time Extensions) CITY OF MENIFEE SUBJECT: Agreement with Hillcrest Contracting, Inc. for the Scott/Menifee Road Sidewalk Project, CIP 20-11 MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Diego Guillen, Associate Engineer REVIEWED BY: Carlos Geronimo, Senior Civil Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute Owner-Contractor Agreement with Hillcrest Contracting, Inc. for the Scott/Menifee Road Sidewalk Project, CIP 20-11 in the amount of $460,461.30; and 2. Authorize the City Engineer to execute change orders(s) for unanticipated expenditures required to execute the construction of the project, in an amount not-to-exceed 10% of the contract amount or $46,046; and 3. Approve the roll-over FY 2019/20 budget from account no. 301-4555-58095 Scott/Menifee Road Sidewalk in the amount of $183,263 into FY 20/21: and 4. Approve Budget Amendment Resolution appropriation in the amount of $90,000 from unassigned 320-Capital Project funds. DISCUSSION The Scott/Menifee Road Sidewalk project generally consists of installing about 4,000 linear feet of concrete sidewalk with removal and replacement of drainage spill ways and an 8” curb with gutter. This work will also include the removal and replacement of four existing non-compliant accessible curb ramps, curb, gutter, and cross gutters. Additionally, during preparation of the construction documents, several additional items were identified that were not part of the original scope including: 1. SCE vault on Menifee Road that needed to be raised 2. Removal of additional trees in conflict with sidewalk and ADA ramps 3. Additional removal and replacement of cross gutters to comply with ADA requirements. 10.11 Packet Pg. 262 City of Menifee Staff Report Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk October 7, 2020 Page 2 of 6 4. Additional retaining curb to match existing grades due to proximity of property lines and other obstructions. 5. Addition of drainage swale behind retaining wall. 6. Additional replacement of existing curb & gutter at entry points not permitted by the City. The above items were identified after survey data, As-Built plans from utility agencies, and drainage evaluations were performed or became available. The Project will construct the missing sidewalks at the following sections: Scott/Menifee Road Sidewalk Road Name From To Scott Road (south side) Bellamy Lane Menifee Road Menifee Road (West side) Scott Road City Boundary The project was advertised twice as required by the California Public Contract Code (CPCC). An electronic bid opening for the above-mentioned project was held on August 31, 2020 at 3:00 pm. A total of 13 sealed bids were received as listed on the following page: 10.11 Packet Pg. 263 City of Menifee Staff Report Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk October 7, 2020 Page 3 of 6 Bids Received 08/31/2020 Bidders (Lowest to Highest) Bid Amount Engineer’s Estimate $489,000.00 Hillcrest Contracting Inc. $460,461.30 IE General $512,581.40 S&H Civilworks $533,234.50 Mvc Enterprieses Inc. $536,942.15 Roadway Engineering $549,062.50 Universal Construction and Engineering $553,767.95 LC Paving & Sealing $555,535.83 All American Asphalt $578,887.00 Los Angeles Engineering Inc. $584,900.25 Onyx Paving $616,000.00 Vido Smarzich, Inc. $763,952.00 CT& T Concrete Paving Inc. $868,563.00 Aid Builders Inc. $908,056.00 10.11 Packet Pg. 264 City of Menifee Staff Report Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk October 7, 2020 Page 4 of 6 Staff reviewed the lowest bid received from Hillcrest Contracting Inc. for conformance with the contract documents. Staff noticed that one of their sub-contractor’s has an expired Department of Industrial Relations (DIR) number. After working with the City Attorney’s Office and receiving the required documents from the sub-contractor, staff determined the contractor met all of the contract requirements for responsiveness and responsibility. Construction management and inspection will be performed by City staff; material testing and labor compliance will be performed by a City consultant. Construction costs for the project are attached and outlined below as follows: Construction Contract: $460,461.30 Construction Contingency: $ 46,046.00 Consultant Labor Compliance: $ 11,480.00 Construction Management/Inspection (City) N/A Materials Testing/Geotechnical $ 13,933.00 Total Construction Cost: $531,920.30 The approved FY 2020-21 budget for the construction phase of this project is $450,000 in various accounts. Including inspections and contingencies, the actual project cost as noted above is $531,920.30, which leaves a deficit of $81,920.30. Recommendations for funding this project are listed in the Financial Impact Section. Tentative Project Schedule: Anticipated Construction Start Date: October 28, 2020 Estimated Construction Completion Date: January 5, 2021* Estimated Council Acceptance Date: February 15, 2021 *Assumes no delays due to weather or unforeseen conditions. Staff recommends awarding construction contract to Hillcrest Contracting Inc. and authorize the City Engineer to execute change orders not to exceed 10% of contract amount. ENVIRONMENTAL IMPACT The proposed use has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Class 1 includes the following example of a project that would be exempt under this section: (c) [minor alterations to] Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The project is for the resurfacing, restriping, and addition of signage of an existing paved road. The proposed improvement is a negligible expansion of the existing use. The improvements described above are considered repair and maintenance to existing streets or similar facilities. The project is exempt per Section 15301. 10.11 Packet Pg. 265 City of Menifee Staff Report Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk October 7, 2020 Page 5 of 6 The proposed project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3). There is no possibility that the activity in question will have a significant effect on the environment because the proposed project is occurring in an area that is heavily disturbed and is not environmentally sensitive. FISCAL IMPACT The approved FY 2020-21 budget for the construction phase of this project is $450,000 in various accounts. Including inspections and contingencies; the actual project cost is $531,920.30, which leaves a deficit of $81,920.30. Staff worked with the Finance Department and have identified unassigned fund balance from fund account 320-Capital Projects that can be used to cover the additional project costs. Staff requests an appropriation from available fund balance in Fund 320 (see table below). Fund Account # Fund Balance to be used To Project To Account # 320 Capital Projects Unassigned Fund Balance 320-4530 $90,000 Capital Projects – Scott Rd & Menifee Rd Sidewalk 320-4555-58095 The $90,000 will also cover for construction related administration items that are not part of the construction contracts such as plan reproduction, construction inspection with SCE, county filings, and other administrative costs. 10.11 Packet Pg. 266 City of Menifee Staff Report Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk October 7, 2020 Page 6 of 6 This request will modify the approved FY 2020-21 CIP Budget to the following: Description Account # Appropriated Amount Available Total Project Construction Cost Measure DD – Scott Rd. & Menifee Rd Sidewalk 105-4555-58095 $266,737.00 $ 266,737.00 Grant Funds –sidewalk missing links(roll over from FY 19/20) 301-4555-58095 $183,263.00 $183,263.00 Capital Projects – Scott Rd & Menifee Rd Sidewalk 320-4555-58095 $90,000.00 $81,920.30 TOTAL $540,000.00 $531,920.30 ATTACHMENTS 1. CIP 20-11 Scott/Menifee Road Sidewalk 2. Bid Schedule 3. Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) 10.11 Packet Pg. 267 CIP 20-11 SCOTT/MENIFEE ROAD SIDEWALK 10.11.a Packet Pg. 268 Attachment: CIP 20-11 Scott/Menifee Road Sidewalk (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk) 10.11.b Packet Pg. 269 Attachment: Bid Schedule (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk) 10.11.b Packet Pg. 270 Attachment: Bid Schedule (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk) 10.11.b Packet Pg. 271 Attachment: Bid Schedule (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee Rd. Sidewalk) 290/031858-0008 7645681.2 a08/09/19 Page 1 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP 20-11 SCOTT/MENIFEE ROAD SIDEWALK PROJECT This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and HILLCREST CONTRACTING, INC. (“Contractor”), whose principal business address is 1467 CIRCLE CITY DRIVE, Corona, CA 92879 on the ________ day of ______________, 20__. In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 20-11 SCOTT/MENIFEE ROAD SIDEWALK PROJECT to be constructed at the SCOTT/MENIFEE ROAD in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void. 2. CONTRACT PRICE Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 10.11.c Packet Pg. 272 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a08/09/19 Page 2 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] 6. