2020-11-04 City Council Regular MEETING - Agenda PacketCity Council Chambers Menifee City Council
Via RingCentral (see below) Regular Meeting Agenda
Menifee, CA 92586
Wednesday, November 4, 2020
5:30 PM Closed Session
Bill Zimmerman, Mayor 6:00 PM Regular Meeting
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 (5:30 P.M.)
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
Tony Falco and Rosa Falco v. City of Menifee
Riverside County Superior Court Case No. MCC1700399
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
Thomas P. Fuhrman v. City of Menifee
Riverside County Superior Court Case No. MCC1600382
REGULAR MEETING (6:00 P.M.)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Ryan Sharp, Impact Church
4. PLEDGE OF ALLEGIANCE
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, November 4, 2020
Page 2 of 5
5. PRESENTATIONS
5.1. Woman of the Year Vicki Carpenter
5.2. MMASC Excellence in Government Award
5.3. Senator Mike Morrell Proclamation
6. AGENDA APPROVAL OR MODIFICATIONS
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 Minutes of October 7, 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 10/9/2020, the Payroll Register/Other
EFT’s dated 10/2/2020, 10/6/2020, 10/9/2020, 10/15/2020 and 10/16/2020 have a
total budgetary impact of $1,528,765.40.
10.3. K9 Aftermath Grant Award
RECOMMENDED ACTION
Adopt a Resolution appropriating the grant funds awarded from Aftermath Services,
LLC. for the Aftermath K9 grant in the amount of $250.00.
10.4. Replacement Computers Under the C.A.R.E.S. Act
RECOMMENDED ACTION
1. Approve the purchase of laptops and associated accessories from GHA Technologies,
Inc. (GHA) in the amount of $113,868.42 including tax and delivery from Account
number 301-4221-52214 (CARES Act Funds) and 110-4115-53155 (Capital Outlays);
and
2. Exempt purchase from competitive bidding as purchase will be made under a
cooperative purchasing (piggyback) agreement as allowed under the Menifee
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, November 4, 2020
Page 3 of 5
Municipal Code Section 3.12.070 (6) with the National Cooperative Purchasing
Alliance (NCPA) Contract #01-97.
10.5. Plot Plan No. PLN20-0167 "Boulders Mixed Use Project" IS-MND Agreements
RECOMMENDED ACTION
1. Approve a Developer Reimbursement Agreement between the City of Menifee and
Boulders Menifee, LLC related to the Plot Plan No. PLN20-0167 Project, located
on the northeast corner of Normandy Road and Berea Road,: CEQA Technical
Studies and Initial Study-Mitigated Negative Declaration (IS-MND) preparation;
and
2. Adopt a Resolution appropriating $119,724 from available fund balance to Account
#100-4330-52825 (Professional Services (Recoverable)); and
3. Approve a Professional Services Agreement with LSA Associates, Inc. in the not-
to-exceed amount of $108,840 for CEQA Technical Studies and Initial Study-
Mitigated Negative Declaration (IS-MND) for the Plot Plan No. PLN20-0167
Project; and
4. Authorize City Manager to execute the agreement and approve necessary contract
amendment(s) up to 10% or $10,884.
10.6. Newport Pointe Project Agreement Amendment
RECOMMENDED ACTION
Approve Amendment No. 1 to Professional Services Agreement with Michael Baker
International, Inc. for Technical Studies and Initial Study-Mitigated Negative
Declaration (IS-MND) for the Newport Pointe Project extending the term of services
through December 31, 2021.
10.7. Grant Deed / Open Space Easement for TM 28859, Woodside Sky View
RECOMMENDED ACTION
Adopt a Resolution confirming approval of the Certificate of Acceptance for Grant
Deed for Open Space for Tract Map 28859 (TM 28859).
10.8. 10% Warrantee Bond Release for Tract Map 34180, Lennar Homes of California Inc.
RECOMMENDED ACTION
Approve the release of the 10% Warrantee Surety Rider for Public Improvements
associated with Tract Map No. 34180, which is a development of 30.12 acres located
in Heritage Lake on the southwest corner of Grand Avenue and Briggs Road.
10.9. Riverside County Flood Control District Agreement for Tract Maps 28791, 28792 and
28793, Pacific Mayfield by Lennar Homes of California, Inc. Regarding Evans Road
Storm Drain Stage 3 and Silicate Drive Storm Drain Stage 2
RECOMMENDED ACTION
1. Approve a Cooperative Agreement among the Riverside County Flood Control and
Water Conservation District, the City of Menifee, and Lennar Homes of California,
Inc. for the construction, ownership, operation and maintenance of the Evans
Road Storm Drain Stage 3 and Silicate Drive Storm Drain Stage 2; and
2. Authorize the City Manager to execute the Agreement.
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, November 4, 2020
Page 4 of 5
10.10. Bonds and Agreements for Tract Map 29835-2, -3, Underwood Development by KB
Home Coastal Inc.
RECOMMENDED ACTION
Approve and accept Bonds and Agreements associated with the proposed subdivision
of 87.47 acres of land into 65 lots for single-family residential use for Tract Map
29835-2 located northeast of Antelope Road and Chambers Avenue, and 29.45 acres
of land into 134 lots for single-family residential use for Tract Map 29835-3 located at
the northeast corner of Antelope Road and Rouse Road.
10.11. Grant of Easements for Landscape, Storm Drain and Water Quality Improvements for
Tract Maps 36485-2 and 36485-4, Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept grant of easement for Landscape and Maintenance purposes for certain
landscape improvements completed with the development of Tract Map 36485-2;
and
2. Accept grant of easement for Storm Drain and Water Quality purposes for certain
drainage improvements completed with the development of Tract Map 36484-4;
and
3. Authorize the City Manager or the City Engineer to sign the easement
documents.
10.12. Final Parcel Map 37674 for All Star Super Storage, LLC
RECOMMENDED ACTION
Approve and authorize the filing of Final Parcel Map 37674, located on Haun Road,
between Wickerd Road and Garbani Road, for All Star Super Storage, LLC (APN 360-
350-029).
10.13. Civil Pros, Inc. Agreement Amendment No. 1 for the Scott Road/Bundy Canyon Road
Widening Project, CIP 20-01
RECOMMENDED ACTION
1. Approve Amendment No. 1 to Professional Services Agreement with Civil Pros,
Inc. for the Scott Road/Bundy Canyon Road Widening Project, CIP 20-01,
providing funding for additional services in the amount of $81,980; and
2. Authorize the City Manager to execute Amendment No. 1 to the Professional
Services Agreement with Civil Pros, Inc.
10.14. Notice of Completion for the Citywide ADA and Pedestrian Safety Improvements Project,
CIP 17-05
RECOMMENDED ACTION
1. Accept the Improvements for the Citywide Americans with Disability Act (ADA) and
Pedestrian Safety Improvements Project, CIP 17-05; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Citywide ADA
and Pedestrian Safety Improvements Project, CIP 17-05, with the Riverside
County Recorder’s Office.
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, November 4, 2020
Page 5 of 5
10.15. California Transportation (Caltrans) Department Cooperative Agreement for
Environmental and Design Phase Review of the McCall Road/I-215 Interchange Project,
CIP 14-01
RECOMMENDED ACTION
Approve and execute the Cooperative Agreement between City of Menifee and the
California Transportation (Caltrans) Department for Environmental and Design Phase
Review of the McCall Road / I-215 Interchange Project, CIP 14-01.
ITEMS PULLED FROM CONSENT
11. PUBLIC HEARING ITEMS
None
12. DISCUSSION ITEMS
None
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
➢ 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
➢ 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 OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: November 4, 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 10/9/2020, the Payroll Register/Other EFT’s dated
10/2/2020, 10/6/2020, 10/9/2020, 10/15/2020 and 10/16/2020 have a total budgetary impact of
$1,528,765.40.
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 10/9/2020, the
Payroll Register/Other EFT’s dated 10/2/2020, 10/6/2020, 10/9/2020, 10/15/2020 and
10/16/2020 have a total budgetary impact of $1,528,765.40.
FISCAL IMPACT
As indicated above, Voucher List dated 10/9/2020, the Payroll Register/Other EFT’s dated
10/2/2020, 10/6/2020, 10/9/2020, 10/15/2020 and 10/16/2020 have a total budgetary impact of
$1,528,765.40, which is included in the 2020-2021 Budget.
ATTACHMENTS
1. voucher listing 10-09-2020
2. voucher CC details 10-9-2020
3. Payroll Register 11-04-2020
10.2
Packet Pg. 6
10/08/2020
Voucher List
City of Menifee
1
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46700 10/9/2020 01868 ADORAMA INC 27100820 PD MATERIALS & SUPPLIES 7.83
Total : 7.83
46701 10/9/2020 00990 ADVANCED EMISSIONS SPECIALISTS CK REQ 10/1 02768 CARES SMALL BUSINESS GRANT (ADVANCED EMI 5,000.00
Total : 5,000.00
46702 10/9/2020 01252 AMAZON CAPITAL SERVICES, INC.19JL-3MPH-MQW7 CSA 145 PARK SUPPLIES 73.92
44.56COVID-19 SUPPLIES19X1-QCPX-XJND
222.39PD MATERIALS & SUPPLIES1D1Q-1D99-VQ7F
1,107.30IT SUPPLIES1LYL-CNMW-NGY6
186.40FACILITY MAINT & SUPPLIES1TDW-3TD3-JLCD
Total : 1,634.57
46703 10/9/2020 00258 AMERICAN FORENSIC NURSES, INC 73700 02554 AUG'20 MENIFEE PD FORENSIC SERVICES 140.00
02554 165.00AUG'20 MENIFEE PD FORENSIC SERVICES73754
Total : 305.00
46704 10/9/2020 01272 BOOT BARN INC.INV00066470 FIELD STAFF BOOTS 125.27
Total : 125.27
46705 10/9/2020 00080 DOCU-TRUST 040876 DOC STORAGE & RETRIEVAL SVCS 630.22
Total : 630.22
46706 10/9/2020 00912 ENVIRONMENTAL SYSTEMS 93899064 02684 ARCGIS NETWORK ANALYST SOFTWARE LICENSIN 2,500.00
Total : 2,500.00
46707 10/9/2020 01533 FASTSIGNS TEMECULA 581-98638 CITY HALL OFFICE SUPPLIES 428.36
Total : 428.36
46708 10/9/2020 01929 FORENSIC NURSES OF SOCAL, INC 1355 02749 MENIFEE PD: FORENSIC SERVICES 400.00
02749 1,200.00MENIFEE PD: FORENSIC SERVICES1438
Total : 1,600.00
46709 10/9/2020 01857 KC GRAPHICS 41645 PRINTING SVCS FOR PD 407.81
268.61PRINTING SVCS FOR PD41646
1,975.01PRINTING SVCS FOR PD41647
1Page:
10.2.a
Packet Pg. 7 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
2
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 2,651.43 46709 10/9/2020 01857 01857 KC GRAPHICS
46710 10/9/2020 00840 KIMLEY-HORN AND ASSOCIATES, INC.17094666 02340 JUL'20 PROF SVCS FOR CEQA REVIEW SVCS 1,132.50
Total : 1,132.50
46711 10/9/2020 01450 LOCAL GOVERNMENT COMMISSION 104650 01622 ATP PROJECT & GRANT MGMT SVCS 1,796.25
Total : 1,796.25
46712 10/9/2020 01567 LOZANO SMITH LLP 2118024 AUG'20 CITY LEGAL SVCS 236.00
Total : 236.00
46713 10/9/2020 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 9/29 COMM SVCS INSTRUCTOR PAYMENT 4.90
Total : 4.90
46714 10/9/2020 01634 MEYERS RESEARCH LLC RC189-20B 02747 INDUSTRIAL DEMAND STUDY 7,843.17
Total : 7,843.17
46715 10/9/2020 00892 MSA SYSTEMS, INC.SGX15396 02586 ZEBRA MOBILE PRINTER FOR CROSSROADS SOFT 5,192.86
Total : 5,192.86
46716 10/9/2020 00991 NEW HUB AUTO SERVICE CK REQ 10/1 02769 CARES SMALL BUSINESS GRANT (NEW HUB AUTO 5,000.00
Total : 5,000.00
46717 10/9/2020 01761 P.L. PERRIN & ASSOCIATES 20-15 02270 PD POLYGRAPH SVCS 250.00
02270 500.00PD POLYGRAPH SVCS20-16
Total : 750.00
46718 10/9/2020 00716 PACIFIC MOBILE STRUCTURES, INC INV-00114589 02553 SEP'20 PD HQ LOCKER ROOMS & LEASE 3,120.05
02553 3,110.26SEP'20 PD HQ LOCKER ROOMS & LEASEINV-00114590
02553 3,120.05OCT'20 PD HQ LOCKER ROOMS & LEASEINV-00120209
02553 3,110.26OCT'20 PD HQ LOCKER ROOMS & LEASEINV-00120210
Total : 12,460.62
46719 10/9/2020 01467 PARRON-HALL CORPORATION 32398 02168 CIP 19-18 PD HQ FURNITURE & INSTALLATION 8,079.89
Total : 8,079.89
46720 10/9/2020 01905 PRIME GOVERNMENT SOLUTION INC, PRIMEGOV2020-282 02542 AGENDA MANAGEMENT SOFTWARE - PRIMEGOV 30,000.00
2Page:
10.2.a
Packet Pg. 8 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
3
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 30,000.00 46720 10/9/2020 01905 01905 PRIME GOVERNMENT SOLUTION INC, PRIMEGOV
46721 10/9/2020 01974 RHINO STEEL BUILDING, SYSTEMS, INC.I2020997 02773 CIP 16-13 PW MOC MODULAR BUILDING 4,736.06
Total : 4,736.06
46722 10/9/2020 00360 RIVERSIDE COUNTY, INFORMATION TECHNOLOGYR0038254 PD TELEPHONE MATERIALS & SUPPLIES 639.65
Total : 639.65
46723 10/9/2020 01860 ROSELAND PAINTING 11098 02509 PAINTING IMPROVEMENTS FIRE STATION 68 & 18,495.00
Total : 18,495.00
46724 10/9/2020 00962 RUTAN & TUCKER, LLP 875724 JUL'20 CITY LEGAL SVCS 6,064.50
97.50JUL'20 CITY LEGAL SVCS875725
1,404.00JUL'20 CITY LEGAL SVCS875726
5,368.17JUL'20 CITY LEGAL SVCS875728
599.00JUL'20 CITY LEGAL SVCS875729
4,761.00JUL'20 CITY LEGAL SVCS875730
2,917.26JUL'20 CITY LEGAL SVCS875731
138.34JUL'20 CITY LEGAL SVCS875732