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age. 7. AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 8. WORKERS’ COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to 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 Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to 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 Agreement.” 9. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 10.11.c Packet Pg. 273 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a08/09/19 Page 3 10. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested. 11. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. 12. LICENSES AND PERMITS Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 13. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch 14. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 15. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: 10.11.c Packet Pg. 274 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a08/09/19 Page 4 (Initial) (Initial) 16. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: City of Menifee By: Armando G. Villa, City Manager CONTRACTOR: HILLCREST CONTRACTING, INC. By: Name: Glenn J. Salsbury, Its: President______ APPROVED AS TO FORM: By: Jeffrey T. Melching, City Attorney By: Name: Einer G. Lindholm, Its: VP/Secretary ATTEST: By: Sarah A. Manwaring, City Clerk Contractor’s City Business License No. 471664, Class A State Contractor License No. & Class 1467 CIRCLE CITY DRIVE Street Address Corona, CA 92879 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] 10.11.c Packet Pg. 275 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a08/09/19 Page 5 EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards 10.11.c Packet Pg. 276 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a08/09/19 Page 6 EXHIBIT B CONTRACT PRICE Four Hundred Sixty Thousand Four Hundred Sixty One Dollars and Thirty Cents ($460,461.30) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. 10.11.c Packet Pg. 277 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a00/00/00 Page 7 10.11.c Packet Pg. 278 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a00/00/00 Page 8 10.11.c Packet Pg. 279 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a00/00/00 Page 9 10.11.c Packet Pg. 280 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a00/00/00 Page 10 10.11.c Packet Pg. 281 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a00/00/00 Page 11 10.11.c Packet Pg. 282 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee 290/031858-0008 7645681.2 a00/00/00 Page 12 10.11.c Packet Pg. 283 Attachment: Agreement (Hillcrest) (CIP 20-11 Scott-Menifee Rd Sidewalk) (2669 : Hillcrest Contracting Inc. Agreement, CIP 20-11 Scott/Menifee CITY OF MENIFEE SUBJECT: Agreement with Kimley-Horn, Inc. for Design Services of Traffic Signals at Menifee Road/Garbani Road, CIP 21-11 MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Run Chen, Senior Engineer REVIEWED BY: Jeff Wyman, Assistant City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Approve a Professional Services Agreement with Kimley-Horn, Inc. in an amount not-to-exceed $82,930 for design services of traffic signals at Menifee Road/Garbani Road, CIP 21-11. DISCUSSION The proposed traffic signal at the intersection of Menifee Road and Garbani Road is identified as a priority project in the City’s Capital Improvement Program for Fiscal Years 2020-25, Traffic Signal Project Listing. This intersection is currently controlled by an all-way stop, with the lane configurations offset across the intersection; that is, they do not align properly. Also, the northbound lane of Menifee Road is very narrow and does not provide room for pedestrians or cyclists. There are major geometry issues at this intersection that require realignment and reconfiguration of the existing lanes. In addition, the proposed Liberty High School currently under construction located east of the City boundary on Leon Road will add additional vehicular traffic at this intersection from students that live in Menifee once the High School opens. The City anticipates that without improvements, this intersection is going to present major traffic issues. The proposed improvements will re-align Menifee Road and reduce the existing pavement on the southbound lanes. Traffic lanes on Menifee Road through the intersection need realignment to increase merging distance on the southbound lanes and visibility on the northbound lanes. The center median island north of the intersection also needs realignment to increase clearance for safe traffic transitioning from Garbani Road through right turns. The proposed traffic signal and intersection will be constructed as an interim fix due to lack of right-of-way to accommodate the ultimate configuration. The permanent solution would cost significantly more than the interim solution which aside from more improvements, would require right-of-way acquisition and 10.12 Packet Pg. 284 City of Menifee Staff Report Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11 October 7, 2020 Page 2 of 2 possibly existing transmission pole relocations. Future development will contribute towards the ultimate intersection improvements. Consultant Selection In 2018 the City conducted a competitive Request for Qualifications (RFQ) to establish a short list of approved consultants to perform professional services for the City’s Capital Improvement Program. A list of consultants was subsequently established for a variety of services including Civil Engineering Design. Having a short-list of qualified consultants enables the City to procure needed professional services effectively and in a timely manner. An informal request for proposal (RFP) for plan preparation, specifications, cost estimates, and utility coordination was solicited to three engineering consultants from the short-list of qualified consultants, including Kimley-Horn, Rick Engineering, and STC. City staff received proposals from all three consultants and after a panel review determined that Kimley-Horn met the project’s requirements and received the highest score. Consultant Proposal Score Proposal Amount Rank Kimley-Horn 94 $82,930 1 Rick Engineering 82 $104,445 2 STC, Inc. 79 $69,400 3 Kimley-Horn’s quoted price in the amount of $82,930 was deemed reasonable for the proposed project. City Staff estimated the project construction costs to be between $1.2M - $1.5M. FISCAL IMPACT The not-to-exceed design and bid preparation cost of $82,930 has been budgeted in FY 2020- 21 under the following accounts: Fund Project Account # Available Balance Amount Requested 526 – DIF Citywide Circulation Menifee Rd/Garbani Rd Traffic Signal 526-4555-58109 $300,000 $82,930 ATTACHMENTS 1. Letter of Agreement 2. Agreement (Kimley-Horn)(CIP 21-11) 10.12 Packet Pg. 285 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 August 4th, 2020 Mr. Run Chen, PE, PMP City of Menifee 29844 Huan Road Menifee, CA 92586 RE: Menifee Road and Garbani Road Improvements Dear Mr. Chen: Kimley-Horn (“Consultant” or “Kimley-Horn”) is pleased to submit this letter of agreement to the City of Menifee (“Client” or “City”) for professional services to support the City with the construction of the Menifee Road and Garbani Road Intersection Improvements (“Project”). Project Understanding The signalization and roadway alignment improvements of the intersections of Menifee Road and Garbani Road is a high priority project in the City's 20/21 Capital Improvement Program (CIP). This scope of work was prepared to assist the City with the design, utility coordination, and construction support. Scope of Services Task 1: Project Administration, Meetings and Coordination Task 1.1 – Project Administration and Meetings The Kimley-Horn team will coordinate with the City for the duration of the project, assumed to be up to six (6) months; this could include phone calls and/or site and office meetings to discuss specific project- related items as needed. Kimley-Horn will attend one kick-off meeting with the City to discuss the project parameters, project considerations including design elements, studies, schedule, and budget. For budget purposes, up to 4 meetings are included for this coordination and meetings are anticipated to span up to one (1) hour with two (2) Kimley-Horn staff in attendance. Task 1.2 – SCE Coordination The Kimley-Horn team will assist the City with efforts associated with the SCE coordination needed to obtain the service point connection work order for the traffic signal installation. For budgeting purpose, this task includes up to 15 hours for Kimley-Horn staff to provide this coordination during the design of the project. 10.12.a Packet Pg. 286 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) Page 2 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Task 2: Data Collection Task 2.1 –Topographic Survey and Boundary Mapping Kimley-Horn team will retain the services from Sampo Engineering to perform field topographic survey and boundary mapping. The limits of the field survey will be performed at the location shown in Attachment A. The field survey will include the following: • Survey 25’ cross sections and 10’ beyond R/W o 350-ft beyond curb returns to the north (Menifee Road) o 200-ft beyond curb returns to the south (Menifee Road) o 50-ft beyond curb returns to the east and west (Garbani Road) • 10’x10’ grid shots at the intersection (limits of the intersection are within the PCRs) • Top of curb, flow line and lip of gutter for concrete curb and gutter and AC berms • All above ground appurtenances i.e. streetlight and power poles, vaults, cabinets, service meters, pull boxes, guy wires, fire hydrants, valves, monuments, signs, etc. o Include type and sizes o Shoot each corner of vaults and large pull boxes • All trees and sizes • Grade breaks and material changes (i.e. concrete to asphalt) • Miscellaneous structures • Existing lane striping • Mapping will include researching and obtaining relevant land and survey records, field locating existing right-of-way, street centerline, well monuments, corner monuments, and delineating the existing street right-of-way. • The basis of coordinates for this survey will be NAD 83 / CCS83 and the vertical datum will be on NAVD 88. Deliverables: • oSurf-EG – existing surface (AutoCAD file (2018/2020 version) • XML of the existing topo • Points file (txt file) • xBD – Boundary file (R/W and Easements) • xVA – Horizontal base file (flatten existing linework – i.e. no elevations) Task 2.2 –Utility Research Kimley-Horn will research existing wet utilities in the project area based on the readily available as-built drawings provided by the City. Kimley-Horn will reach out to the dry utility providers operating in the study area and request, through the City, their record facility maps. Wet and dry utilities will be combined with the survey information to create an existing utility base map. Kimley-Horn staff will perform one site visit to field verify the utility base map and will make necessary adjustments based on field observations. Results of the investigations will be integrated into an existing utility CAD base map that will be used by the project team to develop preliminary and final design plans. This task assumes up to 20 hours of effort. Data collection support beyond the scope described herein will be considered an additional service. 10.12.a Packet Pg. 287 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) Page 3 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 Deliverables: • Base Map (AutoCAD 2020). Assumptions: • City will provide as-builts. • City will provide striping AutoCAD files for the Murrieta Boulevard Street Resurfacing Project. Task 3: 30% Preliminary Engineering Task 3.1 – Prepare 30% Project Submittal Upon completion of the survey and base mapping, Kimley-Horn will develop 30% design improvements illustrating the proposed intersection alignment to improve the width of the northbound lane north of Garbani Road and improve northbound/southbound alignment through the intersection, including the placement of the new traffic signal equipment. The layout will be based upon field observations, data collection and our understanding and feedback from the kick-off meeting. The design will be based on the following standards: City of Menifee Public Works Standard Plans, City of Menifee Special Provisions, Standard Specifications (Greenbook 2018 edition), Caltrans Standard Plans 2018 edition, Caltrans Standard Specifications 2018 Edition, Caltrans Highway Design Manual and the 2014 California Manual on Uniform Traffic Control Devices (CA-MUTCD). The following plans will be prepared for this submittal: • Title Sheet – (1 sheet) • Horizontal Layout – 1” = 20’ Scale (2 sheets) - showing horizontal curb alignment and lane configurations. • Traffic Signal Installation Plan - 1"=20' Scale (1 sheet) - showing only proposed equipment placement. Task 3.2 – Positive Utility Identification Kimley-Horn will coordinate with the City and request Positive Utility Identification (“Potholing”) to determine horizontal and vertical locations of underground utility in potential conflict with the proposed traffic signal pole locations. Up to 8 hrs of Kimley-Horn staff is assumed under this task. Task 4: 90% Plans, Specifications and Estimate (PS&E) Submittal Task 4.1 – Prepare 90% Project Submittal Upon completion of Task 3, Kimley-Horn will develop the 90% PS&E based upon the 30% PS&E comments provided by the City, and utility potholing information collected. The following plans are anticipated for this project: • Title Sheet – (1 sheet) • Legend, Abbreviations and General Notes Sheets – (1 sheet) • Key Map - (1 sheet) – including quantity table 10.12.a Packet Pg. 288 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) Page 4 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 • Improvement Plans and Profiles - 1" = 20' Scale (3 sheets) – construction of site improvements and curb profiles of NE curb return • Curb Ramp Staking Plan – 1” = 20’ Scale (1 sheet) – NE curb return • Construction Details - (2 sheets) • Signing and Striping Plans - 1" = 40' Scale (1 sheet) • Traffic Signal Installation Plan - 1"=20' Scale (1 sheet) Task 4.2 – Prepare 90% Opinion of Probable Construction Cost (OPCC) Kimley-Horn will prepare a 90% opinion of probable construction cost for the traffic signal installation and intersection improvements. The OPCC will be presented to show the proposed bid items, unit prices, contingencies, and an overall cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the City wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the City will be paid for as Additional Services. Task 4.3 – Prepare 90% Special Provisions/Specifications Kimley-Horn will prepare 90% technical specifications for this project in the Greenbook Standard Specifications format (2018 edition). Kimley-Horn will also utilize City specifications, as necessary, in preparation of the Greenbook Standard Specifications. The City will provide an electronic copy of the City’s specifications template (in MS Word format) to be modified and update by Kimley-Horn. Task 4.4 – Comment Resolution After review of the City’s 90% comments, Kimley-Horn will attend one meeting or call with the City to discuss any comments that need clarification to ensure full understanding of the comments provided. Deliverables: • One electronic copy of the 90% PS&E package Assumptions: • Demolition Plans will not be needed as part of this project and therefore not included in the Scope of Services. • Engineering design will not be needed for the new curb ramps with the exception of the NE curb return. A note for contractor to construct the remaining curb ramps per City's standard will be added to the plans with the saw cut limits for estimating construction cost. • The City WQMP Checklist is not included as part of this scope. 