1,840.00JUL'20 CITY LEGAL SVCS875733
690.00JUL'20 CITY LEGAL SVCS875734
4,088.00JUL'20 CITY LEGAL SVCS875735
18,057.90JUL'20 CITY LEGAL SVCS875736
2,898.00JUL'20 CITY LEGAL SVCS875737
92.00JUL'20 CITY LEGAL SVCS875784
Total : 49,015.67
46725 10/9/2020 00596 SATCOM DIRECT COMMUNICATIONS 7395736 AUG'20 EMERGENCY SATELLITE PHONE SVC 54.25
54.25AUG'20 EMERGENCY SATELLITE PHONE SVC7395737
54.25AUG'20 EMERGENCY SATELLITE PHONE SVC7395738
54.25AUG'20 EMERGENCY SATELLITE PHONE SVC7395739
54.25AUG'20 EMERGENCY SATELLITE PHONE SVC7395740
Total : 271.25
46726 10/9/2020 01318 SEARLE CREATIVE GROUP LLC 20286-ED 02662 FY 20/21 ON-CALL MARKETING SERVICES 3,191.06
Total : 3,191.06
46727 10/9/2020 01845 SPEAKWRITE LLC EE650F3D 02569 MENIFEE PD AS NEEDED DICTATION SERVICES 454.30
3Page:
10.2.a
Packet Pg. 9 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
4
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 454.30 46727 10/9/2020 01845 01845 SPEAKWRITE LLC
46728 10/9/2020 01228 SUN LIFE FINANCIAL 935452 -OCT'20 OCT'20 INSURANCE PREMIUMS 26,204.93
Total : 26,204.93
46729 10/9/2020 01695 SUSAN SAXE-CLIFFORD 20-0514-5 02289 MENIFEE PD PSYCHOLOGICAL EVALUATION SVCS 1,700.00
02289 425.00MENIFEE PD PSYCHOLOGICAL EVALUATION SVC20-0702-2
02289 425.00MENIFEE PD PSYCHOLOGICAL EVALUATION SVCS20-0708-1
02289 425.00MENIFEE PD PSYCHOLOGICAL EVALUATION SVC20-0716-1
02289 1,700.00MENIFEE PD PSYCHOLOGICAL EVALUATION SVCS20-0739-1
02289 425.00MENIFEE PD PSYCHOLOGICAL EVALUATION SVCS20-0917-2
Total : 5,100.00
46730 10/9/2020 00741 U.S. BANK CORP. PYMT. SYSTEM **0278 City Credit Card Charges 295.00
412.50City Credit Card Charges**0278
225.00City Credit Card Charges**0278
1,050.00City Credit Card Charges**0278
214.42City Credit Card Charges**0719
505.00City Credit Card Charges**0719
399.00City Credit Card Charges**1678
447.00City Credit Card Charges**1678
315.00City Credit Card Charges**1678
300.00City Credit Card Charges**1678
805.58City Credit Card Charges**1678
180.00City Credit Card Charges**3597
240.00City Credit Card Charges**3597
350.00City Credit Card Charges**3597
350.00City Credit Card Charges**3597
510.00City Credit Card Charges**3597
245.00City Credit Card Charges**3597
315.00City Credit Card Charges**3597
630.53City Credit Card Charges**4266
321.75City Credit Card Charges**4266
156.92City Credit Card Charges**4266
1,131.00City Credit Card Charges**4266
200.00City Credit Card Charges**4266
142.94City Credit Card Charges**5047
4Page:
10.2.a
Packet Pg. 10 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
5
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46730 10/9/2020 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM
1,302.11City Credit Card Charges**9261
120.07City Credit Card Charges**9261
156.48City Credit Card Charges**9261
360.75City Credit Card Charges**9911
729.21City Credit Card Charges**9911
146.00City Credit Card Charges**9911
168.00City Credit Card Charges**9911
220.00City Credit Card Charges**9911
605.97City Credit Card Charges**9911
829.20City Credit Card Charges**9911
120.00City Credit Card Charges**9911
590.25City Credit Card Charges**9962
Total : 15,089.68
46731 10/9/2020 00741 U.S. BANK CORP. PYMT. SYSTEM **1016 City Credit Card Charges 0.99
69.24City Credit Card Charges**3597
72.04City Credit Card Charges**3597
4.60City Credit Card Charges**3597
4.60City Credit Card Charges**3597
6.53City Credit Card Charges**3597
77.32City Credit Card Charges**4266
60.00City Credit Card Charges**4266
81.52City Credit Card Charges**4266
85.90City Credit Card Charges**4266
47.49City Credit Card Charges**5047
25.61City Credit Card Charges**5047
54.75City Credit Card Charges**9261
35.87City Credit Card Charges**9261
7.98City Credit Card Charges**9911
99.00City Credit Card Charges**9911
38.97City Credit Card Charges**9911
80.00City Credit Card Charges**9911
101.89City Credit Card Charges**9962
103.45City Credit Card Charges**9962
Total : 1,057.75
5Page:
10.2.a
Packet Pg. 11 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
6
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46732 10/9/2020 01768 V&V MANUFACTURING, INC 51457 MENIFEE POLICE BADGES 94.86
Total : 94.86
46733 10/9/2020 01401 VERIZON WIRELESS INV20397063 JUN'20 VEHICLE GPS SERVICE 948.00
Total : 948.00
46734 10/9/2020 00504 WALLACE & ASSOCIATES 20-04MENIFEE-20-02 02365 JUL'20 CIP 20-02 LABOR COMPLIANCE SERVIC 980.00
02308 170.00JUL'20 PMP 20-01 LABOR COMPLIANCE SERVIC20-05MENIFEE-20-01
02365 920.00AUG'20 CIP 20-02 ETHANAC & SHERMAN RD LA20-05MENIFEE-20-02
02308 300.00AUG'20 PMP 20-01 ARTERIAL RD LABOR COMPL20-06MENIFEE-20-01
Total : 2,370.00
46735 10/9/2020 01524 WRIGHT SEPTIC 29289 FIRESTATION #5 FACILITY MAINT 360.00
Total : 360.00
46736 10/9/2020 01812 ADAMSON POLICE PRODUCTS INV333949 02350 MENIFEE PD BALLISTIC HELMETS 11,494.88
02498 3,099.61MENIFEE PD AMMUNITIONSINV335569
Total : 14,594.49
46737 10/9/2020 00058 AMERICAN REPROGRAPHICS CO. LLC 10721459 PRINTING SVCS 238.13
Total : 238.13
46738 10/9/2020 01589 AMERICAN SOCIETY OF CIVIL, ENGINEERS ORANGE COUNTY200915COM JOB ADVERTISING/RECRUITMENT SVCS 150.00
Total : 150.00
46739 10/9/2020 01206 BACKFLOW TESTING BY PATRICK 1581 COMM SVCS BACKFLOW TESTING 45.00
45.00LLMD ZONE 3 BACKFLOW TESTING1582
45.00P/W BLACKFLOW TESTING1583
45.00LLMD ZONE 3 BACKFLOW TESTING1584
45.00LLMD ZONE 3 BACKFLOW TESTING1586
45.00CHERRY HILLS BLVD BACKFLOW TESTING1587
45.00LLMD ZONE 69 BACKFLOW TESTING1590
45.00LLMD ZONE 3 BACKFLOW TESTING1591
45.00LLMD ZONE 3 BACKFLOW TESTING1592
45.00LLMD ZONE 38 BACKFLOW TESTING1594
45.00LLMD ZONE 3 BACKFLOW TESTING1597
45.00LLMD ZONE 3 BACKFLOW TESTING1598
45.00LLMD ZONE 3 BACKFLOW TESTING1599
6Page:
10.2.a
Packet Pg. 12 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
7
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46739 10/9/2020 (Continued)01206 BACKFLOW TESTING BY PATRICK
45.00LLMD ZONE 3 BACKFLOW TESTING1600
145.00LLMD ZONE 3 BACKFLOW TESTING1601
45.00LLMD ZONE 3 BACKFLOW TESTING1602
45.00LLMD ZONE 3 BACKFLOW TESTING1603
45.00LLMD ZONE 3 BACKFLOW TESTING1604
145.00LLMD ZONE 3 BACKFLOW TESTING1605
45.00LLMD ZONE 3 BACKFLOW TESTING1606
45.00LLMD ZONE 81 BACKFLOW TESTING1607
45.00CSA 145 BACKFLOW TESTING1609
185.00LLMD ZONE 27 BACKFLOW TESTING1610
45.00AMR CFD BACKFLOW TESTING1615
45.00FIRESTATION #7 BACKFLOW TESTING1616
45.00FIRESTATION #7 BACKFLOW TESTING1617
45.00FIRESTATION #7 BACKFLOW TESTING1618
45.00FIRESTATION #7 BACKFLOW TESTING1619
45.00LLMD ZONE 3 BACKFLOW TESTING1620
45.00CFD2015-2 BACKFLOW TESTING1641
Total : 1,690.00
46740 10/9/2020 00259 BIO-TOX LABORATORIES INC 39780 02641 MAY'20 PD BLOOD ALCOHOL ANALYSIS 46.00
02641 1,936.00JUL'20 PD BLOOD ALCOHOL ANALYSIS39959
02641 132.00JUL'20 PD BLOOD ALCOHOL ANALYSIS40015
02641 450.00JUL-AUG'20 PD BLOOD ALCOHOL ANALYSIS40083
Total : 2,564.00
46741 10/9/2020 01725 CITY OF MURRIETA SWAT 2020-01 02723 SOUTHWEST CITIES SWAT MOU 7,843.33
Total : 7,843.33
46742 10/9/2020 01178 DIRECTV LLC 37771320583 SEP'20 FIRE STATION #7 SATELLITE SVCS 272.24
Total : 272.24
46743 10/9/2020 00673 DL IMAGING ARINV011555 02752 FY20/21 MILITARY BANNER PROGRAM 3,710.91
Total : 3,710.91
46744 10/9/2020 01555 DMC 16840 01839 PROFESSIONAL SVCS FOR DOCUMENT SCANNING 4,076.03
Total : 4,076.03
7Page:
10.2.a
Packet Pg. 13 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
8
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46745 10/9/2020 00161 EASTERN MUNICIPAL WATER DIST.231135-03 9/21 SEPT'20 LLMD ZONE 3 WATER SVCS 434.77
492.37SEPT'20 LLMD ZONE 3 WATER SVCS231149-03 9/21
322.81SEPT'20 LLMD ZONE 3 WATER SVCS231150-03 9/21
827.05SEPT'20 HAUN RD WATER SVCS236550-01 9/21
90.44SEPT'20 LA PIEDRA/SHERMAN IRRIGATION WAT237370-01 9/21
1,251.62SEPT'20 AMR SPORTS PARK IRRIGATION237538-02 9/21
114.81SEPT'20 AMR ROW WATER SVCS238346-02 9/21
473.21SEPT'20 AMR ROW IRRIGATION SVCS238455-02 9/22
428.41SEPT' 20 AMR ROW WATER SVCS238834-02 9/21
327.29SEPT'20 AMR ROW WATER SVCS238835-02 9/21
475.77SEPT'20 AMR ROW WATER SVCS238836-02 9/21
982.01SEPT'20 SPIRIT PARK WATER SVCS239155-02 9/21
251.80SEPT'20 TOWN CENTER ROW WATER SVCS240236-02 9/21
73.20SEPT'20 TOWN CENTER ROW WATER SVCS240240-02 9/21
226.20SEPT'20 TOWN CENTER ROW WATER SVCS240243-02 9/21
155.80SEPT'20 TOWN CENTER ROW WATER SVCS240244-02 9/21
307.49SEPT' 20 AMR WATER SVCS240844-03 9/21
700.45SEPT'20 MAYFIELD PARK IRRIGATION247265-02 9/21
452.13SEPT'20 AMR CREEK VIEW IRRIGATION WATER247266-02 9/21
659.49SEPT'20 AMR SILVERSTAR IRRIGATIN WATER S248650-02 9/21
139.16SEPT'20 TOWN CENTER ROW WATER SVCS249510-02 9/21
245.40SEPT'20 TOWN CENTER ROW WATER SVCS249511-02 9/21
1,377.53SEPT'20 CENTRAL PARK IRRIGATIONS SVCS250347-02 9/21
244.77SEPT'20 TOWN CENTER WATER SVCS250354-01 9/22
1,149.73SEPT'20 CENTENNIAL PARK IRRIGATION WATER252059-02 9/21
1,302.05SEPT'20 CENTENNIAL PARK IRRIGATION WATER252060-02 9/21
202.53SEPT'20 CENTENNIAL PARK IRRIGATION WATER252061-02 9/21
Total : 13,708.29
46746 10/9/2020 01142 FRONTIER CALIFORNIA INC.323-160-9666 9/7 SEPT'20 MENIFEE PD FIOS SVCS 370.98
Total : 370.98
46747 10/9/2020 00908 GOSCH AUTO GROUP 2062287 FLEET MATERIALS/ SUPPLIES 12.35
Total : 12.35
46748 10/9/2020 00650 HDL SOFTWARE, LLC SIN003949 AUG'20 HDL ONLINE CC PROCESSING SVCS 115.28
8Page:
10.2.a
Packet Pg. 14 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
9
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 115.28 46748 10/9/2020 00650 00650 HDL SOFTWARE, LLC
46749 10/9/2020 01734 HOME DEPOT CREDIT SERVICES 7141 9/13 SUPPLIES 2,622.87
Total : 2,622.87
46750 10/9/2020 01043 IMPERIAL SPRINKLER SUPPLY 4293995-00 2015-2 PARK IRRIGATION SUPPLIES 32.52
Total : 32.52
46751 10/9/2020 01471 INFRASTRUCTURE ENGINEERING, CORPORATION12853 02440 CIP 19-06 SCOTT/ MURRIETA RD TRAFFIC SIG 427.50
02469 475.00JUN'20 CIP 20-06 LABOR COMPLIANCE12854
02440 380.00CIP 19-06 SCOTT/ MURRIETA RD TRAFFIC SIG12966
Total : 1,282.50
46752 10/9/2020 01961 JONES SIGN CO INC 252126 AMR CFD LANDSCAPE MAINT 1,781.33
Total : 1,781.33
46753 10/9/2020 01331 KOA CORPORATION JC02063-1 02624 JUL'20 NON-RECOVERABLE GRANT MANAGEMENT 23,635.85
02624 364.15AUG'20 NON-RECOVERABLE GRANT MANAGEMENTJC02063-2
Total : 24,000.00
46754 10/9/2020 00501 KOSMONT COMPANIES 2001.7-006 02242 JUL'20 PROF SVCS FOR HOTEL MARKET & SITE 550.00
Total : 550.00
46755 10/9/2020 01743 L.N. CURTIS & SONS INV409720 02355 MENIFEE PD FIRST RESPONDER KITS 14,463.75
02355 1,549.69MENIFEE PD FIRST RESPONDER KITSINV422201
Total : 16,013.44
46756 10/9/2020 00128 LOWES 6081 9/20 SUPPLIES 3,924.30
Total : 3,924.30
46757 10/9/2020 00872 MENIFEE CAR WASH MENIFEE-JULY2020 JUL'20 CITY VEHICLE MAINT 16.76
Total : 16.76
46758 10/9/2020 01563 MERCHANTS BUILDING MAINTENANCE 598541 02559 CITY HALL DEEP CLEANING JANITORIAL SVCS 2,175.00
Total : 2,175.00
46759 10/9/2020 00474 HEALTHCARE DESIGN & CONSTRUCTI CK REQ 8/19 REFUND SECURITY DEPOSIT PMT19-02480 4,000.00
9Page:
10.2.a
Packet Pg. 15 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
10
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 4,000.00 46759 10/9/2020 00474 00474 HEALTHCARE DESIGN & CONSTRUCTI
46760 10/9/2020 00474 BROOKFIELD RESIDENTIAL PROPERT CK REQ 9/2 REFUND FOR DUPLICATE PYMT OF PMT19-06451 701.48
Total : 701.48
46761 10/9/2020 00474 RAM RAJU CK REQ 4/30 DEPOSIT REFUND KC SNR CTR 300.00
Total : 300.00
46762 10/9/2020 00474 RAM RAJU CK REQ 06/26 DEPOSIT REFUND KC SNR CTR 200.00
Total : 200.00
46763 10/9/2020 01473 MISS APRIL'S DANCE CK REQ 9/29 COMM SVCS INSTRUCTOR PAYMENT 110.40
Total : 110.40
46764 10/9/2020 01796 NETFILE, INC 67572 02702 FY20/21 SUBSCRIPTION CHARGES FOR EFILING 1,062.50
02702 1,875.00FY 20/21 SUBSCRIPTION CHARGES FOR EFILIN6840
Total : 2,937.50
46765 10/9/2020 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA68901258 02736 PRE-EMPLOYMENT TESTING SVCS & COVID-19 C 2,292.50
Total : 2,292.50
46766 10/9/2020 01130 O'REILLY AUTO PARTS 4746-139267 PD VEHICLE MAINT 43.02
710.13PD FLEET VEHICLE MAINT.4746-141059
Total : 753.15
46767 10/9/2020 01096 PAPER RECYCLING & SHREDDING, SPECIALISTS INC.468278 POLICE DOC SHREDDING SVCS 55.00
95.00POLICE DOC SHREDDING SVCS468279
410.00CITY HALL DOC SHREDDING SVCS469398
Total : 560.00
46768 10/9/2020 01843 PARKHOUSE TIRE, INC 2010696933 FLEET MATERIALS & SUPPLIES 260.54
521.08PD VEHICLE TIRES2010697542
Total : 781.62
46769 10/9/2020 01505 PERRIS VALLEY AUTO CENTER 15009127/1 PD VEHICLE MAINT SVCS 21.46
Total : 21.46
46770 10/9/2020 00373 PITNEY BOWES GLOBAL FIN. SERV.3104224572 QTRLY POSTAGE MACHINE LEASE 1,289.61
10Page:
10.2.a
Packet Pg. 16 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
11
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 1,289.61 46770 10/9/2020 00373 00373 PITNEY BOWES GLOBAL FIN. SERV.