10.12.a Packet Pg. 289 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) Page 5 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 • The limits of work identified in the RFP exhibits are over 10,000 square feet; a preliminary review of the City’s Water Quality Management Plan (WQMP) Checklist and LID Guidance and Standards for Transportation projects, the project is not considered a Priority Development Project (“PDP”) and will be exempt from NPDES requirements. Task 5: 100% PS&E Submittal Task 5.1 – Prepare 100% Project Submittal Based on one round of consolidated written comments provided by the City, Kimley-Horn will revise the 90% PS&E for the 100% PS&E Submittal. Kimley-Horn will provide responses to City plan comments directly on the plans for convenient City reference and backcheck. A comment matrix is not included as part of this scope. Task 5.2 – Prepare 100% Opinion of Probable Construction Cost (OPCC) Kimley-Horn will revise the project OPCC based on revisions made to the plans and comments from the City Task 5.3 – Prepare 100% Special Provisions/Specifications Kimley-Horn will revise the project technical specifications based on revisions made to the plans and comments from the City. Task 5.4 – Comment Resolution After review of the City’s 100% comments, Kimley-Horn will attend one meeting or call with the City to discuss any comments that need clarification to ensure full understanding of the comments provided. Deliverables: • One (1) electronic copy of the 100% Plans (PDF Format). • One (1) electronic copy of the Specifications (PDF Format). • One (1) electronic copy of the Opinion of Probable Construction Cost (PDF Format). • Three (3) hard copies of the 100% Plans, Specifications and Opinion of Probable Construction Cost. Assumptions: • Up to one (1) meeting is budgeted for Task 5. Task 6: Final Mylars Task 6.1 – Prepare Final Project Submittal Based on comments provided by the City, Kimley-Horn will revise the 100% PS&E package for the Final Submittal. Deliverables: 10.12.a Packet Pg. 290 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) Page 6 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 • One (1) electronic copy of the Special Provisions (MS Word) • One (1) electronic copy of the Bid List (MS Excel) • One (1) hard copy of the Mylars Assumptions: • Up to one (1) meeting is budgeted for Task 6. Task 7: Bid Phase Services and Construction Phase Services Kimley-Horn will provide limited assistance to the City during the bidding phase of the project to respond to engineering-related technical questions limited to the improvements described above. Kimley-Horn will provide limited assistance to the Client during the construction phase of the project to respond to engineering-related technical questions limited to the improvements described above. This task includes review of civil-related material submittals, responding to Requests for Information (“RFI”) and coordination with the Contractor and Client. The task also includes the attendance of a pre- construction meeting. For budgeting purpose, this task includes up to 20 hours for Kimley-Horn staff to provide this coordination during the design of the project. Assumptions: • Up to two (2) meetings are budgeted for Task 7. Task 8 – Record Drawings Kimley-Horn will prepare Record Drawings for the City’s records upon completion of construction. It is assumed that the Contractor will provide bluelined plans identifying any changes made during construction. Revisions will be made electronically. For budgeting purpose, this task includes up to 10 hours for Kimley-Horn staff to provide this coordination during the design of the project. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then-current hourly rates. We can provide additional services including, but not limited to, the following: ⚫ Public Outreach ⚫ Coordination with offsite property owners ⚫ Utility Design Plans ⚫ Irrigation Plans ⚫ Structural Plans ⚫ Photometric Evaluation ⚫ Lighting and Electrical Plans ⚫ Storm Water Quality Treatment Design ⚫ Water Pollution Control Plans & Details ⚫ Traffic Control Plans 10.12.a Packet Pg. 291 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) Page 7 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 ⚫ Meetings and Coordination beyond what is described in the scope herein Information Provided by the City We shall be entitled to rely on the completeness and accuracy of all information provided by the City or the City’s consultants or representatives. The City shall provide all information requested by Kimley- Horn during the project, including but not limited to the following: ⚫ As-built Plans Schedule We will provide our services as expeditiously as practicable with the goal of meeting the overall project schedule. Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the client, other consultants, and public agencies. Kimley-Horn will notify the City in the event the schedule is affected due to COVID-19. Kimley-Horn and the City will work together to resolve any issues and agree on a revised schedule as necessary. Fee and Expenses Kimley-Horn will complete Tasks 1 - 8 on a time and materials basis for an amount not to exceed basis of $82,930.00 We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. KIMLEY-HORN AND ASSOCIATES, INC. Mark Araujo, P.E. Leo Espelet, P.E., T.E. Task Manager Contract Manager RCE #85614 RCE #71532, TE # 2678 10.12.a Packet Pg. 292 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) Task Description $ 210.00 $ 190.00 $ 135.00 $ 155.00 Task 1 – PROJECT ADMINISTRATION, MEETINGS & COORDINATION 17 6 10 6 39 6,990.00$ $ -6,990.00$ 1.1 - PROJECT ADMINISTRATION AND MEETINGS 12 6 0 6 24 4,590.00$-$4,590.00$ 12 6 6 24 4,590.00$ $ 4,590.00 1.2 - SCE COORDINATION 5 0 10 0 15 2,400.00$-$2,400.00$ 5 10 15 2,400.00$ $ 2,400.00 Task 2 – DATA COLLECTION 0 7 19 0 26 3,895.00$ $ 7,925.00 $ 11,820.00 2.1 - TOPOGRAPHIC SURVEY AND BOUNDARY MAPPING 0 2 4 0 6 920.00$7,925.00$8,845.00$ 2 4 6 920.00$ $ 7,925.00 Sampo Engineering $ 8,845.00 2.2 - UTILITY RESEARCH 0 5 15 0 20 2,975.00$-$2,975.00$ 5 15 20 2,975.00$ $ 2,975.00 Task 3 – 30% PRELIMINARY ENGINEERING 2 18 48 0 68 10,320.00$ $ - $ 10,320.00 3.1 - PREPARE 30% PROJECT SUBMITTAL 2 14 44 0 60 9,020.00$-$9,020.00$ Title Sheet (1 Sheet)1 2 3 460.00$ $ 460.00 Improvement Plans (2 Sheets)1 8 30 39 5,780.00$ $ 5,780.00 Traffic Signal Plan (1 Sheet)1 5 12 18 2,780.00$ $ 2,780.00 3.2 - POSITIVE UTILITY IDENTIFICATION 0 4 4 0 8 1,300.00$-$1,300.00$ 4 4 8 1,300.00$AirX $ 1,300.00 Task 4 – 90% PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) SUBMITTAL 10 54 145 0 209 31,935.00$ $ - $ 31,935.00 4.1 - 90% PLANS 6 40 129 0 175 26,275.00$-$26,275.00$ Title Sheet (1 Sheet)1 1 135.00$ $ 135.00 Legend, Abbreviations and General Notes Sheets (1 Sheet)1 2 3 460.00$ $ 460.00 Key Map (1 Sheet)1 5 6 865.00$ $ 865.00 Improvement Plans and Profiles (3 Sheets)12 40 52 7,680.00$ $ 7,680.00 Curb Ramp Staking Plan (1 Sheet)8 20 28 4,220.00$ $ 4,220.00 Construction Details (2 Sheets)2 8 25 35 5,315.00$ $ 5,315.00 Signing and Striping Plans (1 Sheet)1 2 16 19 2,750.00$ $ 2,750.00 Traffic Signal Plan (1 Sheet)3 8 20 31 4,850.00$ $ 4,850.00 4.2 - OPINION OF PROBABLE CONSTRUCTION COST 1 2 16 0 19 2,750.00$-$2,750.00$ 1 2 16 19 2,750.00$ $ 2,750.00 4.3 - STANDARD SPECIAL PROVISIONS/SPECIFICATIONS 1 8 0 0 9 1,730.00$-$1,730.00$ 1 8 9 1,730.00$ $ 1,730.00 4.4 - COMMENT RESOLUTION 2 4 0 0 6 1,180.00$-$1,180.00$ 2 4 6 1,180.00$ $ 1,180.00 Task 5 – 100% PLANS AND ENGINEER'S OPINION OF PROBABLE CONSTRUCITON COST 3 25 57 0 85 13,075.00$ $ - $ 13,075.00 5.1 - 100% PLANS 2 18 55 0 75 11,265.00$-$11,265.00$ Title Sheet (1 Sheet)1 1 135.00$ $ 135.00 Legend, Abbreviations and General Notes Sheets (1 Sheet)1 1 135.00$ $ 135.00 Key Map (1 Sheet)1 5 6 865.00$ $ 865.00 Improvement Plans and Profiles (3 Sheets)8 20 28 4,220.00$ $ 4,220.00 Curb Ramp Staking Plan (1 Sheet)4 8 12 1,840.00$ $ 1,840.00 Construction Details (2 Sheets)2 6 8 1,190.00$ $ 1,190.00 Signing and Striping Plans (1 Sheet)1 4 5 730.00$ $ 730.00 Traffic Signal Plan (1 Sheet)2 2 10 14 2,150.00$ $ 2,150.00 5.2 - OPINION OF PROBABLE CONSTRUCTION COST 0 2 2 0 4 650.00$-$650.00$ 2 2 4 650.00$ $ 650.00 5.3 - STANDARD SPECIAL PROVISIONS/SPECIFICATIONS OUTLINE 0 4 0 0 4 760.00$-$760.00$ 4 4 760.00$ $ 760.00 5.4 - COMMENT RESOLUTION 1 1 0 0 2 400.00$-$400.00$ 1 1 2 400.00$ $ 400.00 Task 6 – FINAL MYLARS 0 4 14 0 20 2,870.00$ $ - $ 2,870.00 6.1 - FINALIZE PS&E PACKAGE 0 2 10 0 12 1,730.00$-$1,730.00$ 2 10 12 1,730.00$ $ 1,730.00 6.2 - PREPARE MYLARS 0 2 4 0 8 1,140.00$-$1,140.00$ 2 4 8 1,140.00$ $ 1,140.00 Task 7 – BID AND CONSTRUCTION PHASE SERVICES 5 5 10 0 20 3,350.00$ $ - $ 3,350.00 7.1 - BID PHASE AND CONSTRUCTION SERVICES 5 5 10 0 20 3,350.00$-$3,350.00$ 5 5 10 20 3,350.00$ $ 3,350.00 Task 8 – RECORD DRAWINGS 0 4 6 0 10 1,570.00$ $ - $ 1,570.00 8.1 - PREPARE RECORD DRAWINGS 0 4 6 0 10 1,570.00$-$1,570.00$ Expenses 1,000.00$ Total 37 123 309 6 477 $ 74,005 $ 7,925 $ 82,930 City of San Menifee - Menifee Road and Garbani Road Improvements Total CostProfessional II Professional I Total KHA Hours Subconsultant 8/4/2020 Sub Cost KHA CostAnalyst I Sr. Project Support 10.12.a Packet Pg. 293 Attachment: Letter of Agreement [Revision 2] (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 CITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT CIP 21-11: MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”)) SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of _____, 2020 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Kimley-Horn and Associates, Inc., a A North Carolina Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on August 19, 2020 and shall end on June 30, 2021 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant represents and warrants that Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder. 10.12.b Packet Pg. 294 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -2- 1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed EIGHTY TWO THOUSAND NINE HUNDRED THIRTY DOLLARS AND ZERO CENTS ($82,930.00) not withstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion; d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed; g. The Consultant Representative’s signature. Invoices shall be submitted to: City of Menifee Attn: Accounts Payable 10.12.b Packet Pg. 295 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -3- 29844 Haun Road Menifee, CA 92586 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed. 2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice. 2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SECTION 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 10.12.b Packet Pg. 296 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -4- SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles. b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 10.12.b Packet Pg. 297 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -5- Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 10.12.b Packet Pg. 298 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -6- 4.4 All Policies Requirements. a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CIP 21-11: MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”)) SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The 10.12.b Packet Pg. 299 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -7- Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. SECTION 5. INDEMNIFICATION. 5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. 5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall 10.12.b Packet Pg. 300 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -8- indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. 5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. 5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. SECTION 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 10.12.b Packet Pg. 301 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -9- 7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors. 7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. SECTION 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. 8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City. 10.12.b Packet Pg. 302 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -10- 8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement. 8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following: a. Immediately terminate this Agreement; b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services. 10.12.b Packet Pg. 303 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -11- SECTION 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. 9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. 9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 10.12.b Packet Pg. 304 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -12- SECTION 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County. 10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Leo Espelet, Assistant Secretary (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 10.8 City Contract Administration. This Agreement shall be administered by a City employee, Run Chen, Senior Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. 10.9 Notices. Any written notice to Consultant shall be sent to: 10.12.b Packet Pg. 305 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -13- Kimley-Horn and Associates, Inc. Attn: Leo Espelet, Assistant Secretary 401 B STREET, SUITE 600 SAN DIEGO, CA 92101 Any written notice to City shall be sent to the Contract Administrator at: City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: Run Chen, Senior Engineer with a copy to: City Clerk City of Menifee 29844 Haun Road Menifee, CA 92586 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example. __________________________________________ Seal and Signature of Registered Professional with report/design responsibility. 10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12.b Packet Pg. 306 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -14- 10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. 10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. 10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page] 10.12.b Packet Pg. 307 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a02/04/20 -15- IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date. CITY OF MENIFEE Armando G. Villa, City Manager Attest: Sarah A. Manwaring, City Clerk Approved as to Form: Jeffrey T. Melching, City Attorney CONSULTANT Dennis Landaal, Senior Vice President Leo Espelet, Assistant Secretary [Corporation must have two signatures] 10.12.b Packet Pg. 308 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -2- EXHIBIT A SCOPE OF SERVICES Services shall include Civil Design Plans, Specifications and Estimate (PS&E) services for the CIP 21-11: Menifee Road and Garbani Road Traffic Signal Project in the not to exceed amount of EIGHTY TWO THOUSAND NINE HUNDRED THIRTY DOLLARS AND ZERO CENTS ($82,930.00) as further detailed in the following pages 10.12.b Packet Pg. 309 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -3- 10.12.b Packet Pg. 310 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -4- 10.12.b Packet Pg. 311 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -5- 10.12.b Packet Pg. 312 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -6- 10.12.b Packet Pg. 313 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -7- 10.12.b Packet Pg. 314 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -8- 10.12.b Packet Pg. 315 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -9- 10.12.b Packet Pg. 316 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) 2671/031858-0001 7630376.2 a00/00/00 -10- 10.12.b Packet Pg. 317 Attachment: Agreement (Kimley-Horn)(CIP 21-11) (2620 : Traffic Signal - Kimley-Horn Design Agreement, CIP 21-11) CITY OF MENIFEE SUBJECT: Agreement with Hardy & Harper, Inc. for the Hillpointe Resurfacing Project, CIP 21-12 MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Diego Guillen, Associate Engineer REVIEWED BY: Carlos Geronimo, Senior Civil Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute Owner-Contractor Agreement with Hardy & Harper, Inc. for the Hillpointe Resurfacing Project, CIP 21-12 in the amount of $606,000; and 2. Authorize the City Engineer to execute change orders(s) for unanticipated expenditures required to execute the construction of the project, in the amount not-to-exceed 10% of the contract amount or $60,600; and 3. Direct Finance Department to transfer necessary funds as directed in the Fiscal Impact Section. DISCUSSION The project improvements consist of resurfacing the existing road by doing a grind and overlay. There will be 18 existing non-compliant accessible curb ramps that will be removed and replaced with compliant accessible curb ramps. The length of the project along this neighborhood is approximately 1.3 linear miles and will rehabilitate approximately 245,000 square feet (5.62 acres) of existing pavement. The Project will include the following streets for resurfacing: Hillpointe Resurfacing Road Name From To Moonridge Drive Cul-de-sac (west side) Antelope Road Hillpointe Drive McCall Boulevard Grand Avenue 10.13 Packet Pg. 318 City of Menifee Staff Report Hardy & Harper Inc. Agreement, CIP 21-12 Hillpointe Resurfacing October 7, 2020 Page 2 of 4 Deerskin Drive Hillpointe Drive Cannon Drive Cloud Dance Court Hillpointe Drive Cannon Drive Cactus Flower Drive Moonridge Drive Grand Avenue Spring Meadow Court Moonridge Drive End of Cul-de-sac Cannon Drive Cloud Dance Court Grand Avenue Raindance Drive Cactus Flower Drive Red Dawn Drive Red Dawn Drive Raindance Drive Grand Avenue This project was advertised twice as required by the California Public Contract Code (CPCC). An electronic bid opening for the above-mentioned project was held on September 3, 2020 at 3:00 pm. Below are the results of the bid opening. A total of 11 sealed bids were received as follows: Bids Received 09/3/2020 Bidders (Lowest to