46771 10/9/2020 01739 PROFORCE LAW ENFORCEMENT 415753 02464 MENIFEE PD WEAPONS PURCHASE 458.10
02562 511.51PD PROTECTIVE DEVICES & ACCESSORIES416709
02464 687.15MENIFEE PD WEAPONS PURCHASE418135
02397 21.59MENIFEE PD WEAPONS PURCHASE422348
02562 1,491.62MENIFEE PD WEAPONS PURCHASE424602
Total : 3,169.97
46772 10/9/2020 01065 PRUDENTIAL OVERALL SUPPLY 21033797 FLEET UNIFORM LAUNDRY SVCS 215.33
97.21P/W UNIFORM LAUNDRY SVCS23036704
40.47P/W LAUNDRY SVCS23036705
112.53P/W UNIFORM LAUNDRY SVCS23040206
40.47P/W LAUNDRY SVCS23040207
40.47P/W LAUNDRY SVCS23043322
40.47P/W LAUNDRY SVCS23055417
Total : 586.95
46773 10/9/2020 00006 R&R BUSINESS SOLUTIONS 8499 PRINTING SVCS 429.56
565.45PRINTING SVCS8503
678.43PRINTING SVCS8507
Total : 1,673.44
46774 10/9/2020 00013 READYREFRESH 10I0029762325 CITY HALL BOTTLE WATER SUPPLY 660.01
Total : 660.01
46775 10/9/2020 01931 RIVERSIDE COMMUNITY COLLEGE, DISTRICT 2021/92 MENIFEE PD EDUCATION COURSE 92.00
Total : 92.00
46776 10/9/2020 00680 RIVERSIDE COUNTY, EDA-LIBRARY DIVISION 2020-29 MENIFEE LIBRARY REIMB APR-JUN'20 14,275.82
Total : 14,275.82
46777 10/9/2020 01874 SIRCHIE 0452435-IN 02493 MENIFEE PD FARADY BAGS, SCREENS, CSI SUP 2,433.53
Total : 2,433.53
46778 10/9/2020 01640 SO CAL SHORT LOAD INC 2751 P/W MATERIALS & SUPPLIES 685.00
Total : 685.00
11Page:
10.2.a
Packet Pg. 17 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
12
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46779 10/9/2020 00046 SOUTHERN CALIFORNIA EDISON 2-31-716-9357 9/24 SEPT'20 CSA 145 IRRIGATION SVCS 1,469.62
244.58AUG'20 CFD 2017-1 STREET LIGHT & IRRIGAT2-36-156-2671 9/15
23.33AUG'20 TOWN CENTER IRRIGATION SVCS2-37-161-9065 9/12
Total : 1,737.53
46780 10/9/2020 01932 SOUTHERN CALIFORNIA NEWS GROUP 0011402476 02730 CIP 16-13 NIB PUBLICATION FOR PW MOC 2,016.00
277.20LEGAL ADVERTISING SVCS0011404932
Total : 2,293.20
46781 10/9/2020 00283 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE463904 JULY'20 NEW HIRE SCREENING 522.00
230.00AUG'20 NEW HIRE SCREENING469038
Total : 752.00
46782 10/9/2020 01010 STC TRAFFIC, INC.4249 02634 AUG'20 GRANT MANAGEMENT SVCS 20,017.50
Total : 20,017.50
46783 10/9/2020 01846 SYSCO RIVERSIDE, INC 220833484 SUPPLIES FOR COVID-19 472.12
Total : 472.12
46784 10/9/2020 00098 THE GAS COMPANY 047 770 7105 3 9/21 SEPT'20 FIRE STATION #7 GAS SVCS 97.76
23.77SEPT'20 PW YARD GAS SVCS071 023 9513 9 9/21
19.27SEPT'20 POLICE DEPT (BLDG A) GAS SVCS091 934 9672 7 9/22
151.78SEPT'20 FIRE STATION #76 GAS SVCS114 347 5472 4 10/1
Total : 292.58
46785 10/9/2020 01191 THE LEW EDWARDS GROUP 20-05 02725 JUL'20 PROF SVC AGT FOR COMMUNITY ASSESS 6,000.00
02725 6,000.00AUG'20 PROF SVC AGT FOR COMMUNITY ASSESS20-06
Total : 12,000.00
46786 10/9/2020 00854 THE LLOYD PEST CONTROL CO, INC 7173702 AUG'20 P/W PEST CONTROL SVCS 70.00
99.00AUG'20 PD HQ PEST CONTROL SVCS7176809
Total : 169.00
46787 10/9/2020 01492 TONKIN PLUMBING INC 45658 FIRE STATION #76 FACILITY MAINTENANCE 396.00
Total : 396.00
46788 10/9/2020 01953 UNIVERSE BARBER & BEAUTY SHOP CK REQ 10/1 02767 CARES SMALL BUSINESS GRANT (UNIVERSE BAR 5,000.00
12Page:
10.2.a
Packet Pg. 18 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
10/08/2020
Voucher List
City of Menifee
13
9:51:24AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 5,000.00 46788 10/9/2020 01953 01953 UNIVERSE BARBER & BEAUTY SHOP
46789 10/9/2020 01972 VNEX PHYSICAL THERAPY CK REQ 10/1 02766 CARES SMALL BUSINESS GRANT (VNEX REHAB) 5,000.00
Total : 5,000.00
46790 10/9/2020 00787 WAGEWORKS, INC.INV2302851 AUG'20 FSA MONTHLY PREMIUM 547.00
Total : 547.00
46791 10/9/2020 01973 YOJO COFFEE & FROZEN YOGURT CK REQ 10/1 02765 CARES SMALL BUSINESS GRANT(YOJO'S COFFEE 5,000.00
Total : 5,000.00
46792 10/9/2020 01977 BOWEN, DAMON CK REQ 10/8 PER DIEM FOR DAMON BOWEN TRAINING 1,210.00
Total : 1,210.00
Bank total : 409,563.20 93 Vouchers for bank code :uboc
409,563.20Total vouchers :Vouchers in this report 93
13Page:
10.2.a
Packet Pg. 19 Attachment: voucher listing 10-09-2020 (2713 : Warrant Register)
City of Menifee
US Bank Credit Card Detail
Aug'20
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**0278 City Card 7/27/2020 City Credit Card Charges American Planning Association - Advertising for Planner Human Resources 295.00 100-4222-50428
**0278 City Card 7/30/2020 City Credit Card Charges ICMA - Advertising for Risk Manager Human Resources 112.50 100-4222-50428
**0278 City Card 7/30/2020 City Credit Card Charges IPMA-HR - Advertising for Risk Manager Human Resources 300.00 100-4222-50428
**0278 City Card 7/31/2020 City Credit Card Charges Grassrootslab, LLC, - Advertising for Risk Manager Human Resources 225.00 100-4222-50428
**0278 City Card 8/4/2020 City Credit Card Charges Western City Magazine - Advertising for IT Director Human Resources 300.00 100-4222-50428
**0278 City Card 8/4/2020 City Credit Card Charges ICMA - Advertising for IT Director Human Resources 225.00 100-4222-50428
**0278 City Card 8/4/2020 City Credit Card Charges PublcCEO.com - Advertising for IT Director Human Resources 300.00 100-4222-50428
**0278 City Card 8/4/2020 City Credit Card Charges Grassrootslab, LLC, - Advertising for IT Director Human Resources 225.00 100-4222-50428
**9911 City Card 7/28/2020 City Credit Card Charges Network Solutions, LLC - Monthly Hosting For MenifeeBusiness.com IT Department 7.98 110-4115-51350
**9911 City Card 7/29/2020 City Credit Card Charges Staples - Batteries And Headsets For IT Department IT Department 360.75 110-4115-51500
**9911 City Card 7/30/2020 City Credit Card Charges Ringcentral, Inc. - Video Meeting Software Non-Departmental 729.21 100-4221-52214 Covid-19
**9911 City Card 7/31/2020 City Credit Card Charges Microsoft - One Drive Submittal License Plan IT Department 30.00 110-4115-51352
**9911 City Card 7/31/2020 City Credit Card Charges Microsoft - Project Plan Subscription Plan IT Department 116.00 110-4115-51352
**9911 City Card 8/1/2020 City Credit Card Charges Formstack - Online Submission Forms For IT and PD IT Department 99.00 110-4115-51352
**9911 City Card 8/3/2020 City Credit Card Charges Microsoft - Business Voice Credits For Microsoft Teams IT Department 20.00 110-4115-51352
**9911 City Card 8/3/2020 City Credit Card Charges Microsoft - Business Voice Credits For Microsoft Teams IT Department 20.00 110-4115-51352
**9911 City Card 8/3/2020 City Credit Card Charges Microsoft - Audio Conferencing Licenses IT Department 40.00 110-4115-51352
**9911 City Card 8/4/2020 City Credit Card Charges Microsoft - Domestic Calling Plan IT Department 120.00 110-4115-51352
**9911 City Card 8/11/2020 City Credit Card Charges Envato - Stock Images & Videos For Sharepoint Project IT Department 168.00 110-4115-51352
**9911 City Card 8/14/2020 City Credit Card Charges Microsoft - Exhange Online Subscription Plan IT Department 170.00 110-4115-51352
**9911 City Card 8/14/2020 City Credit Card Charges Microsoft - Advanced Threat Protection Plan IT Department 5.00 110-4115-51352
**9911 City Card 8/14/2020 City Credit Card Charges Sling.com - Sling TV Services For City Manager's Office IT Department 45.00 110-4115-51352
**9911 City Card 8/18/2020 City Credit Card Charges Network Solutions, LLC - New Domain Registration Fees IT Department 605.97 110-4115-51350
**9911 City Card 8/19/2020 City Credit Card Charges Network Solutions, LLC - Domain Forwarding Fees IT Department 38.97 110-4115-51350
**9911 City Card 8/24/2020 City Credit Card Charges Ringcentral, Inc. - Video Meeting Software Non-Departmental 729.21 100-4221-52214 Covid-19
**9911 City Card 8/24/2020 City Credit Card Charges Parallels - Parallels Desktop Software For IT Department IT Department 99.99 110-4115-51352
**1678 City Card 8/6/2020 City Credit Card Charges Full Circle Training - Menifee PD Training D.Robertson Menifee PD 399.00 100-4911-52211
**1678 City Card 8/6/2020 City Credit Card Charges Full Circle Training - Menifee PD Training M.Rodriguez Menifee PD 399.00 100-4911-52211
**1678 City Card 8/6/2020 City Credit Card Charges Riverside County Sheriff -Refund Menifee PD Training J.Adams Menifee PD -184.00 100-4911-52211
**1678 City Card 8/6/2020 City Credit Card Charges Riverside County Sheriff - Menifee PD Training A.Drootin Menifee PD 95.79 100-4911-52211
**1678 City Card 8/6/2020 City Credit Card Charges Riverside County Sheriff - Menifee PD Training C. Carrino Menifee PD 95.79 100-4911-52211
**1678 City Card 8/10/2020 City Credit Card Charges Full Circle Training - Menifee PD Training N.Epps Menifee PD 399.00 100-4911-52211
**1678 City Card 8/11/2020 City Credit Card Charges Crash Training Solutions - Menifee PD Training M.Bloch Menifee PD 447.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/18/2020 City Credit Card Charges OSS Academy - Menifee PD Training Menifee PD 35.00 100-4911-52211
**1678 City Card 8/24/2020 City Credit Card Charges Liebert Cassidy Whitmore - Menifee PD Training Menifee PD 100.00 100-4911-52211
**1678 City Card 8/24/2020 City Credit Card Charges So Cal Force Instructors Association - Menifee PD Training A.Drootin Menifee PD 200.00 100-4911-52211
**4266 City Card 7/27/2020 City Credit Card Charges Corona Rose Flowers - Sympathy Flowers For Waste Management Staff Members Non-Departmental 50.53 100-4221-51600
**4266 City Card 7/27/2020 City Credit Card Charges Page Against The HTTP - Miscellaneous Supplies Non-Departmental 580.00 100-4221-51600
**4266 City Card 7/27/2020 City Credit Card Charges Harriett's Bookshop - Miscellaneous Supplies Non-Departmental 1140.47 100-4221-51600
10.2.b
Packet Pg. 20 Attachment: voucher CC details 10-9-2020 (2713 : Warrant Register)
City of Menifee
US Bank Credit Card Detail
Aug'20
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**4266 City Card 7/28/2020 City Credit Card Charges Braeside Stock Displays - Plexiglass Dividers For Council Chambers Non-Departmental 77.32 100-4221-52214 Covid-19
**4266 City Card 7/29/2020 City Credit Card Charges Bravo's Book Nook - Miscellaneous Supplies Non-Departmental 1465.44 100-4221-51600
**4266 City Card 7/29/2020 City Credit Card Charges Amazon - Plexiglass Dividers For Council Chambers Non-Departmental 321.75 100-4221-52214 Covid-19
**4266 City Card 7/30/2020 City Credit Card Charges Bravo's Book Nook - Miscellaneous Supplies Non-Departmental -1465.44 100-4221-51600
**4266 City Card 8/5/2020 City Credit Card Charges Harriett's Bookshop - Miscellaneous Supplies Non-Departmental -1140.47 100-4221-51600
**4266 City Card 8/5/2020 City Credit Card Charges Diversified Communications - 2020 Admin Professional Conference M.Stephens City Manager 895.00 100-4111-52210
**4266 City Card 8/5/2020 City Credit Card Charges Statewide Mini Storage - Additional Storage For Community Services Department Community Services 236.00 100-4660-51600
**4266 City Card 8/6/2020 City Credit Card Charges Rubber Stamp Warehouse - Stamp For Engineering Department Engineering Department 85.90 100-4551-51600
**4266 City Card 8/9/2020 City Credit Card Charges Constant Contact - Constant Contact Membership For Economic Development Economic Development 200.00 100-4350-52200
**4266 City Card 8/14/2020 City Credit Card Charges Domino's - Gift Card For Meni-Freewards Restaurant Program Non-Departmental 20.00 100-4221-52214 Covid-19
**4266 City Card 8/14/2020 City Credit Card Charges Cathay Chinese Food - Gift Card For Meni-Freewards Restaurant Program Non-Departmental 40.00 100-4221-52214 Covid-19
**4266 City Card 8/18/2020 City Credit Card Charges Panera Bread - Meals For Economic Development Meeting Economic Development 156.92 100-4350-51600
**4266 City Card 8/19/2020 City Credit Card Charges Fromyouflowerscom - Sympathy Flowers For V.Mendoza Non-Departmental 81.52 100-4221-51600
**0719 City Card 8/3/2020 City Credit Card Charges The Breakfast Club of Menifee - Meals For Economic Development Meeting Economic Development 75.42 100-4350-52210
**0719 City Card 8/3/2020 City Credit Card Charges Ashley Bee Photography - Headshots For D.Samario Economic Development 139.00 100-4350-51720
**0719 City Card 8/7/2020 City Credit Card Charges IEDC - Real Estate Development & Reuse Course Registration G.Gonzalez Economic Development 505.00 100-4350-52210
**9962 City Card 8/5/2020 City Credit Card Charges Jersey Mikes - City Council Dinner City Council 103.45 100-4110-51600
**9962 City Card 8/19/2020 City Credit Card Charges Firehouse Subs - City Council Dinner City Council 101.89 100-4110-51600
**9962 City Card 8/21/2020 City Credit Card Charges National Notary Association - Notary Renewal For S.Roseen S.Roseen 590.25 100-4113-52200
**3597 City Card 7/27/2020 City Credit Card Charges Subway - Meals for Senior Lunch Program Non-Departmental 180.00 100-4221-52214 Covid-19
**3597 City Card 7/28/2020 City Credit Card Charges Subway - Meals for Senior Lunch Program Non-Departmental 240.00 100-4221-52214 Covid-19
**3597 City Card 7/29/2020 City Credit Card Charges USPS - Shipping Costs for Tiny Tots Program Graduation Items Community Services 10.75 480-4554-51011
**3597 City Card 7/29/2020 City Credit Card Charges Dollar Tree - Packets For Little Steamers Classes Community Services 58.49 100-4660-51011
**3597 City Card 7/31/2020 City Credit Card Charges S&S Worldwide - Supplies For Summer Camp Community Services 72.04 480-4554-51011
**3597 City Card 8/3/2020 City Credit Card Charges Submarina - Meals for Senior Lunch Program Non-Departmental 245.00 100-4221-52214 Covid-19
**3597 City Card 8/4/2020 City Credit Card Charges Submarina - Meals for Senior Lunch Program Non-Departmental 315.00 100-4221-52214 Covid-19
**3597 City Card 8/5/2020 City Credit Card Charges 99 Cents Only - Packets for Little Learners Classes Community Services 6.53 100-4660-51011
**3597 City Card 8/10/2020 City Credit Card Charges Submarina - Meals for Senior Lunch Program Non-Departmental 350.00 100-4221-52214 Covid-19
**3597 City Card 8/11/2020 City Credit Card Charges Submarina - Meals for Senior Lunch Program Non-Departmental 350.00 100-4221-52214 Covid-19
**3597 City Card 8/13/2020 City Credit Card Charges USPS - Shipping Costs for Tiny Tots Program Activity Kits Community Services 4.60 480-4554-51011
**3597 City Card 8/14/2020 City Credit Card Charges USPS - Shipping Costs for Tiny Tots Program Activity Kits Community Services 4.60 480-4554-51011
**3597 City Card 8/19/2020 City Credit Card Charges Subway - Meals for Senior Lunch Program Non-Departmental -510.00 100-4221-52214 Covid-19
**3597 City Card 8/19/2020 City Credit Card Charges Subway - Meals for Senior Lunch Program Non-Departmental 510.00 100-4221-52214 Covid-19
**3597 City Card 8/19/2020 City Credit Card Charges Subway - Meals for Senior Lunch Program Non-Departmental 510.00 100-4221-52214 Covid-19
**1016 City Card 8/22/2020 City Credit Card Charges Apple.com - Extra Storage For City Manager Iphone City Manager 0.99 100-4111-51600
**5047 City Card 7/29/2020 City Credit Card Charges Tuff Products - Badge Bands For Police Uniforms Menifee PD 142.94 100-4911-52400
**5047 City Card 8/3/2020 City Credit Card Charges Target - Kitchen Utensils for PD Headquarters Menifee PD 25.61 100-4911-51011
**5047 City Card 8/13/2020 City Credit Card Charges Tracker Blocker - Phone Blocker For PD Headquarters Menifee PD 47.49 100-4911-51011
**9261 City Card 7/28/2020 City Credit Card Charges O'Reilly - Fleet Materials & Supplies Fleet 52.17 115-4117-51501
**9261 City Card 7/28/2020 City Credit Card Charges Stater Bros - Fleet Materials & Supplies Fleet 2.58 115-4117-51501
**9261 City Card 8/3/2020 City Credit Card Charges Richardson's RV - Fleet Materials & Supplies Fleet 35.87 115-4117-51501
**9261 City Card 8/10/2020 City Credit Card Charges Runningboard Warehouse - PD Vehicle Maintenance Fleet 1043.96 115-4911-52503
**9261 City Card 8/10/2020 City Credit Card Charges Runningboard Warehouse - Engineering Vehicle Maintenance Fleet 258.15 115-4551-52503
**9261 City Card 8/11/2020 City Credit Card Charges HL Supply - Public Works Equipment Maintenance Fleet 120.07 115-4552-52500
**9261 City Card 8/13/2020 City Credit Card Charges Global Industrial - PD Headquarters Materials & Supplies Facilities 156.48 116-4911-51501
16147.43
10.2.b
Packet Pg. 21 Attachment: voucher CC details 10-9-2020 (2713 : Warrant Register)
Date Paid by:Payee Description Amount
10/9/2020 ACH City Payroll Payroll Period 9/26/2020 - 10/9/2020 40.10
10/16/2020 ACH City Payroll Payroll Period 9/26/2020 - 10/9/2020 693,716.87
10/16/2020 ACH ICMA Payroll Period 9/26/2020 - 10/9/2020 31,445.12
TOTAL PAYROLL:725,202.09$
Date Paid by:Payee Description Amount
10/2/2020 ACH PayPros Credit Card Processing Fees 18,253.02
10/6/2020 ACH CALPERS - Medical Oct-20 234,626.45
10/15/2020 ACH CALPERS - Retirement Payroll Period 8/15/2020 - 8/28/2020 80,296.67
10/15/2020 ACH CALPERS - Retirement Payroll Period 8/15/2020 - 8/28/2020 60,823.97
TOTAL OTHER EFT'S:394,000.11$
TOTAL PAYMENTS:1,119,202.20$
Payroll Register, Taxes and Other EFT's/Wires
City of Menifee
November 4, 2020
10.2.c
Packet Pg. 22 Attachment: Payroll Register 11-04-2020 (2713 : Warrant Register)
CITY OF MENIFEE
SUBJECT: K9 Aftermath Grant Award
MEETING DATE: November 4, 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 appropriating the grant funds awarded from Aftermath Services, LLC. for the
Aftermath K9 grant in the amount of $250.00.
DISCUSSION
The Menifee Police Department was awarded $250.00 by Aftermath Services, LLC for the
Aftermath K9 grant. Funds will be used for costs incurred by the Police Department in the care
and maintenance of the 2 K9’s.
In September of 2020 an email invitation came out for the Aftermath K9 grant program. A letter
of interest was completed by staff including information and pictures of the departments newly
acquired K9’s. On October 6, 2020, the department was notified that they were being selected
as one of the winners. There were 455 applications and 37 recipients of awards.
FISCAL IMPACT
The fiscal impact resulting from acceptance of the Aftermath K9 Grant will result in an increase
of $250.00 in grant revenue to account 301-3867 (K9 Grant) and an appropriation in
expenditures in account number 301-4911-52753 (K9 Supplies). No match by the City is
required.
ATTACHMENTS
1. FUND 301- Budget Amendment Resolution FY 20-21 - November 4 City Council
Meeting K9 Grant
2. Grant Summary Report K9 Grant
10.3
Packet Pg. 23
RESOLUTION NO. 20-XXX
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 expenditures
arise; and
WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget
resources to continue 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 as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund Adopted FY 2020/21 Revenue Budget: $0
CITY COUNCIL
MEETING
DESCRIPTION
ACCOUNT #
AMOUNT
August 19, 2020 CalRecycle Beverage
Container Recycling Grant
301-3848 23,125
August 19, 2020 CARES Act Funds 301-3740 1,198,820
September 2, 2020 OTS Grant (STEP) 301-3865 115,000
October 21, 2020 Various Grants (Budget
Carry Over)
301-XXXX 2,756,110
November 4, 2020 K9 Grant 301-3867 250
TOTAL: $4,093,305
Amended Grant Fund FY 2020/21 Revenue Budget: $4,093,305
Grant Fund Adopted FY 2020/21 Expenditure Budget: $0
2. Record Appropriation(s):
CITY COUNCIL
MEETING
DESCRIPTION
ACCOUNT #
AMOUNT
August 5, 2020 CalRecycle Beverage
Container Recycling
Grant
301-4550-52425 23,125
August 19, 2020 Emergency Declaration
Expenses (CARES)
301-4221-52214 1,098,820
August 19, 2020 Small Business
Assistance Grant
Program
301-4221-52215 100,000
September 2, 2020 OTS Grant (STEP) 301-4911-52426 115,000
10.3.a
Packet Pg. 24 Attachment: FUND 301- Budget Amendment Resolution FY 20-21 - November 4 City Council Meeting K9 Grant [Revision 2] (2706 : Aftermath K9
City of Menifee Resolution No. 20-XXX
Amending the Fiscal Year 2020/21 Grant Fund Budget
2
October 21, 2020 Various Grants (Budget
Carry Over)
301-xxxx-xxxxx 3,336,702
November 4, 2020 K9 Grant (K-9
Supplies)
301-4911-52753 250
TOTAL: $4,673,897
Amended Grant Fund FY 2020/21 Expenditure Budget: $4,673,897
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 Grant Fund for the City of Menifee for fiscal year 2020/21 is
hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
K9 Grant 250
Amended Grant Fund FY 2020/21 Budget $4,093,305
Expenditures:
K9 Grant 250
Amended Grant Fund FY 2020/21 Budget: $4,673,897
PASSED, APPROVED AND ADOPTED this 4th day of November 2020.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
10.3.a
Packet Pg. 25 Attachment: FUND 301- Budget Amendment Resolution FY 20-21 - November 4 City Council Meeting K9 Grant [Revision 2] (2706 : Aftermath K9
FISCAL YEAR OF GRANT AWARD:2020/2021
DATE CITY COUNCIL APPROVED:11/4/2020 RELATED RESOLUTION #(s):
City Department: Menifee PD City Grant Administrator:
Federal Awarding Agency: Federal CFDA No:N/A
Pass-through Agency:N/A Pass-through No. :N/A
Grant Name from Agency:
Funding Period:
Reporting Requirements: None Required
(Example: Report to pass-through agency quarterly.)
Type of Grant:Other Advance
If Other (please describe):Private Grant Other
One-Time
Amount from Granting Agency:$250.00
City Matching Funds:$0.00 N/A
Total Grant Amount:$250.00
City Expenditure Account Number: 301-4911-52753
City Revenue Account Number: 301-3867
Does the funding agency require a compliance audit?No
If yes, what kind of report? N/A
Additional reporting required:
Does the funding agency require a copy of the Single Audit report?No
Is this a federal grant (subject to Single Audit)?No
Can grant funds be carried over to other fiscal years?No
If yes, which years?:
No
City Program and/or Purpose of Grant:
Amended Through:
Additional Description:
If Other (please describe):
AFTERMATH SERVICES LLC
Method of Funding:
Frequency of Funding:
CITY OF MENIFEE
GRANT SUMMARY REPORT
Christine Booker
N/A
TBD
FINANCE DEPARTMENT
If Other (please describe):
No
Is allocated interest a grant requirement?
Use towards maintenance and or creation of a new K9 unit.
(Example: Certain Percentage of Amount from Granting Agency)
(If new or unknown, contact Finance Department)
This Report is to be completed for each approved grant, and forwarded along with approved Council Agenda staff report to the Finance Department.
10.3.b
Packet Pg. 26 Attachment: Grant Summary Report K9 Grant (2706 : Aftermath K9 Grant Award)
CITY OF MENIFEE
SUBJECT: Replacement Computers Under the C.A.R.E.S. Act
MEETING DATE: November 4, 2020
TO: Mayor and City Council
PREPARED BY: Michelle Sarkissian, IT Supervisor
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Approve the purchase of laptops and associated accessories from GHA Technologies,
Inc. (GHA) in the amount of $113,868.42 including tax and delivery from Account
number 301-4221-52214 (CARES Act Funds) and 110-4115-53155 (Capital Outlays);
and
2. 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 National Cooperative Purchasing Alliance (NCPA)
Contract #01-97.
DISCUSSION
In early March and in consideration of the COVID-19 pandemic, the Executive Leadership
requested a plan from IT to facilitate remote working for City employees. During our initial
planning, it was clear we did not have enough laptops to cover the entire staff as the city
shifted to remote working conditions.
As a short-term solution, LogMeIn (VPN) was installed on approximately 300 desktop
computers to accommodate remote working conditions. This is normally prohibited, but
extraordinary times required extraordinary measures. Due to lack of mobility and increased
security concerns, this is not a practical long-term solution.
In light of the pandemic and continued state-wide restrictions as well as the potential for
similar or ongoing disruptive events, it is the recommendation of Risk Management and IT to
move to a laptop centric fleet. By doing so, the City would experience the following
benefits:
• Business Continuity Plan - Being better prepared and allowing quicker
responses to the citizens of Menifee and the development community
• Flexibility - Respond to changing work conditions
10.4
Packet Pg. 27
City of Menifee Staff Report
Replacement Computers Under the C.A.R.E.S. Act
November 4, 2020
Page 2 of 2
• Portability - Easily move from place to place with access to the City’s network in
order to provide service to the public
• Mobility - Allowing users to work from virtually any place with an Internet
connection
The purchase of computer equipment must comply with specific procurement procedures, which
would ordinarily require going through a competitive bid process. By using National
Cooperative Purchasing Alliance (NCPA) Contract #01-97 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.
GHA Technologies, Inc. is an established vendor (authorized reseller) through NCPA, which is a
cooperative purchasing organization for the public sector.
FISCAL IMPACT
The fiscal impact of the proposed laptop purchases is $113,868.42. Funding for the purchase is
proposed to be funded as follows:
Account Number/Name Amount ($)
110-4115-53155 (Capital Outlays) $65,000.00
301-4221-52214 (CARES Act Funds) $48,868.42
TOTAL $113,868.42
As discussed in the previous section, the City’s IT Department incorporates regular replacement
of the City’s IT equipment on a regular cycle, with computer stations replaced approximately
every three (3) years. This ensures the City’s technology systems are up-to-date and also
facilitates the funding/replacement of such systems as multi-year phased in approach. The
Fiscal Year 20/21 adopted budget included $65,000 for IT computer/laptop replacements.
However, with the impact of COVID-19, and the need (short and long term) to improve remote
accessibility for uninterrupted delivery of municipal services, has resulted in need to transition
the City’s computer systems to laptops. The CARES Act funds are available to address the
impacts of COVID-19 and allow for technology improvements necessary to respond to COVID-
19. No additional budget appropriation action is required.
ATTACHMENTS
1. GHA Technologies, Inc. Quote 2314696 (002)
2. NCPA (National Cooperative Purchasing Alliance) 01-97 Advanced Technology
Solutions
10.4
Packet Pg. 28
GHA Technologies, Inc.
Dept. #2090
PO Box 29661
Phoenix, Arizona 85038
United States
http://www.gha-associates.com
(P) 480-951-6865
(F) 480-951-6956
Date
Oct 26, 2020 10:22 AM PDT
Modified Date
Oct 26, 2020 02:00 PM PDT
Quotation (Open)
Doc #
2314696 - rev 1 of 1
Description
MS Surface 3 with 15" NCPA
SalesRep
Boyd, Matt
(P) 858-272-7801
(F) 480-951-6956
Customer Contact
Sarkissian, Michelle
msarkissian@cityofmenifee.us
Customer
City of Menifee (CO12884)
Sarkissian, Michelle
29844 Haun Rd
Menifee, CA 92586
United States
(P) 951-672-6777
(F) 951-679-3843
Bill To
City of Menifee
Payable, Accounts
29844 Haun Rd
Menifee, CA 92586
United States
(P) 951-672-6777
(F) 951-679-3843
Ship To
City of Menifee
Sarkissian, Michelle
29844 Haun Rd
Menifee, CA 92586
United States
(P) 951-672-6777
(F) 951-679-3843
Customer PO:Terms:
Undefined
Ship Via:
FedEx Ground
Special Instructions:Carrier Account #:
Subtotal:$104,444.52
Tax (8.750%):$9,138.90
Shipping:$0.00
Misc:$0.00
Fees:$285.00
Total:$113,868.42
(List Price:$123,117.72)
# Description Part #Tax List Price Qty Unit Price Total
1
Microsoft Surface Laptop 3
Core i7 1065G7 / 1.3 GHz - Win 10 Pro - 16 GB RAM - 256 GB SSD NVMe - 15"
touchscreen 2496 x 1664 - Iris Plus Graphics - Bluetooth, Wi-Fi - matte black - commercial
PLZ-
00022
Yes
$1,799.99 57 $1,555.00 $88,635.00
2
E-Waste Fee Linked to Line #1 57 $5.00 $285.00
3
Microsoft USB-C to HDMI Adapter
External video adapter - USB-C - HDMI - commercial - for Surface Book 2
HFP-
00001
Yes
$49.99 114 $40.40 $4,605.60
4
Microsoft Surface Dock 2
Docking station - Surface Connect - 2 x USB-C - GigE - 199 Watt - for Surface Book 2,
Book 3, Go, Go 2, Laptop 2, Laptop 3, Pro 6, Pro 7, Pro X, Studio 2
1GK-
00001
Yes
$259.99 57 $196.56 $11,203.92
NCPA contract 01-97
$1 Buyout $9,835.95 / mo. for 12 mos.
$5,077.39 / mo. for 24 mos.
$3,484.37 / mo. for 36 mos.
$2,705.51 / mo. for 48 mos.
$2,232.96 / mo. for 60 mos.
10.4.a
Packet Pg. 29 Attachment: GHA Technologies, Inc. Quote 2314696 (002) (2724 : Replacement Computers Under the C.A.R.E.S. Act)
Sales tax calculation is estimated and subject to change. Terms Definition: Unless agreed upon otherwise; Net 30 terms, cash in the GHA bank 30
days from the date of shipment. Lease payment calculations are estimated and may include sales tax in the payment amount. You can obtain an
accurate lease quote from our leasing company. Rates are subject to change without notice.