Highest) Base Bid Amount Additive Bid “A” mount Total Bid Amount Engineer’s Estimate $731,900.00 $27,500.00 $759,400.00 Hardy and Harper $594,560.00 $11,440.00 $606,000.00 Copp Contracting Inc. $611,017.50 $ 5,700.00 $616,717.50 All American Asphalt $617,683.10 $12,100.00 $629,783.10 Onyx Paving $616,000.00 $ 17,000.00 $633,000.00 R.J. Noble Company $621,328.00 $15,000.00 $636,328.00 Mvc Enterprises Inc. $731,124.75 $ 7,500.00 $738,624.75 Hillcrest Contracting $739,578.02 $13,100.00 $752,678.02 NPG, Inc. $777,280.00 $17,050.00 $794,330.00 Vance Corporation $783,182.00 $16,000.00 $799,182.00 10.13 Packet Pg. 319 City of Menifee Staff Report Hardy & Harper Inc. Agreement, CIP 21-12 Hillpointe Resurfacing October 7, 2020 Page 3 of 4 EBS General $883,728.00 $13,035.00 $896,763.00 LC Paving & Sealing $908,265.12 $28,925.00 $937,190.12 City Staff reviewed the lowest bid from Hardy and Harper, Inc. and determined their bid meets all of the requirements of the contract documents for responsiveness and responsibility. Staff recommends City Council award the attached agreement to Hardy & Harper Inc. and authorize the City Engineer to execute any necessary change orders in an amount not-to-exceed 10% of the contract. Construction management and inspection will be performed by City staff; material testing and labor compliance will be performed by a City consultant. Construction costs for the project are attached and outlined below as follows: Construction Contract: $606,000 Construction Contingency: $60,600 Consultant Labor Compliance: $11,480 Construction Management/Inspection (City) $10,000 Materials Testing/Geotechnical $15,560 Total Construction Cost: $703,640 Tentative Project Schedule: Anticipated Construction Start Date: October 28, 2020 Estimated Construction Completion Date: January 1, 2021* Estimated Council Acceptance Date: February 15, 2021 *Assumes no delays due to weather or unforeseen conditions. ENVIRONMENTAL IMPACT The proposed use has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Class 1 includes the following example of a project that would be exempt under this section: (c) [minor alterations to] Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The project is for the resurfacing, restriping, and addition of signage of an existing paved road. The proposed 10.13 Packet Pg. 320 City of Menifee Staff Report Hardy & Harper Inc. Agreement, CIP 21-12 Hillpointe Resurfacing October 7, 2020 Page 4 of 4 improvement is a negligible expansion of the existing use. The improvements described above are considered repair and maintenance to existing streets or similar facilities. The project is exempt per Section 15301. The proposed project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3). There is no possibility that the activity in question will have a significant effect on the environment because the proposed project is occurring in an area that is heavily disturbed and is not environmentally sensitive. FISCAL IMPACT The additional request will modify the approved FY 2020-21 CIP Budget with the following transfer: Description Available Funds From Account Project To Account Requested funds Measure A- Pavement Mgmt Program $319,286 220-4555- 58011 Hillpointe Comm. Asphalt overlay Project 220-4555- 58110 $319,286.00 Gas Tax-Pavement Mgmt Program $411,369 200-4555- 58011 Hillpointe Comm. Asphalt overlay Project 200-4555- 58110 $137,589.00 Measure DD- Pavement Mgmt Program $726,220 105-4555- 58011 Hillpointe Comm. Asphalt overlay Project 105-4555- 58110 $246,765.00 Total $1,456,875 $703,640.00 ATTACHMENTS 1. CIP 21-12 Hillpointe Resurfacing 2. Bid Summary Table 3. Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) 10.13 Packet Pg. 321 STOPSTOP STOPAHEADSTOPSTOPSTOP STOP AHEAD STOPSTOP STOP STOP STOPSTOPMcCALL BLVDVIA ENTRADAHILLPOINTE DRMOONRI D G E D R MOONRIDGE DR ANTELOPE RDCLOUD DANCE CT DEERSKIN DR GRAND AVE CANNON DRCACTUS FLOWER DRRAIN DANCE DR RED DAWN DREAGLE CREST DR HILLPOINTE DRSPRING MEADOW CTSHEET 4 SHEET 4 SHEET 5SHEET 6SHEET 3SHEET 3SHEET 6 SHEET 5SHEET 5SHEET 5SHEET 6KEY MAP N.T.S. CIP 21-12 HILLPOINTE RESURFACING 10.13.a Packet Pg. 322 Attachment: CIP 21-12 Hillpointe Resurfacing (2668 : Hardy & Harper Inc. Agreement, CIP 21-12 Hillpointe Resurfacing) 10.13.b Packet Pg. 323 Attachment: Bid Summary Table (2668 : Hardy & Harper Inc. Agreement, CIP 21-12 Hillpointe Resurfacing) 290/031858-0008 7645681.2 a08/09/19 Page 1 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP 21-12 HILLPOINTE RESURFACING PROJECT This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and HARDY & HARPER (“Contractor”), whose principal business address is 32 Rancho Circle, Lake Forest, CA 92630 on the ________ day of ______________, 20__. In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 20-12 HILLPOINTE RESURFACING PROJECT to be constructed at the Citywide (Throughout City) in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void. 2. CONTRACT PRICE Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 10.13.c Packet Pg. 324 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a08/09/19 Page 2 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] 6. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age. 7. AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 8. WORKERS’ COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to 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 Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to 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 Agreement.” 9. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 10.13.c Packet Pg. 325 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a08/09/19 Page 3 10. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested. 11. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. 12. LICENSES AND PERMITS Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 13. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch 14. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 15. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: 10.13.c Packet Pg. 326 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a08/09/19 Page 4 (Initial) (Initial) 16. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: City of Menifee By: Armando G. Villa, City Manager CONTRACTOR: HARDY & HARPER By: Name: Michael Murray, Its: Vice President______ APPROVED AS TO FORM: By: Jeffrey T. Melching, City Attorney By: Name: Kristen S. Paulino, Its: Corporate Secretary ATTEST: By: Sarah A. Manwaring, City Clerk Contractor’s City Business License No. 215952, Class A, C-8, C12 State Contractor License No. & Class 32 Rancho Circle Street Address Lake Forest, CA 92630 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] 10.13.c Packet Pg. 327 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a08/09/19 Page 5 EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards 10.13.c Packet Pg. 328 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a08/09/19 Page 6 EXHIBIT B CONTRACT PRICE Six Hundred Six Thousand Dollars and Zero Cents ($606,000.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. 10.13.c Packet Pg. 329 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a00/00/00 Page 7 10.13.c Packet Pg. 330 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a00/00/00 Page 8 10.13.c Packet Pg. 331 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a00/00/00 Page 9 10.13.c Packet Pg. 332 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a00/00/00 Page 10 10.13.c Packet Pg. 333 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a00/00/00 Page 11 10.13.c Packet Pg. 334 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a00/00/00 Page 12 10.13.c Packet Pg. 335 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- 290/031858-0008 7645681.2 a00/00/00 Page 13 10.13.c Packet Pg. 336 Attachment: Owner-Contractor Agreement (Hardy & Harper) (CIP 21-12 Hillpointe Resurfacing) (2668 : Hardy & Harper Inc. Agreement, CIP 21- CITY OF MENIFEE SUBJECT: Grant Deed for Open Space Lots for TM 28859, Oak Hills Development by Woodside Homes MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Haile Ford, Senior Engineer REVIEWED BY: Yolanda Macalalad, Assistant City Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Approve, Accept and Authorize Filing of Grant Deed for Open Space Lots 28, 34, 164 and 165 of Tract Map 28859 (TM 28859), Oak Hills development located west of Valley Boulevard and north of Ridgemoor Road, by Woodside O5S, LP. DISCUSSION The attached Grant Deed for Tract Map 28859 (TM 28859), is to grant the City ownership and maintenance of four open space lots (Lots 28, 34, 134 and 165) of