GHA is an authorized and leading supplier for Microsoft, HP, Apple, Dell, Lenovo, VMWare, IBM and Cisco. GHA does not source any of these
products from the gray market. If you have a pending quotation from a competitor that is significantly less in price, that may be a strong indication
of gray market involvement. Please immediately bring this to the attention of your sales professional who can verify with the manufacturer for your
benefit and protection. Your sales representative can also talk to you about the risks associated with doing business with a gray market supplier. The
prices quoted may change due to market conditions beyond our control. GHA cannot be responsible for manufacturer availability or delays. No
verbal quotations or promises can be honored unless set forth herein. Due to the number of people working from home, GHA is not responsible for
boxes that are lost or stolen, and if they are, you are still responsible to pay your invoice. Signature will be required on all shipments. Handling Fees:
Handling fees charged on shipments are in addition to the freight and insurance charges and vary. Returns Policy: Cloud Service Provider CSP
orders for Microsoft require at least 30 days of cancellation notice from Buyer. Buyer agrees to pay for any cloud subscription usage incurred. For all
other CSP s, GHA will pass through and honor the cancellation policy as stated in the original contract whether 30, 60 or 90 days of cancellation
notice is required. Custom computers and technology orders are non-cancellable and non-returnable. No return will be accepted after 30 days from
the invoice date. Goods accepted for credit upon return will be subject to handling/restocking charge, which shall be not less than 15% of the price of
Goods. Custom-made Goods are not subject to cancellation or return under any circumstances. In no case are Goods to be returned without first
obtaining Seller's written permission. Goods must be securely packed in the original packaging and delivered to Seller in an undamaged condition with
Buyer being solely responsible for paying all return freight expenses and keeping the GHA invoice current within 30 days from the date of shipment
regardless of the reason for a return. All returns must be accompanied by an authorized RMA number, which is valid for 15 days after date of
issuance. GHA Technologies makes NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE with respect to the goods
described hereon. International shipments/returns: Customer is responsible to pay all VAT, duties, customs charges, freight forwarding services,
storage, handling, foreign exchange rates/fees, miscellaneous fees from any country, expedited or return freight expenses. Customer shall be liable;
GHA is NOT responsible. GHA is not responsible for any return shipment expenses. ~~Supplier represents and warrants that it is an equal-
opportunity employer and does not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, gender identity, national
origin, disability, marital or veteran status, or any other basis that is prohibited by law. This document shall be governed by the laws of the State of
Arizona. You may view all Terms & Conditions at: http://gha-associates.com/Terms_and_Conditions/index.html. - THIS QUOTE HAS BEEN PROVIDED
FOR CLIENT AND GHA PURPOSES ONLY** CORPORATE OFFICE: (REMIT PAYMENTS TO THE DEPARTMENT NUMBER AND PO BOX LISTED
ABOVE; NO PAYMENTS SHOULD BE MAILED TO THE CORPORATE OFFICE) GHA Technologies, Inc. 8998 E. Raintree Drive Scottsdale, AZ 85260
10.4.a
Packet Pg. 30 Attachment: GHA Technologies, Inc. Quote 2314696 (002) (2724 : Replacement Computers Under the C.A.R.E.S. Act)
39 Pelham Ridge Drive, Greenville, South Carolina 29615
Tele: 864.289.4374 Fax: 510.360.6532 E-mail: eds@synnex.com
L ETTER OF AUTHORI ZATION
Date: Wednesday, October 28, 2020
Reseller: GHA Technologies, Inc.
Subject: Authorized Dealer - NCPA Contract (#01-97))
Dear Sir/Madam,
This letter is to document the status of GHA Technologies, Inc., as an authorized reseller with SYNNEX Corporation
(hereinafter “SYNNEX”).
The National Cooperative Purchasing Alliance (NCPA) is a nationwide SLED-focused state cooperative
procurement contract that has over 90,000 agencies as members. SYNNEX’s NCPA Contract 01-97
covers our entire corporate line card for our Catalog award. Please refer to the attached line card for a
listing of the manufacturers that are included in our NCPA Contract (#01-97). This can be verified at
www.ncpa.us/Vendors/SYNNEX
As an authorized reseller with SYNNEX, GHA Technologies, Inc. is likewise an authorized reseller partner on the
SYNNEX NCPA Contract 01-97 and whose products can be procured through this contract through approved vendor
authorizations.
If you require further information, please call me at (864) 349-4374.
Sincerely,
Ed Somers
Vice President, Public Sector and Vertical Markets
10.4.b
Packet Pg. 31 Attachment: NCPA (National Cooperative Purchasing Alliance) 01-97 Advanced Technology Solutions (2724 : Replacement Computers Under
About NCPA
NCPA (National Cooperative Purchasing Alliance) is a leading national government
purchasing cooperative working to reduce the cost of goods and services by leveraging
the purchasing power of public agencies in all 50 states. NCPA utilizes state of the art
procurement resources and solutions that result in cooperative purchasing contracts
that ensure all public agencies are receiving products and services of the highest quality
at the lowest prices. For more information, go to www.ncpa.us.
Who Can Use NCPA's Contracts?
There are over 90,000 agencies nationwide from both the public and nonprofit sectors
that are eligible to utilize NCPA's cooperative purchasing contracts. These include,
but are not limited to the following agency types:
School Districts (including K-12, Charter schools, and Private K-12)
Higher Education (including Universities, Community Colleges, Private Colleges,
and Technical / Vocational Schools)
Cities, Counties, and any Local Government
State Agencies
Healthcare Organizations
Church/Religious
Nonprofit Corporations
State Statutes
Want to see your state's laws on cooperative purchasing?
Click here to view your state's laws on cooperative purchasing.
(http://www.ncpa.us/Statutes).
This contract is accessible nationally to public agencies whose state laws allow for
intergovernmental contract use.
Contract
SYNNEX NCPA 01-97 Advanced Technology Solutions Aggregator
Term
August 1, 2019 thru July 31, 2022 plus two additional option years.
Awarded Manufacturers
This contract covers all manufacturers listed on the SYNNEX corporate line card plus services
Freight
All deliveries to NCPA members shall be freight prepaid, FOB Destination. For authorized
Dealers, all standard commercial freight policies will apply. Possible assistance with freight will
be determined on a case by case basis. Additional freight costs may apply for white glove,
special and expedited delivery requirements.
10.4.b
Packet Pg. 32 Attachment: NCPA (National Cooperative Purchasing Alliance) 01-97 Advanced Technology Solutions (2724 : Replacement Computers Under
CITY OF MENIFEE
SUBJECT: Plot Plan No. PLN20-0167 "Boulders Mixed Use Project" IS-
MND Agreements
MEETING DATE: November 4, 2020
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Approve a Developer Reimbursement Agreement between the City of Menifee and
Boulders Menifee, LLC related to the Plot Plan No. PLN20-0167 Project, located on the
northeast corner of Normandy Road and Berea Road,: CEQA Technical Studies and
Initial Study-Mitigated Negative Declaration (IS-MND) preparation; and
2. Adopt a Resolution appropriating $119,724 from available fund balance to Account
#100-4330-52825 (Professional Services (Recoverable)); and
3. Approve a Professional Services Agreement with LSA Associates, Inc. in the not-to-
exceed amount of $108,840 for CEQA Technical Studies and Initial Study-Mitigated
Negative Declaration (IS-MND) for the Plot Plan No. PLN20-0167 Project; and
4. Authorize City Manager to execute the agreement and approve necessary contract
amendment(s) up to 10% or $10,884.
DISCUSSION
Plot Plan No. PLN20-0167 (“Boulders Mixed Use Project”), located on the northeast corner of
Normandy Road and Berea Road, proposes development of a mixed use commercial and
multiple family residential project consisting of a three-story office building with an area of
25,402 square feet, a 8,223 square foot day care building with outdoor play area and 236-unit
apartment complex consisting of 14 three-story apartment buildings and one 3,280 square foot
clubhouse on 9.92 acres. A total of 430 parking stalls (covered and uncovered) are proposed
for the overall project.
As a next step to move forward with the project, technical studies will need to be completed, and
based on the complexity of the proposed development for the project, depending on the
findings/outcome of the technical studies, either an Initial Study-Mitigated Negative Declaration
10.5
Packet Pg. 33
City of Menifee Staff Report
Plot Plan No. PLN20-0167 Agreements
November 4, 2020
Page 2 of 3
(IS-MND) or an Environmental Impact Report (EIR) will need to be completed. To ensure
objectivity and protect public interest, the City shall select consultant(s) in the preparation of
CEQA documents and related studies, for projects within the City boundaries. Accordingly, staff
has solicited and received project specific proposals from qualified firms in the preparation of
technical studies and an IS-MND and/or EIR for the Boulders Mixed Use Project.
In the spring of 2019, the City’s Community Development Department issued a competitive
Request for Qualifications (RFQ) for qualified firms to provide various on-call Professional
Planning Services. A Selection/Evaluation Committee comprised of internal Community
Development (Planning) staff evaluated and ranked each proposal on the following criteria:
qualifications of the firm, proposed team and organization, past experience and references, and
project management system, and an On-Call List resulting from the RFQ was approved at the
June 19, 2019 City Council meeting. Of the five responses received, only two (Kimley Horn and
LSA) were able to provide a proposal/pricing for both the IS-MND and EIR. The other three
proposals received provided proposals for the IS-MND only.
The proposals were evaluated by Community Development staff for completeness in meeting
the requested services, cost proposals, project teams, and past experiences. Following
completion of its review, staff recommends the following:
• Approval of Professional Services Agreement with LSA Associates, Inc. in the not to
exceed amount of $108,840 for Technical Studies and Initial Study-Mitigated Negative
Declaration (IS-MND) for the Boulders Mixed Use Project and;
• Authorization for the City Manager to approve necessary contract amendment(s) up to
10% or $10,844.
It is important to note, the proposed agreement with LSA Associates, Inc. is based on an Initial
Study-Mitigated Negative Declaration (IS-MND) being required per the outcome of technical
studies. If, however, it is determined an EIR will be necessary instead, the associated costs for
such study would be $237,765, representing an additional $125,925 from the proposed
agreement amount. If it is determined that an EIR is necessary, staff will return with a
recommended contract amendment, budget appropriation request, and require the developer to
deposit the difference before proceeding.
All costs associated with the preparation of the technical studies and an Initial Study-Mitigated
Negative Declaration or EIR for the Boulders Mixed Use Project will be fully recovered as the
project applicant is required to deposit sufficient funds with the City prior to the work in the study
commences.
FISCAL IMPACT
The fiscal impact of the proposed Professional Services Agreement with LSA Associates, Inc.
for this project is $108,840 and requires a corresponding budget appropriation from available
fund balance in the amount of $119,724 (to include any potential necessary amendment(s) up to
10%).
10.5
Packet Pg. 34
City of Menifee Staff Report
Plot Plan No. PLN20-0167 Agreements
November 4, 2020
Page 3 of 3
A Resolution authorizing budget appropriation in the amount of $119,724 from available General
Fund balance to Account # 100-4330-52825 (Professional Services (Recoverable)) is included
for approval.
The full costs of the services rendered by Michael Baker International, Inc. for this project are
covered by a fee deposited with the city by the project applicant. The applicant will pay all
contract and preparation costs plus a 15% administrative fee, per standard procedure.
ATTACHMENTS
1. FUND 100- Budget Amendment Resolution FY 20-21 -November 4th City Council
Meeting General Fund (LSA Agreement)
2. 2021 CD- PROFESSIONAL SERVICES AGREEMENT (LSA)(BOULDER MIXED USE
PROJECT)(ENV. CONSULTING SVCS)
3. Developer Reimbursement Agreement (Boulder Mixed Use Project)(Boulders Menifee
LLC)
10.5
Packet Pg. 35
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
10.5.a
Packet Pg. 36 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -November 4th City Council Meeting General Fund (LSA Agreement) [Revision
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
October 21, 2020 Various Expenditures
General Fund (FY19/20
Budget Carry-Over)
100-XXXX-XXXXX 1,329,739
November 4, 2020 Professional Services
(Recoverable)
100-4330-52825 119,724
TOTAL: $1,760,448
Increase FY 2020/21 Expenditure Budget: $51,150,023
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:
Amended FY 2020/21 Revenue Budget: $ 49,426,687
Expenditures:
Professional Services (Recoverable) $119,724
Amended FY 2020/21 Expenditure Budget: $ 51,150,023
10.5.a
Packet Pg. 37 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -November 4th City Council Meeting General Fund (LSA Agreement) [Revision
City of Menifee Resolution No. 20-___
Amending the Fiscal Year 2020/21 Budget
3
PASSED, APPROVED AND ADOPTED this 4th day of November, 2020.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney
10.5.a
Packet Pg. 38 Attachment: FUND 100- Budget Amendment Resolution FY 20-21 -November 4th City Council Meeting General Fund (LSA Agreement) [Revision
2671/031858-0001
7630421.2 a05/22/20
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL CONSULTING SERIVCES FOR BOULDERS MIXED USE
PROJECT (INITIAL STUDY/MITIGATED NEGATIVE DECLARATION)
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 LSA Associates, Inc, a California 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 November 4, 2020
and shall end on December 31, 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 a
provider of first class work and services and 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.
10.5.b
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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 ONE HUNDRED EIGHT
THOUSAND EIGHT HUNDRED FORTY DOLLARS AND ZERO CENTS ($108,840.00)
notwithstanding 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
10.5.b
Packet Pg. 40 Attachment: 2021 CD- PROFESSIONAL SERVICES AGREEMENT (LSA)(BOULDER MIXED USE PROJECT)(ENV. CONSULTING SVCS) (2716 :
2671/031858-0001
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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 five percent (5%) 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.
10.5.b
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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.
10.5.b
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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.
10.5.b
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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:
ENVIRONMENTAL CONSULTING SERIVCES FOR BOULDERS MIXED USE
PROJECT (INITIAL STUDY/MITIGATED NEGATIVE DECLARATION). 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
10.5.b
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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
10.5.b
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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. 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.
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
10.5.b
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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.
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.
10.5.b
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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.
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
10.5.b
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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.
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
10.5.b
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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 Debbie McLean (“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, Ryan Fowler, Sr. Planner (“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:
LSA Associates, Inc
Attn: Debbie McLean
20 Executive Park, Suite 200
Irvine, CA 92614
10.5.b
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Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Ryan Fowler, Sr. Planner
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.
10.14 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.
10.5.b
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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]
10.5.b
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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
Jeff Bray, President
Mike Trotta, CFO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
10.5.b
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Scope of Services shall include environmental consulting services for the Boulders Mixed Use
Project consisting of the following:
• Initial Study/Mitigated Negative Declaration (Task 1.0 through 5.0) with Optional Tasks
2.4.2 and 2.4.3
In the not to exceed amount of ONE HUNDRED EIGHT THOUSAND EIGHT HUNDRED
FORTY DOLLARS AND ZERO CENTS ($108,840.00), as further detailed in the following
pages.
10.5.b
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EXHIBIT A
10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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10.5.b
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November 4, 2020
680/031858-0003
14598110.2 a10/30/20
BOULDERS MENIFEE LLC
15916 BERNARDO CENTER DRIVE
SAN DIEGO, CA 92127
Re: Agreement for the Deposit and Reimbursement of fees incurred by the City of
Menifee in Conducting and Processing Analysis under the California
Environmental Quality Act of PLOT PLAN NO. PLN20-0167 (“BOULDERS
MIXED USED PROJECT”)
Dear Mr. Wilson:
BOULDERS MENIFEE LLC (“Developer”) has requested that the City of Menifee
(“City”) consider PLOT PLAN NO. PLN20-0167 (“BOULDERS MIXED USED PROJECT”),
located at the northeast corner of Normandy Road and Berea Road (APN 339-200-080), and which
proposes development of a mixed use commercial and multiple family residential project
consisting of a three-story office building with an area of 25,402 square feet, a 8,223 square foot
day care building with outdoor play area and 236-unit apartment complex consisting of 14 three-
story apartment buildings and one (1) 3,280 square foot clubhouse on 9.92 acres and includes total
of 430 parking stalls (covered and uncovered) are proposed for the overall project (“Project”). To
conduct its review and analysis of the Project, the City is required to conduct an environmental
analysis (“CEQA Analysis”) as required by the California Environmental Quality Act, Public
Resources Code section 21000 et seq., and its implementing guidelines found at Title 14 of the
California Code of Regulations section 15000 et seq.
The City will commence to take the steps necessary, at Developers sole expense so that the
City will be able to conduct and complete the CEQA Analysis. Developer has indicated that it is
prepared to reimburse the City for all costs associated with the City’s conduct, processing, and
consideration of the CEQA Analysis including without limitation in-house staff time and
resources, environmental consultant time and resources, City’s legal counsel’s time and resources,
and other third party cost items. For example, the costs incurred by the City to engage an
environmental review consultant, and any necessary sub-consultants or technical consultants, to
conduct the CEQA Analysis shall be borne by Developer. This letter serves as an “Initial Deposit
Agreement” by and between Developer and the City.
10.5.c
Packet Pg. 87 Attachment: Developer Reimbursement Agreement (Boulder Mixed Use Project)(Boulders Menifee LLC) (2716 : Plot Plan No. PLN20-0167
Mr. Rich Wilson, Managing Partner
Error! Reference source not found.
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To assist the City in undertaking their consideration of whether or not to approve the
Project, Developer agrees to provide the City with an initial deposit in the amount of $137,683
(“Initial Deposit”). The Initial Deposit is the estimated full amount of the costs to be incurred by
the City in or in connection with the conduct, processing, review, evaluation, and action taken on
the CEQA Analysis (“Analysis Costs”). The Initial Deposit shall be deposited with the City, to
the attention of the Finance Director, on or before November 4, 2020 (“Effective Date”).
The Initial Deposit shall be used to reimburse the Analysis Costs. If at any time the City
in its sole discretion determines that the Analysis Costs will exceed the amount of the Initial
Deposit, then Developer shall, within ten (10) days of receipt of written demand from the City,
supplement the deposit amount so that the amount remaining on deposit with the City equals all
remaining estimated Analysis Costs (“Deposit Supplement”). The City may from time to time
repeat the process of revising the estimated Analysis Costs and requiring a revised deposit amount
from Developer (upon ten (10) days written notice) (“Further Deposit Supplement”). If
Developer fails to timely provide a Deposit Supplement or Further Deposit Supplement, the City
may without further notice cease all work on the CEQA Analysis and order that all consultants,
attorneys and third parties do the same (“Stop Work Order”). Developer understands and
acknowledges that, even if the deposit is fully exhausted, it shall remain fully responsible for
Analysis Costs incurred by the City up to the date that the City issues a Stop Work Order.
Developer understands and acknowledges that City shall exercise its sole and absolute
discretion in selecting and providing direction to any consultants or other third parties in
connection with the CEQA Analysis.
It is anticipated that the CEQA Analysis will be presented to the Menifee City Council for
consideration and potential action in the future. Developer and the City understand that the City
is reserving the right to exercise its sole and absolute discretion as to all matters over which the
City is, by law, entitled or required to exercise discretion. By executing this Initial Deposit
Agreement, the City is not committing or agreeing to undertake any activity requiring the
subsequent discretion of the City , or any department of the City. The City’s execution of this
Initial Deposit Agreement is merely an agreement to allow the necessary work to be completed, at
Developer’s expense, to bring the CEQA Analysis forward for City consideration. Nothing in this
Initial Deposit Agreement shall be deemed to constitute a commitment by the City to approve or
certify the CEQA Analysis, or a prejudgment of the matters required to be considered as part of
the decision whether or not to approve the Project.
Please document Developer’s concurrence with these terms and limitations by signing
below and returning the originally executed letter to me, along with the Initial Deposit.
10.5.c
Packet Pg. 88 Attachment: Developer Reimbursement Agreement (Boulder Mixed Use Project)(Boulders Menifee LLC) (2716 : Plot Plan No. PLN20-0167
Mr. Rich Wilson, Managing Partner
Error! Reference source not found.
Page 3
680/031858-0003
14598110.2 a10/30/20
Very truly yours,
CITY OF MENIFEE
Cheryl Kitzerow, Community Development Director
APPROVED AS TO FORM:
By:
Jeffrey Melching, City Attorney
ACCEPTANCE OF INITIAL DEPOSIT AGREEMENT:
BOULDERS MENIFEE LLC
By: Date:
Mr. Rich Wilson, Managing Partner
10.5.c
Packet Pg. 89 Attachment: Developer Reimbursement Agreement (Boulder Mixed Use Project)(Boulders Menifee LLC) (2716 : Plot Plan No. PLN20-0167
CITY OF MENIFEE
SUBJECT: Newport Pointe Project Agreement Amendment
MEETING DATE: November 4, 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
Approve Amendment No. 1 to Professional Services Agreement with Michael Baker
International, Inc. for Technical Studies and Initial Study-Mitigated Negative Declaration (IS-
MND) for the Newport Pointe Project extending the term of services through December 31,
2021.
DISCUSSION
On March 18, 2020, City Council approved a professional services agreement with Michael
Baker International, Inc. for completion of the corresponding required technical studies and
Initial Study Mitigated Negative Declaration (IS-MSD) for the Newport Pointe Project. The
Newport Pointe Project is located on the southwest corner of Evans Road and Newport Road in
the City of Menifee. The proposed commercial project will include approximately 83,236 square
feet of commercial retail buildings and approximately 408 parking stalls. While the original
completion of the IS-MSD was scheduled for December 2020, the project developer
experienced some unanticipated delays. As a result, preparation of the IS-MND was temporarily
postponed and is now expected to be completed in early 2021.
Staff recommends extending the term of services to the executed agreement with Michael
Baker International, Inc. for the IS-MND review of the Newport Point Project through December
31, 2021. This will allow the necessary time for the study to be completed and cover any
unanticipated delays.
Pursuant to the City’s Municipal Code (Chapter 3.12.090), any time extension of the
performance deadline exceeding sixty (60) days requires City Council approval.
All other contract terms and conditions shall remain the same.
FISCAL IMPACT
10.6
Packet Pg. 90
City of Menifee Staff Report
Newport Pointe Project Agreement Amendment No. 1
November 4, 2020
Page 2 of 2
There will be no additional fiscal impact resulting from the approval of the proposed contract
amendment, as the compensation amount has not changed. The funding for the services
rendered under contract by Michael Baker International, Inc. for the Newport Pointe Project IS-
MND will be funded through the existing Purchase Order (PO) #02722 No additional budget
appropriation action(s) is required.
ATTACHMENTS
1. 2021 CD- Professional Services Agreement (Michael Baker)(Newport Pointe Project)
Amendment No. 1
2. Executed Professional Services Agreement with Michael Baker Inc. for Newport Point
Project
10.6
Packet Pg. 91
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN MICHAEL BAKER INTERNATIONAL CORPORATION
AND THE CITY OF MENIFEE FOR TECHNICAL STUDIES AND AN INITIAL STUDY-
MITIGATED NEGATIVE DECLARATION AND TECHNICAL STUDIES FOR THE NEWPORT
POINTE PROJECT
This is Amendment No. 1 to that certain AGREEMENT for Professional Services
Agreement (“Agreement”) made on by and between the City of Menifee (“City”) and MICHAEL
BAKER INTERNATIONAL CORPORATION (“Consultant”) for TECHNICAL STUDIES AND AN
INITIAL STUDY-MITIGATED NEGATIVE DECLARATION AND TECHNICAL STUDIES FOR
THE NEWPORT POINTE PROJECT which Amendment is made and entered into on
________________, 2020 to extend the term of service 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 the
February 5, 2020 and shall end on December 31, 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.
10.6.a
Packet Pg. 92 Attachment: 2021 CD- Professional Services Agreement (Michael Baker)(Newport Pointe Project) Amendment No. 1 (2718 : Newport Pointe
Professional Services Amendment No. 1 with MICHAEL BAKER INTERNATIONAL CORPORATION
CITY OF MENIFEE MICHAEL BAKER INTERNATIONAL, INC
_______________________________ _______________________________
Armando G. Villa, City Manager Michael Tylman, Assistant Secretary
Attest: ________________________________
John Tanner III, Vice President
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
10.6.a
Packet Pg. 93 Attachment: 2021 CD- Professional Services Agreement (Michael Baker)(Newport Pointe Project) Amendment No. 1 (2718 : Newport Pointe
10.6.b
Packet Pg. 94 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 95 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 96 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 97 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 98 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 99 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 100 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 101 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 102 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 103 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 104 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 105 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 106 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 107 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 108 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 109 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 110 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 111 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 112 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 113 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 114 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 115 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 116 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 117 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 118 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 119 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 120 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 121 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 122 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
10.6.b
Packet Pg. 123 Attachment: Executed Professional Services Agreement with Michael Baker Inc. for Newport Point Project (2718 : Newport Pointe Project
CITY OF MENIFEE
SUBJECT: Grant Deed / Open Space Easement for TM 28859,
Woodside Sky View
MEETING DATE: November 4, 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
Adopt a Resolution confirming approval of the Certificate of Acceptance for Grant Deed for
Open Space for Tract Map 28859 (TM 28859).
DISCUSSION
On October 7, 2020 the City Council approved a Grant Deed for four open space lots in Tract
Map 28859 (TM 28859), for storm drain and open space maintenance purposes. TM 28859
owned by Woodside OSS LP, is a subdivision of 64.5 acres of land into 161 single-family
residential units, located west of Valley Boulevard and north of Ridgemoor Road. The October 7
acceptance did not include a Resolution confirming the acceptance of the open space lots, and
in order to complete the transfer to City’s name, a Resolution confirming approval of the
Certificate of Acceptance has to be adopted by Council.
Staff recommends City Council approve the Resolution confirming approval of Certificate of
Acceptance for the open space lots.
FISCAL IMPACT
There is no fiscal impact on the City General Fund. The developer paid the fees to pay for the
cost of preparing and reviewing the grant deed and resolution.
ATTACHMENTS
1. Location Map for TR 28859
2. Resolution Accepting Grant Deed
10.7
Packet Pg. 124
VICINITY MAP
TRACT
28859
10.7.a
Packet Pg. 125 Attachment: Location Map for TR 28859 (2720 : Grant Deed / Open Space Easement for TM 28859)
1
RESOLUTION NO. 20-_____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
CONFIRMING THE APPROVAL OF THE CERTIFICATE OF ACCEPTANCE FOR THE
OPEN SPACE LOTS FOR TRACT 28859
WHEREAS, Open Space Lots 28, 34, 164 and 165 were included as part of Tract 28859, recorded
in Book 431 of Maps, pages 66 through 81 inclusive, and dedicated to the City of Menifee as a condition
of approval of the final tract map;
WHEREAS, the Grant Deed and Certificate of Acceptance for Open Space Lots 28, 34, 164 and
165 was previously approved by City Council without adopting a Resolution on October 7, 2020.
WHEREAS, the City Council now desires to confirm its prior approval of the Grant Deed and
Certificate of Acceptance for Open Space Lots 28, 34, 164 and 165 through adoption of a resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
resolves and orders as follows:
Section 1. Approval of Certificate of Acceptance – The City of Menifee hereby accepts and approves
the Open Space Grant Deed and Certificate of Acceptance for Open Space Lots 28, 34, 164 and 165 for
Tract 28859 as filed in Book 431 of Maps, pages 66 through 81 inclusive.
PASSED, APPROVED AND ADOPTED this 4th day of November, 2020.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
10.7.b
Packet Pg. 126 Attachment: Resolution Accepting Grant Deed [Revision 2] (2720 : Grant Deed / Open Space Easement for TM 28859)
CITY OF MENIFEE
SUBJECT: 10% Warrantee Bond Release for Tract Map 34180, Lennar
Homes of California Inc.
MEETING DATE: November 4, 2020
TO: Mayor and City Council
PREPARED BY: Luis Magallon, Associate Engineer
REVIEWED BY: Yolanda Macalalad, Assistant City Engineer
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Approve the release of the 10% Warrantee Surety Rider for Public Improvements associated
with Tract Map No. 34180, which is a development of 30.12 acres located in Heritage Lake on
the southwest corner of Grand Avenue and Briggs Road.
DISCUSSION
Tract Map 34180 is a residential development of 30.12 acres located on the southwest corner of
Grand Avenue and Briggs Road, as shown on “Exhibit A”. To comply with the project’s
Conditions of Approval, the developer Lennar Homes of California, Inc, entered into Bond
Agreements with the City of Menifee on March 8, 2013 and posted securities to guarantee
completion of the required improvements. On June 19, 2019, the required improvements were
completed to City specifications; therefore, the City reduced the Improvement Bonds by 90%.
The remaining 10% was retained as form of warranty for a minimum period of one year and may
be released upon City approval.
The developer is now requesting the release of the attached remaining 10% Warranty Bonds.
Staff completed a field review of the project and determined all required improvements have
been completed to City specification and all project conditions have been met to allow for the full
release of said bonds.
A. Release Warranty Bond:
Improvements Security Faithful Performance Labor & Material
Road / Drainage /
Water / Sewer
0585147 $ 292,050.00 N/A
10.8
Packet Pg. 127
City of Menifee Staff Report
10% Warrantee Bond Release for Tract Map 34180
November 4, 2020
Page 2 of 2
FISCAL IMPACT
The developer has paid the necessary fees and deposits to pay for the cost of processing the
release of the recommended Warranty Bond.
ATTACHMENTS
1. Exhibit A - Tract Map No. 34180
2. Surety Rider - Bond No. 0585147
10.8
Packet Pg. 128
10.8.a
Packet Pg. 129 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.a
Packet Pg. 130 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.a
Packet Pg. 131 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.a
Packet Pg. 132 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.a
Packet Pg. 133 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.a
Packet Pg. 134 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.a
Packet Pg. 135 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.a
Packet Pg. 136 Attachment: Exhibit A - Tract Map No. 34180 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.b
Packet Pg. 137 Attachment: Surety Rider - Bond No. 0585147 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.b
Packet Pg. 138 Attachment: Surety Rider - Bond No. 0585147 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
10.8.b
Packet Pg. 139 Attachment: Surety Rider - Bond No. 0585147 (2715 : 10% Warrantee Bond Release for Tract Map 34180)
CITY OF MENIFEE
SUBJECT: Riverside County Flood Control District Agreement for Tract
Maps 28791, 28792 and 28793, Pacific Mayfield by Lennar
Homes of California, Inc. Regarding Evans Road Storm
Drain Stage 3 and Silicate Drive Storm Drain Stage 2
MEETING DATE: November 4, 2020
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Associate Engineer
REVIEWED BY: Yolanda Macalalad, Assistant City Engineer
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Approve a Cooperative Agreement among the Riverside County Flood Control and
Water Conservation District, the City of Menifee, and Lennar Homes of California, Inc.
for the construction, ownership, operation and maintenance of the Evans Road Storm
Drain Stage 3 and Silicate Drive Storm Drain Stage 2; and
2. Authorize the City Manager to execute the Agreement.
DISCUSSION
Lennar Homes, the developer of Tract Map Nos. 28791, 28792, and 28793, (formerly Pinehurst,
LLC) also known as Pacific Mayfield development, is planning to construct certain flood control
facilities in order to provide flood protection and drainage for the development. The certain flood
control facilities are identified as the Riverside County Flood Control and Water Conservation
District (Flood Control District) Salt Creek - Evans Road Storm Drain, Stage 3 (Line C) and Salt
Creek - Silicate Drive Storm Drain, Stage 2 (Line A) and are shown in the attached exhibit.
The required drainage system includes the construction of two storm drain lines:
• Salt Creek – Evans Road Storm Drain, Stage 3 (Line C) which is comprised of
approximately 588 lineal feet of underground storm drain system. At its downstream
terminus, Line C will connect to Flood Control District’s existing Salt Creek – Evans
Road Storm Drain, Stage 2 facility.
• Salt Creek – Silicate Drive Storm Drain, Stage 2 (Line A) which is comprised of
approximately 1,560 lineal feet of underground storm drain system. At its downstream
10.9
Packet Pg. 140
City of Menifee Staff Report
Riverside County Flood Control District for Tracts 28791, 28792 and 28793, Lennar Homes
November 4, 2020
Page 2 of 2
terminus, Line A will connect to Flood Control District’s existing Salt Creek – Silicate
Drive Storm Drain, Stage 1 facility.
The storm drain facilities greater than 36 inches in diameter will be owned and operated by the
Flood Control District as District Drainage Facilities. Associated with the construction of the
project are appurtenances such as catch basins, connector pipes and storm drain lines that are
36 inches or less in diameter located within City right-of-way. The 36 inches or less in diameter
storm drain lines, outlets, catch basins and connector pipes will become City Facilities, owned,
and operated by the City. The District Drainage Facilities and the City Appurtenances are
together called the Project in a cooperative agreement proposed for approval and is more
particularly referred to as the Cooperative Agreement, Salt Creek – Evans Road Storm Drain,
Stage 2, Romoland MDP Line A-3, Stage 2, and Stage 3 Cooperative Agreement.
The parties to the cooperative agreement are the Flood Control District, the City of Menifee, and
Lennar Homes. The agreement memorializes the responsibilities of each party in the
construction, inspection, ownership, operation and maintenance of the District Facilities and the
City Appurtenances during construction and upon completion of the Project. Attached is a copy
of the agreement, which was reviewed and approved by both the City Attorney and the
Riverside County Counsel. A subsequent approval by the Riverside County Board of
Supervisors will fully execute the proposed agreement.
FISCAL IMPACT
There is no impact to the City General Fund. The developer is responsible for all costs that will
be incurred in constructing the Project. Upon completion of the Project, the Flood Control
District will be responsible for the operation and maintenance of the District Drainage Facilities,
and the City will be responsible for the Appurtenances which are funded from special taxes
collected under CFD 2015-2.
The developer has also paid for the costs incurred in the review and processing of the
cooperative agreement.
ATTACHMENTS
1. Storm Drain Exhibit
2. Vicinity Map
3. Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL
10.9
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Storm Drain Exhibit
10.9.a
Packet Pg. 142 Attachment: Storm Drain Exhibit (2694 : Riverside County Flood Control District for Tracts 28791, 28792 and 28793, Lennar Homes)
Vicinity Map
TM28791
TM28792
TM28793
N
10.9.b
Packet Pg. 143 Attachment: Vicinity Map (2694 : Riverside County Flood Control District for Tracts 28791, 28792 and 28793, Lennar Homes)
234108
- 1 -
COOPERATIVE AGREEMENT
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
This Cooperative Agreement ("Agreement"), dated as of __________________, is
entered into by and between the Riverside County Flood Control and Water Conservation District,
a body politic ("DISTRICT"), the City of Menifee, a municipal corporation ("CITY"), and Lennar
Homes of California, Inc., a California corporation ("DEVELOPER"), (together, the "Parties").