Tract Map 28859, a development of 161 Single Family Residential homes located west of Valley Boulevard and north of Ridgemoor Road, as shown in the attached Exhibit A. The developer, Woodside O5S, LP, or Woodside Homes, is the current owner of the open space lots and is requesting the City take ownership in order for the citywide CFD to maintain the lots for storm drain and open space maintenance purposes. Tract Map 28859 have been annexed into the City’s Community Facilities District (CFD) No. 2017-1 at the May 20, 2020 City Council meeting. Staff reviewed the request and has determined that the Grant Deed forms meet the requirements of the project conditions. FISCAL IMPACT There is no fiscal impact on the General Fund, the costs of processing and reviewing the Grant Deed was paid for by Woodside Homes. The maintenance of the four open space lots will be funded by the special taxes collected from the 161 homes in this development for being annexed into the citywide CFD 2017-1. ATTACHMENTS 1. Grant Deed 2. EXHIBIT A - Location Map for TR 28859 10.14 Packet Pg. 337 10.14.a Packet Pg. 338 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 339 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 340 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 341 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 342 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 343 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 344 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 345 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 346 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) 10.14.a Packet Pg. 347 Attachment: Grant Deed (2678 : Grant Deed for Open Space Lots for TM 28859) VICINITY MAP TRACT 28859 10.14.b Packet Pg. 348 Attachment: EXHIBIT A - Location Map for TR 28859 (2678 : Grant Deed for Open Space Lots for TM 28859) CITY OF MENIFEE SUBJECT: Temporary Emergency Access Agreement for the Fairfield Inn at Menifee Town Center MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Yolanda Macalalad, Assistant City Engineer REVIEWED BY: Yolanda Macalalad, Assistant City Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Approve the Temporary Emergency Access Agreement with SH-Menifee LLC, for the Fairfield Inn hotel at Menifee Town Center development. DISCUSSION SH-Menifee LLC (Sagemont Hotels), the developer of the new Fairfield Inn in the Menifee Town Center, is requesting the approval of a Temporary Emergency Access Agreement with the City of Menifee. The developer built the new Fairfield Inn in the Town Center development (Parcel Map 36299-1). The hotel is located southerly of Newport Road, on the west side of Town Center Drive, and immediately north of the City owned parcel which will be the site for the future Menifee City Hall. Located north of the Fairfield Inn are two other Town Center parcels which will be developed into a retail center called Menifee Plaza, and a Medical Office building (MOB). The attached Exhibit A shows the locations of these future developments and the future Menifee City Hall, in relation to the recently completed Fairfield Inn. The Menifee Plaza retail center, the MOB and the Fairfield Inn hotel were all conditioned to build a secondary access from Newport Road adjacent to Menifee Plaza and traversing the three parcels. This planned secondary access is to provide the emergency access for all three developments. While considerable effort was made by the City and the developers to coordinate the timing for the development of all three projects, the expected construction timing for all three did not occur. Fairfield Inn completed first and is now ready to open in a few weeks; Menifee Plaza is currently grading and have pulled building permits with a construction completion schedule of 6-9 months; and it is uncertain as to when the MOB will come in and start construction. As a result, the expected secondary access off Newport Road cannot be built in time for the opening of the Fairfield Inn. As an alternative solution, SH-Menifee LLC requested a temporary 10.15 Packet Pg. 349 City of Menifee Staff Report Temporary Emergency Access for Fairfield Inn at Town Center October 7, 2020 Page 2 of 2 emergency access through the City owned parcel south of the hotel (see attached Exhibit A). The developer submitted a plan to construct the secondary access. Staff evaluated the alternative and reviewed the plan and determined that the alternative is acceptable, provided the developer enters into an agreement with the City that includes the following conditions: 1. The access is for emergency purposes only and should be temporary until the ultimate secondary access off Newport Road is built, or until terminated by the City. 2. The agreement shall include provisions to ensure the City is protected from any liability claims that may result from the use of the temporary access. 3. The developer shall be responsible for all costs associated with the construction of the temporary access. 4. The developer shall post security to guarantee the restoration of the impacted improvements on the Fairfield Inn site, and of the City owned parcel. 5. Upon termination of the Agreement, the developer shall restore the impacted Fairfield Inn improvements as designed, and the impacted City parcel to its original condition. The Agreement was prepared by the City Attorney’s Office, reviewed by City staff, and accepted by the developer. Approval of the Agreement will facilitate the issuance of occupancy for the Fairfield Inn and meet its scheduled opening in mid-October. FISCAL IMPACT There is no fiscal impact on the General fund. SH-Menifee, LLC paid all costs associated with the preparation of plans and the recommended Agreement. ATTACHMENTS 1. Exhibit A - Temporary Emergency Access, Fairfield Inn 10.15 Packet Pg. 350 10.15.a Packet Pg. 351 Attachment: Exhibit A - Temporary Emergency Access, Fairfield Inn (2683 : Temporary Emergency Access for Fairfield Inn at Town Center) CITY OF MENIFEE SUBJECT: Fiscal Year 2020/21 On-Call Striping Services Agreement with Superior Pavement Markings, Inc. MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Margarita Cornejo, Financial Services Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Approve Owner-Contractor Agreement with Superior Pavement Markings, Inc. for a not- to-exceed amount of $100,000 for Fiscal Year On-Call 2020/21 Citywide Roadway Striping Services; and 2. Authorize the City Manager to execute four additional one-year amendments for a not- to-exceed annual amount of $100,000 per amendment, as deemed necessary. DISCUSSION The City of Menifee Public Works and Engineering Department, Maintenance & Operations Division (Division), oversees the on-going maintenance of the existing City roadway system. As part of its annual maintenance program, the Division performs road striping services. Well maintained Citywide roadway striping ensures roadway directions and markings are visible to drivers and pedestrians under all conditions. To ensure adequate service and attention are provided throughout the nearly 50-square-mile City area, the City combines the efforts of in-house staff with contract services for the provision of road striping services. For Fiscal Year (FY) 2020/21, the City completed a formal sealed bid process, pursuant to the California Public Contract Code. A Notice Inviting Bids (NIB) was published in The Press-Enterprise on June 16, 2020 and June 23, 2020, inviting formal bids for Project No. PW 20-01, On-Call Citywide Roadway Striping Services, with bids due no later than July 1, 2020. Additionally, the NIB and bid documents were posted on the City’s PlanetBids vendor portal. Staff prepared bid schedules that would be representative of the Contractor’s unit prices at different levels of service which included an estimated annual quantity so that potential contractor bids would be evaluated the same way. The bid amounts are for evaluation purposes 10.16 Packet Pg. 352 City of Menifee Staff Report FY 2020/21 On-Call Striping Services Agreement October 7, 2020 Page 2 of 2 only with the understanding that the City will not exceed the allocated amounts for the required services. The bid opening for PW 20-01: On-Call Citywide Roadway Striping Services was held on July 1, 2020, at 3:00 pm. A total of three bid responses were received and are summarized below: Name Amount ($) Superior Pavement Markings Inc $110,020 Safe USA $147,850 PCI $185,350 The bid response received from Superior Pavement Markings, Inc. was reviewed for responsiveness and responsibility, and staff determined Superior