RECITALS
A. DEVELOPER is the legal owner of record of certain real property located
within the County of Riverside. DEVELOPER has submitted for approval Tract Map Nos. 28791,
28792 and 28793 located in the city of Menifee. As a condition of approval, DEVELOPER must
construct certain flood control facilities in order to provide flood protection and drainage for
DEVELOPER's planned development; and
B. The legal description of Tract Map Nos. 28791, 28792 and 28793 are
provided in Exhibit "A" attached hereto and made a part hereof; and
C. The required flood control facilities and drainage improvements, are shown
on DISTRICTꞌs Drawing No. 4-1130, the relevant portions of which are shown in concept on
Exhibit "B", attached hereto and a part hereof, include the construction of:
(i) Salt Creek – Silicate Drive Storm Drain, Stage 2 ("LINE A"), which
is comprised of approximately 1,560 lineal feet of underground
storm drain system, as shown in blue on Exhibit "B". At its
downstream terminus, LINE A will connect to DISTRICTꞌs
existing Salt Creek – Silicate Drive Storm Drain, Stage 1 facility as
shown on District Drawing No 4-0810;
10.9.c
Packet Pg. 144 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
234108
- 2 -
(ii) Salt Creek – Evans Road Storm Drain, Stage 3 ("LINE C"), which
is comprised of approximately 588 lineal feet of underground storm
drain system, as shown in red on Exhibit "B". At its downstream
terminus, LINE C will connect to DISTRICTꞌs existing Salt Creek
– Evans Road Storm Drain, Stage 2 facility as shown on District
Drawing No. 4-0809;
(iii) All safety devices requested by DISTRICT, including but not
limited to concrete pads, slope protection barriers, signage and
fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be
purchased and installed by DEVELOPER, and subject to
DISTRICT's inspection and approval. Together, LINE A, LINE C
and SAFETY DEVICES are hereinafter called "DISTRICT
FACILITIES"; and
D. Associated with the construction of DISTRICT FACILITIES is the
construction of certain catch basins, inlets, connector pipes, detention basin and various lateral
storm drains that are thirty-six inches (36") or less in diameter that are located within CITY held
easements or rights of way, as depicted in DISTRICT's Drawing No. 4-1130, hereinafter called
"APPURTENANCES"; and
E. Together, DISTRICT FACILITIES and APPURTENANCES are
hereinafter called "PROJECT"; and
F. DEVELOPER and CITY desire DISTRICT to accept ownership and
responsibility for the operation and maintenance of DISTRICT FACILITIES. Therefore,
DISTRICT must review and approve DEVELOPER's plans and specifications for PROJECT and
subsequently inspect the construction of DISTRICT FACILITIES; and
10.9.c
Packet Pg. 145 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
234108
- 3 -
G. DEVELOPER and DISTRICT desire CITY to accept ownership and
responsibility for the operation and maintenance of APPURTENANCES. Therefore, CITY must
review and approve DEVELOPER's plans and specifications for PROJECT and subsequently
inspect and approve the construction of PROJECT; and
H. DISTRICT is willing to (i) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of DISTRICT FACILITIES and (iii)
accept ownership and responsibility for the operation and maintenance of DISTRICT
FACILITIES, provided DEVELOPER (a) complies with this Agreement, (b) constructs
PROJECT in accordance with DISTRICT and CITY approved plans and specifications, and (c)
accepts ownership and responsibility for the operation and maintenance of PROJECT following
completion of PROJECT construction until such time as DISTRICT accepts ownership and
responsibility for the operation and maintenance of DISTRICT FACILITIES; and
I. CITY is willing to (i) review and approve DEVELOPER's plans and
specifications for PROJECT, (ii) inspect the construction of PROJECT, (iii) accept and hold
faithful performance and payment bonds submitted by DEVELOPER for DISTRICT
FACILITIES, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT
FACILITIES within CITY rights of way subject to the terms of this Agreement, and (v) accept
ownership and responsibility for the operation and maintenance of APPURTENANCES, provided
DEVELOPER (a) complies with this Agreement, (b) constructs PROJECT in accordance with
DISTRICT and CITY approved plans and specifications, (c) obtains and conveys to CITY all
rights of way necessary for the inspection, operation and maintenance of APPURTENANCES as
set forth herein, and (d) accepts ownership and responsibility for the operation and maintenance
of PROJECT following completion of PROJECT construction until such time as DISTRICT
accepts ownership and responsibility for the operation and maintenance of DISTRICT
10.9.c
Packet Pg. 146 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
234108
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FACILITIES and CITY accepts ownership and responsibility for the operation and maintenance
of APPURTENANCES; and
J. Pursuant to Water Code Appendix Section 10, the Board of Supervisors of
the County of Riverside is designated as, and is empowered to act as, ex officio the Board of
Supervisors of DISTRICT therefore the County of Riverside is included as an indemnified party;
and
K. For the purposes of this Agreement, the term "CITY" shall mean and refer
to City of Menifee, including its governing bodies, agencies, districts, special districts and
departments, their respective directors, councilmembers, officers, elected and appointed officials,
employees, agents and representatives.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
1. Prepare PROJECT plans and specifications, hereinafter called
"IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and
submit to DISTRICT and CITY for their respective review and approval.
2. Continue to pay DISTRICT and CITY, within thirty (30) days after receipt
of periodic billings from DISTRICT and CITY, any and all such amounts as are deemed
reasonably necessary by DISTRICT and CITY to cover DISTRICT's and CITY's costs associated
with the review and implementation of IMPROVEMENT PLANS, review and approval of rights
of way and conveyance documents, and with the processing and administration of this Agreement.
3. Deposit with DISTRICT (Attention: Business Office – Accounts
Receivable), at the time of providing written notice to DISTRICT and CITY of the start of
PROJECT construction as set forth in Section I.8., the estimated cost of providing construction
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inspection for DISTRICT FACILITIES, in an amount as determined and approved by DISTRICT
in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any
amendments thereto, based upon the bonded value of DISTRICT FACILITIES. If at any time the
costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit with DISTRICT,
DEVELOPER shall pay such additional amount(s) as deemed reasonably necessary by
DISTRICT to complete inspection of PROJECT within thirty (30) days after receipt of billing
from DISTRICT.
4. Deposit with CITY, at the time of providing written notice to DISTRICT
and CITY of the start of PROJECT construction as set forth in Section I.8., the estimated cost of
providing construction inspection for PROJECT, in an amount as determined and approved by
CITY in accordance with CITY's municipal code and regulations. If at any time the costs exceed
the deposit or are anticipated by CITY to exceed the deposit with CITY, DEVELOPER shall pay
such additional amount(s), as deemed reasonably necessary by CITY to complete inspection of
PROJECT, within thirty (30) days after receipt of billing from CITY.
5. Secure, at its sole cost and expense, all necessary licenses, agreements,
permits and rights of entry as may be needed for the construction, inspection, operation and
maintenance of PROJECT. DEVELOPER shall furnish DISTRICT and CITY, at the time of
providing written notice to DISTRICT and CITY of the start of construction as set forth in Section
I.8., or not less than twenty (20) days prior to recordation of the final maps for Tract Map Nos.
28791, 28792 and 28793 or any phase thereof, whichever occurs first, with sufficient evidence of
DEVELOPER having secured such necessary licenses, agreements, permits, and rights of entry,
as determined and approved by DISTRICT and CITY.
6. Prior to commencing construction, furnish DISTRICT and CITY with copies
of all permits, approvals or agreements required by any federal, state or local resource and/or
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regulatory agency for the construction, operation and maintenance of PROJECT. Such documents
include but are not limited to those issued by the U.S. Army Corps of Engineers, California
Regional Water Quality Control Board, California State Department of Fish and Wildlife, State
Water Resources Control Board and Western Riverside County Regional Conservation Authority
("REGULATORY PERMITS").
7. Provide CITY, at the time of providing written notice to DISTRICT and
CITY of the start of construction as set forth in Section I.8., or not less than twenty (20) days prior
to recordation of the final maps for Tract Map Nos. 28791, 28792 and 28793 or any phase thereof,
whichever occurs first, with faithful performance and payment bonds, each in the amount of one
hundred percent (100%) of the estimated cost for construction of DISTRICT FACILITIES and
APPURTENANCES as determined by DISTRICT and CITY, respectively. The surety, amount
and form of the bonds shall be subject to the approval of DISTRICT and CITY. The bonds shall
remain in full force and effect until DISTRICT FACILITIES and APPURTENANCES are
accepted by DISTRICT and CITY respectively as complete; at which time the bond amount may
be reduced to ten percent (10%) for a period of one year to guarantee against any defective work,
labor or materials.
8. Notify DISTRICT (Attention: Contract Services Section) and CITY in
writing at least twenty (20) days prior to the start of construction of PROJECT. Construction
shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and
CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to
commence construction of PROJECT.
9. Grant DISTRICT and CITY, by execution of this Agreement, the right to
enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining
access to and performing inspection service for the construction of PROJECT as set forth herein.
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10. If applicable, obtain and provide DISTRICT (Attention: Real Estate Services
Section), at the time of providing written notice to DISTRICT and CITY of the start of
construction as set forth in Section I.8., or not less than twenty (20) days prior to the recordation
of the final maps for Tract Map Nos. 28791, 28792 and 28793, with duly executed Irrevocable
Offers(s) of Dedication to the public for flood control and drainage purposes, including ingress
and egress, for the rights of way deemed necessary by DISTRICT for the construction, inspection,
operation and maintenance of DISTRICT FACILITIES. The Irrevocable Offer(s) of Dedication
shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners
of the property described in the offer(s).
11. If applicable, furnish DISTRICT, when submitting the Irrevocable Offer(s)
of Dedication as set forth in Section I.10., with Preliminary Reports on Title dated not more than
thirty (30) days prior to date of submission of all the property described in the Irrevocable Offer(s)
of Dedication.
12. Furnish DISTRICT and CITY, at the time of providing written notice to
DISTRICT and CITY of the start of construction as set forth in Section I.8., with a complete list
of all contractors and subcontractors to be performing work on PROJECT, including the
corresponding license number and license classification of each. At such time, DEVELOPER
shall further identify in writing its designated superintendent for PROJECT construction.
13. Furnish DISTRICT and CITY, at the time of providing written notice to
DISTRICT and CITY of the start of construction as set forth in Section I.8., a construction
schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's
contractor proposes to carry out the various parts of work, including estimated start and
completion dates. As construction of PROJECT progresses, DEVELOPER shall update said
construction schedule as requested by DISTRICT and/or CITY.
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14. Furnish DISTRICT with final mylar plans ("RECORD DRAWINGS") for
PROJECT, and assign their ownership to DISTRICT prior to the start on any portion of PROJECT
construction.
15. Not permit any change to, or modification of, DISTRICT and CITY
approved IMPROVEMENT PLANS without the prior written permission and consent of
DISTRICT and CITY.
16. Comply with all Cal/OSHA safety regulations including, but not limited to,
regulations concerning confined space and maintain a safe working environment for
DEVELOPER, DISTRICT and CITY employees on the site.
17. Furnish DISTRICT and CITY, at the time of providing written notice to
DISTRICT and CITY of the start of construction as set forth in Section I.8., a confined space
entry procedure specific to PROJECT. The procedure shall comply with requirements contained
in California Code of Regulations, Title 8 Section 5158, Other Confined Space Operations,
Section 5157, Permit Required Confined Space and District Confined Space Procedures, SOM-
18. The procedure shall be reviewed and approved by DISTRICT and CITY prior to the issuance
of a Notice to Proceed, which shall be given by DISTRICT to DEVELOPER upon DISTRICT's
and CITY's approval.
18. DEVELOPER shall not commence operations until DISTRICT and CITY
have been furnished with original certificate(s) of insurance and original certified copies of
endorsements and if requested, certified original policies of insurance including all endorsements
and any and all other attachments. Prior to DISTRICT issuing a Notice to Proceed to
DEVELOPER and/or DEVELOPER's construction contractor(s) to begin construction of
PROJECT, an original certificate of insurance evidencing the required insurance coverage shall
be provided to DISTRICT and CITY. At minimum, the procured insurance coverages should
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adhere to DISTRICTꞌs and CITYꞌs required insurance provided in Exhibit "D", attached hereto
and made a part hereof.
Failure to maintain the insurance required by this paragraph shall be deemed a
material breach of this Agreement and shall authorize and constitute authority for DISTRICT and
CITY, at their sole discretion, to provide written notice to DEVELOPER that either DISTRICT
or CITY will no longer be required to perform their obligations hereunder, nor accept
responsibility for ownership, operation and maintenance of PROJECT due, either in whole or in
part, to said breach of this Agreement.
19. Construct or cause to be constructed, PROJECT at DEVELOPER's sole cost
and expense in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS and
this Agreement.
20. Within two (2) weeks of completing PROJECT construction, provide
DISTRICT (Attention: Construction Management Section) and CITY with written notice that
PROJECT construction is substantially complete and requesting that DISTRICT conduct a final
inspection of DISTRICT FACILITIES and CITY conduct a final inspection of PROJECT.
21. If right of way conveyance to DISTRICT is required, upon completion of
PROJECT construction, and upon acceptance by CITY of all rights of way deemed necessary by
DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, convey, or
cause to be conveyed to DISTRICT the flood control easement(s) and/or grant deeds, including
ingress and egress, for the rights of way.
22. At the time of recordation of the conveyance document(s) as set forth in
Section I.21., furnish DISTRICT with policies of title insurance, each in the amount of not less
than (i) fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each
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easement parcel to be conveyed to DISTRICT, or (ii) one hundred percent (100%) of the estimated
value, as determined by DISTRICT, for each fee parcel to be conveyed to DISTRICT,
guaranteeing DISTRICT's interest in said property as being free and clear of all liens,
encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), and except
those which, in the sole discretion of DISTRICT, are acceptable.
23. Accept ownership and sole responsibility for the operation and maintenance
of PROJECT until such time as DISTRICT accepts ownership and responsibility for the operation
and maintenance of DISTRICT FACILITIES, and CITY accepts ownership and responsibility for
the operation and maintenance of APPURTENANCES.
24. Accept all liability whatsoever associated with the ownership, operation and
maintenance of PROJECT until such time as (i) DISTRICT FACILITIES are formally accepted
by DISTRICT for ownership, operation and maintenance, and (ii) APPURTENANCES are
formally accepted by CITY for ownership, operation and maintenance.
25. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of PROJECT, all costs and reasonable expenses and fees, including reasonable
attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees
shall be computed as costs and included in any judgment rendered.
26. Upon completion of PROJECT construction, but prior to DISTRICT
acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, and CITY
acceptance of APPURTENANCES for ownership, operation and maintenance, provide or cause
its civil engineer of record or construction civil engineer of record, duly registered in the State of
California, to provide DISTRICT and CITY with a redlined RECORD DRAWINGS copy of
PROJECT plans. After DISTRICT and CITY approval of the redlined RECORD DRAWINGS,
DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes
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onto DISTRICT's original RECORD DRAWINGS at DISTRICT's office, after which the
engineer shall review, stamp and sign the original PROJECT engineering plans RECORD
DRAWINGS.
27. Ensure that all work performed pursuant to this Agreement by
DEVELOPER, its agents or contractors is done in accordance with all applicable laws and
regulations, including but not limited to all applicable provisions of the Labor Code, Business
and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs
associated with compliance with applicable laws and regulations.
SECTION II
DISTRICT shall:
1. Review IMPROVEMENT PLANS and approve when DISTRICT has
determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT
prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and, if CITY deems appropriate in
its sole and absolute discretion, approve IMPROVEMENT PLANS prior to DISTRICT's final
approval. DISTRICT shall not approve IMPROVEMENT PLANS until CITY has provided its
approval pursuant to this Section.
3. Upon execution of this Agreement, record or cause to be recorded, a copy of
this Agreement in the Official Records of the Riverside County Recorder.
4. If applicable, record or cause to be recorded, the Irrevocable Offer(s) of
Dedication pursuant to Section I.10. Neither this section nor Section I.10 restricts CITY's ability
to require any other lawful Irrevocable Offer(s) of Dedication from DEVELOPER.
5. Inspect construction of DISTRICT FACILITIES.
6. Keep an accurate accounting of all DISTRICT costs associated with the
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review and approval of IMPROVEMENT PLANS, the review and approval of right of way and
conveyance documents, and the processing and administration of this Agreement.
7. Keep an accurate accounting of all DISTRICT construction inspection costs,
and within forty-five (45) days after DISTRICT acceptance of DISTRICT FACILITIES as being
complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section
I.3., exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty
(60) days after DISTRICT acceptance of DISTRICT FACILITIES as being complete.