Pavement Markings, Inc. as the lowest responsible bidder. FISCAL IMPACT The FY 2020/21 fiscal impact of the proposed agreement with Superior Pavement Markings, Inc. for On-Call Citywide Roadway Striping Services is $100,000. Funding for this agreement is included as part of the FY 2020/21 adopted budget within Account # 200-4552-52600 (Street Maintenance). The total potential fiscal impact, if all four, one-year renewal options are exercised, is $500,000. The additional $400,000 cost beyond FY2020/21 would be budgeted as part of the corresponding fiscal year(s). No additional budget appropriation action is required. ATTACHMENTS 1. Agreement (Superior Pavement)(2020/21 Striping Svcs) 10.16 Packet Pg. 353 290/031858-0008 7645681.2 a08/09/19 Page 1 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT FISCAL YEAR 2020/21 ON CALL CITYWIDE ROADWAY STRIPING SERVICES This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and SUPERIOR PAVEMENT MARKINGS, INC (“Contractor”), whose principal business address is P.O. BOX 278, BEAUMONT, CA 92223 on the ________ day of ______________, 20__. In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the FISCAL YEAR 2020/21 ON CALL CITYWIDE ROADWAY STRIPING SERVICES to be constructed at the Citywide (Throughout City) in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void. 2. CONTRACT PRICE Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 10.16.a Packet Pg. 354 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 2 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] 6. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age. 7. AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 8. WORKERS’ COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to 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 Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to 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 Agreement.” 9. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 10.16.a Packet Pg. 355 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 3 10. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested. 11. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. 12. LICENSES AND PERMITS Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 13. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch 14. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 15. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: 10.16.a Packet Pg. 356 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 4 (Initial) (Initial) 16. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: City of Menifee By: Armando G. Villa, City Manager CONTRACTOR: By: Name: John Lucas, President______ Its: APPROVED AS TO FORM: By: Jeffrey T. Melching, City Attorney By: Name: Darren Veltz, CFO Its: ATTEST: By: Sarah A. Manwaring, City Clerk Contractor’s City Business License No. 776306, C-32 State Contractor License No. & Class P.O. BOX 278 Street Address BEAUMONT, CA 92223 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] 10.16.a Packet Pg. 357 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 5 EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards 10.16.a Packet Pg. 358 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 6 EXHIBIT B CONTRACT PRICE One Hundred Thousand Dollars and Zero Cents ($100,000.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. 10.16.a Packet Pg. 359 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 7 10.16.a Packet Pg. 360 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 8 10.16.a Packet Pg. 361 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 9 10.16.a Packet Pg. 362 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 10 10.16.a Packet Pg. 363 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 11 10.16.a Packet Pg. 364 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 12 10.16.a Packet Pg. 365 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 13 10.16.a Packet Pg. 366 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 14 10.16.a Packet Pg. 367 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 15 10.16.a Packet Pg. 368 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 16 10.16.a Packet Pg. 369 Attachment: Agreement (Superior Pavement)(2020/21 Striping Svcs) (2583 : FY 2020/21 On-Call Striping Services Agreement) CITY OF MENIFEE SUBJECT: Veteran Street Naming Policy MEETING DATE: October 7, 2020 TO: Mayor and City Council PREPARED BY: Samantha Rodriguez, Senior Management Analyst REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Discuss Veteran Street Naming Policy options and provide City staff with further direction. DISCUSSION The City Council requested a discussion on the possibility of a program to name City streets after military veterans with exemplary service. The City’s current street naming procedures review consistency between developer and public needs, legal parameters, and street naming conventions. All street name proposals and changes are sent to Riverside County Geographic Information Services (GIS) to verify with emergency services that there are no similar sounding names within a 10-mile radius. Street name proposals must also meet certain naming conventions such as not having more than 14 letters in the name or have difficult pronunciation. City staff researched policies/programs for naming city streets after military veterans and although other cities have streets named after veterans with exemplary service, most are approved on a case-by-case basis and not under a formal policy. If the City Council were to implement a policy for naming city streets after veterans, the following criteria could be considered: • Relationship to the City of Menifee: provide any supporting documentation the nominee resided within the Menifee City Limits since its incorporation in 2008 or the Menifee area when farming activity began in the mid-1800s. Possible consideration for a minimum length of time such as five years. • Veteran of the United States Armed Forces – Army, Navy, Marine Corps, Air Force, Coast Guard and Space Force. • Verification of Honorable Service – applicants must submit proof of honorable service via the service members DD214 Certificate of Release or Discharge from Active Service. • Meritorious Achievement: o Silver Star - 3rd highest Military Honor o Military Service Cross – 2nd Highest Military Honor 12.1 Packet Pg. 370 City of Menifee Staff Report Street Naming Policy October 7, 2020 Page 2 of 2 o Medal of Honor – Highest Military Honor • Request are posthumous only. • Request go before City Council for final approval. If the City Council provides direction to staff to move forward with a military veteran street naming policy with certain criteria, staff will draft a formal policy and application procedures to bring back to City Council for consideration. FISCAL IMPACT The attached Menifee Summary of User Fees, adopted by City Council December 5, 2018, requires a $480 application fee for a street name change without a map. Any additional costs associated with the production or maintenance of signs will be included in each Fiscal Year Gas Tax Sign Maintenance and Replacement (Account 200-4552-51502) budget. ATTACHMENTS 1. Summary of User Fees 2. City of Menifee Public Works Dept Standard Details 2015 12.1 Packet Pg. 371 12.1.aPacket Pg. 372Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 373Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 374Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 375Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 376Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 377Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 378Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 379Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 380Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.aPacket Pg. 381Attachment: Summary of User Fees [Revision 1] (2639 : Street Naming Policy) 12.1.b Packet Pg. 382 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 383 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 384 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 385 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 386 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 387 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 388 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 389 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 390 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 391 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy) 12.1.b Packet Pg. 392 Attachment: City of Menifee Public Works Dept Standard Details 2015 (2639 : Street Naming Policy)