8. Prior to DISTRICT acceptance of ownership and responsibility for the
operation and maintenance of DISTRICT FACILITIES, PROJECT shall be in a satisfactorily
maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and,
in the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition,
corrections shall be made at sole expense of DEVELOPER.
9. Accept ownership and sole responsibility for the operation and maintenance
of DISTRICT FACILITIES from DEVELOPER upon (i) DISTRICT inspection of DISTRICT
FACILITIES in accordance with Section I.20., (ii) DISTRICT acceptance of DISTRICT
FACILITIES construction as being complete, (iii) DISTRICT receipt of stamped and signed
RECORD DRAWINGS of PROJECT plans, as set forth in Section I.26., (iv) DISTRICT
acceptance of all rights of way as deemed necessary by DISTRICT and CITY for the ownership,
operation, and maintenance of DISTRICT FACILITIES and APPURTENANCES, (v) CITY
acceptance of APPURTENANCES for ownership, operation, and maintenance, and (vi)
DISTRICT's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained
condition.
10. Provide CITY with a reproducible duplicate copy of RECORD DRAWINGS
of PROJECT plans within ten (10) days of receipt.
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11. In the event CITY wishes to utilize DISTRICT's construction inspection,
materials testing and construction survey services, and CITY provides DISTRICT with a written
request for such services under Section III.3, DISTRICT shall provide a timely response whether
or not they have the resources to perform such services. If DISTRICT wishes to provide such
services, DISTRICT shall provide all necessary construction inspection, materials testing and
construction survey services for PROJECT and assist CITY as needed with the administration of
PROJECT's construction contract. DISTRICT hereby agrees to pay all DISTRICT costs
associated with the inspection of PROJECT construction, as set forth herein.
SECTION III
CITY shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of
PROJECT construction.
2. Accept CITY and DISTRICT approved faithful performance and payment
bonds submitted by DEVELOPER as set forth in Section I.7., and hold said bonds as provided
herein.
3. Inspect PROJECT construction or cause PROJECT's construction to be
inspected by its construction manager, to be reimbursed by DEVELOPER. In the event CITY
wishes to utilize DISTRICT's construction inspection, materials testing and construction survey
services, CITY shall provide DISTRICT with a written request (Attn: Construction Management
Section) for such services pursuant to Section II.11, above.
4. Upon request by DISTRICT, CITY shall review any requested Irrevocable
Offer(s) of Dedication in connection with PROJECT, and accept any such Irrevocable Offers of
Dedication on behalf of DISTRICT. In the same action, CITY shall immediately convey the
property interest(s) associated with the requested Irrevocable Offer(s) of Dedication to DISTRICT
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via quitclaim or other similar conveyance document, which shall be prepared by DISTRICT.
DISTRICT shall be deemed to have accepted the property interest(s) associated with the requested
Irrevocable Offer(s) of Dedication upon the recordation of the conveyance document.
5. Grant DISTRICT, by execution of this Agreement, the right to inspect,
operate and maintain DISTRICT FACILITIES within CITY rights of way, provided DISTRICT
(including its employees, supervisors, agents, contractors, and anyone else operating under their
direction) exercises such right(s) in a safe and reasonable manner that does not adversely impact
the public health and safety.
6. Accept ownership and sole responsibility for the operation and maintenance
of APPURTENANCES upon (i) DISTRICT acceptance of DISTRICT FACILITIES for
ownership, operation and maintenance, (ii) CITY inspection of PROJECT in accordance with
Section I.20., (iii) CITY and DISTRICT acceptance of PROJECT construction as being complete,
(iv) CITY receipt of signed reproducible duplicate copy of RECORD DRAWINGS of PROJECT
plans, as set forth in Section II.10., (v) CITY acceptance of all rights of way as deemed necessary
by DISTRICT and CITY for the ownership, operation, and maintenance of DISTRICT
FACILITIES and APPURTENANCES, and the (vi) CITY's sole determination that PROJECT is
in a satisfactorily maintained condition. In addition to the foregoing, CITY's acceptance under
this section shall not be effective until DISTRICT's acceptance of DISTRICT FACILITIES under
Section II, above. As such, until DISTRICT accepts DISTRICT FACILITIES, the ownership and
maintenance obligations regarding APPURTENANCES shall be the sole responsibility of
DEVELOPER.
7. Release occupancy permits in accordance with the approved conditions of
approval.
8. Notwithstanding any of the foregoing, prior to accepting ownership of
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APPURTENANCES, PROJECT shall be in a satisfactorily maintained condition as solely
determined by CITY. If, subsequent to the inspection and, in the sole discretion of CITY,
APPURTENANCES are not in an acceptable condition, corrections shall be made at sole expense
of DEVELOPER.
9. Upon DISTRICT and CITY acceptance of PROJECT construction as being
complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers
located within CITY rights of way which must be performed at such time(s) that the finished
grade along and above the underground portion of DISTRICT FACILITIES is improved, repaired,
replaced or changed. It being further understood and agreed that any such adjustments shall be
performed at no cost to DISTRICT.
SECTION IV
It is further mutually agreed by the Parties hereto that:
1. All work involved with PROJECT shall be inspected by DISTRICT and
CITY, and shall not be deemed complete until DISTRICT and CITY mutually agree in writing
that construction of PROJECT is completed in accordance with DISTRICT and CITY approved
IMPROVEMENT PLANS.
2. CITY and DEVELOPER personnel may observe and inspect all work being
done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely
responsible for all quality control communications with DEVELOPER's contractor(s) during the
construction of PROJECT. Prior to any communication with DEVELOPER under this section,
DISTRICT and CITY personnel shall meet and confer, and agree to all communications conveyed
to DEVELOPER. If DISTRICT and CITY should disagree as to the content of any particular
communication, DISTRICT personnel agree to communicate CITY comments to DEVELOPER
in addition to DISTRICT comments.
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3. DEVELOPER shall complete construction of PROJECT within twelve (12)
consecutive months after execution of this Agreement and within one hundred twenty (120)
consecutive calendar days after commencing work on PROJECT. It is expressly understood that
since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within
the agreed upon time shall constitute authority for DISTRICT to perform the remaining work and
require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. In which case,
CITY shall subsequently reimburse DISTRICT for DISTRICT costs incurred.
4. If DEVELOPER fails to commence construction of PROJECT within nine
(9) months after execution of this Agreement, then DISTRICT and CITY reserve the right to
withhold issuance of the Notice to Proceed pending a review of the existing site conditions as they
exist at the time DEVELOPER provides written notification to DISTRICT and CITY of the start
of construction as set forth in Section I.8. In the event of a change in the existing site conditions
that materially affects PROJECT function or DISTRICT's ability to operate and maintain
DISTRICT FACILITIES or CITY's ability to operate and maintain APPURTENANCES,
DISTRICT or CITY may require DEVELOPER to modify IMPROVEMENT PLANS as deemed
necessary by DISTRICT or CITY. Under no circumstances shall either DISTRICT or CITY be
allowed to modify IMPROVEMENT PLANS without the consent of the other.
5. DISTRICT and CITY shall endeavor to issue DEVELOPER a Notice to
Proceed within twenty (20) days of receipt of DEVELOPER's complete written notice, as set forth
in Section I.8.; however, DISTRICT's and CITYꞌs construction inspection staff is limited and,
therefore, the issuance of a Notice to Proceed is subject to staff availability.
In the event DEVELOPER wishes to expedite issuance of the Notice(s) to
Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at
DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation
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of the individual's credentials and experience to DISTRICT and CITY for review and if
appropriate, approval as determined by DISTRICT and CITY in their reasonable discretion.
DISTRICT and CITY shall review the individual's qualifications and experience and, upon
approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be authorized
to act on DISTRICT's and CITYꞌs behalf on all PROJECT construction and quality control
matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section
I.3. exceeds ten thousand dollars ($10,000), DISTRICT shall refund to DEVELOPER up to eighty
percent (80%) of DEVELOPER's initial inspection deposit within forty-five (45) days of
DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum balance of ten thousand
dollars ($10,000) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour work
week with no work on Saturdays, Sundays or DISTRICT or CITY designated legal holidays,
unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is
necessary to work more than the normal forty (40) hour work week or on holidays, DEVELOPER
shall make a written request for permission to DISTRICT and CITY to work the additional hours.
The request shall be submitted to DISTRICT and CITY at least seventy-two (72) hours prior to
the requested additional work hours and state the reasons for the overtime and the specific time
frames required. The decision of granting permission for overtime work shall be made by
DISTRICT and CITY, whose respective decisions can be given in at their sole discretion and shall
be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the
cost incurred at the overtime rates for additional inspection time required in connection with the
overtime work in accordance with Ordinance Nos. 671 and 749, including any amendments
thereto, of the County of Riverside, as well as CITY's applicable fee schedule and/or other related
ordinance or regulation. Notwithstanding the foregoing, should DISTRICT agree to provide
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inspection and management services to CITY pursuant to a request by CITY under Section II.11
and Section III.3, above, CITY can also agree to not require its consent under this section.
7. INDEMNIFICATION OBLIGATIONS:
i. DEVELOPER INDEMNIFICATION OF DISTRICT AND THE
COUNTY OF RIVERSIDE. DEVELOPER shall indemnify and hold
harmless DISTRICT and the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors,
officers, Board of Supervisors, elected and appointed officials,
employees, agents and representatives (individually and collectively
hereinafter referred to as ("DISTRICT INDEMNITEES") from any
liability whatsoever, claim, damage, proceeding or action, present or
future, based upon, arising out of or in any way relating to
DEVELOPER's (including its officers, employees, contractors,
subcontractors and agents) actual or alleged acts or omissions related
to this Agreement, performance under this Agreement, or failure to
comply with the requirements of this Agreement, including but not
limited to: (a) property damage; (b) bodily injury or death; (c) liability
or damage pursuant to Article I, Section 19 of the California
Constitution, the Fifth Amendment of the United States Constitution or
any other law, ordinance or regulation caused by the diversion of waters
from the natural drainage patterns or the discharge of drainage within
or from PROJECT; or (d) any other element of any kind or nature
whatsoever arising from the performance of DEVELOPER, its officers,
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employees, contractors, subcontractors, agents or representatives
("Indemnitors") from this Agreement.
DEVELOPER shall defend, at its sole expense, including all costs and
fees (including but not limited to attorney fees, cost of investigation,
defense and settlements or awards), DISTRICT INDEMNITEES in any
claim, proceeding or action for which indemnification is required.
With respect to any action or claim subject to indemnification herein
by DEVELOPER, DEVELOPER shall, at its sole cost, have the right
to use counsel of their own choice and shall have the right to adjust,
settle, compromise any such claim, proceeding or action without the
prior consent of DISTRICT and the County of Riverside; provided,
however, that any such adjustment, settlement or compromise in no
manner whatsoever limits or circumscribes DEVELOPER's
indemnification obligations to DISTRICT INDEMNITEES as set forth
herein.
DEVELOPER's indemnification obligations hereunder shall be
satisfied when DEVELOPER has provided to DISTRICT and the
County of Riverside the appropriate form of dismissal (or similar
document) relieving DISTRICT and the County of Riverside from any
liability for the claim, proceeding or action involved.
ii. DEVELOPER INDEMNIFICATION OF CITY. DEVELOPER shall
indemnify and hold harmless CITY, including its governing bodies,
agencies, districts, councilmembers, special districts and departments,
their respective directors, officers, elected and appointed officials,
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employees, agents and representatives, (individually and collectively
("CITY INDEMNITEES") from any liability, claim, damage,
proceeding or action, present or future, based upon, arising out of or in
any way relating to this Agreement, or DEVELOPER's (including its
officers, employees, subcontractors and agents) actual or alleged acts
or omissions related to this Agreement, DEVELOPER's performance
under this Agreement, or DEVELOPER's failure to comply with the
requirements of this Agreement, including, but not limited to: (a)
property damage; (b) bodily injury or death; (c) liability or damage
pursuant to Article I, Section 19 of the California Constitution, the Fifth
Amendment of the United States Constitution or any other law,
ordinance or regulation caused by the diversion of waters from the
natural drainage patterns or the discharge of drainage within or from
PROJECT; or (d) any other element of any kind or nature whatsoever.
DEVELOPER shall defend, at its sole expense, including all costs and
fees (including but not limited to attorney fees, cost of investigation,
defense and settlements or awards), CITY INDEMNITEES with legal
counsel reasonably satisfactory to CITY in any claim proceeding or
action for which indemnification is required. If DEVELOPER fails to
meet its indemnification obligation, CITY shall have the right, but not
the obligation, to do so with counsel of their own choosing, with no
right of approval by DEVELOPER and, if it does, DEVELOPER shall
promptly pay CITY's full cost thereof, with payments made at least on
a monthly basis.
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DEVELOPER's indemnification obligations as to CITY shall be
satisfied when DEVELOPER has provided to CITY a form of dismissal
regarding any liability for the claim, proceeding or action involved, and
CITY determines that the form of dismissal is adequate in their sole
and absolute discretion. Notwithstanding the foregoing, DEVELOPER
shall enter into no settlement agreement or final resolution of any
pending claim covered under this subsection, without CITY's prior
written approval.
iii. Should DISTRICT and CITY fail to agree with the implementation of
this section, or if a pending claim pertains to only one of the two parties,
DEVELOPER shall be required to comply with this section as to
DISTRICT and CITY individually.
iv. The specified insurance limits required in this Agreement shall in no
way limit or circumscribe DEVELOPER's obligations to indemnify
and hold harmless DISTRICT INDEMNITEES and/or CITY
INDEMNITEES from third party claims.
v. In the event there is conflict between this section and California Civil
Code Section 2782, this section shall be interpreted to comply with
California Civil Code Section 2782. Such interpretation shall not
relieve DEVELOPER from indemnifying the Indemnities or CITY to
the fullest extent allowed by law.
8. DEVELOPER for itself, its successors and assigns hereby releases
DISTRICT, the County of Riverside and CITY (including their agencies, districts, special districts
and departments, their respective directors, officer, Board of Supervisors, elected and appointed
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Packet Pg. 164 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
234108
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officials, employees, agents and representatives) from any and all claims, demands, actions, or
suits of any kind arising out of any liability, known or unknown, present or future, including but
not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution, or any other law
or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused
by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute
a release by DEVELOPER of DISTRICT, or the County of Riverside, or their officers, agents and
employees from any and all claims, demands, actions or suits of any kind arising out of any
liability, known or unknown, present or future, for the negligent maintenance of DISTRICT
FACILITIES, after the acceptance of ownership, operation and maintenance of DISTRICT
FACILITIES by DISTRICT.
9. Any waiver by DISTRICT or by CITY of any breach of any one or more of
the terms of this Agreement shall not be construed to be a waiver of any subsequent or other
breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to
require exact, full and complete compliance with any terms of this Agreement shall not be
construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from
enforcement hereof.
10. This Agreement is to be construed in accordance with the laws of the State
of California. If any provision in this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect
without being impaired or invalidated in any way.
11. Any and all notices sent or required to be sent to the parties of this Agreement
will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
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Packet Pg. 165 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
234108
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1995 Market Street
Riverside, CA 92501
Attn: Contract Services Section
To CITY: CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: Yolanda Macalalad
City Engineer, Land Development Section
To DEVELOPER: LENNAR HOMES OF CALIFORNIA, INC.
908 Montecito Drive, Suite 302
Corona, CA 92879
Attn: Jeremiah Acayturri
12. Any action at law or in equity brought by any of the parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive
all provisions of law providing for a change of venue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the parties hereto, and
the advice and assistance of their respective counsel, as such the authorship of this Agreement
shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not
be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
Likewise, any uncertainty or ambiguity in this Agreement shall not be construed against CITY
because CITY participated in the preparation of this Agreement.
14. The rights, obligations, and releases (including the indemnification
obligations) of DEVELOPER shall inure to and be binding upon all heirs, successors and
assignees.
15. DEVELOPER shall not assign or otherwise transfer any of its rights, duties
or obligations hereunder to any person or entity without the written consent of the other parties
hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER
expressly understands and agrees that it shall remain liable with respect to any and all of the
10.9.c
Packet Pg. 166 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
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obligations and duties contained in this Agreement.
16. The individual(s) executing this Agreement on behalf of DEVELOPER
hereby certify that they have the authority within their company to enter into and execute this
Agreement, and have been authorized to do so by any and all boards of directors, legal counsel,
and/or any other board, committee or other entity within their company which have the authority
to authorize or deny entering this Agreement.
17. This Agreement is intended by the parties hereto as a final expression of their
understanding with respect to the subject matters hereof and as a complete and exclusive statement
of the terms and conditions thereof and supersedes any and all prior and contemporaneous
agreements and understandings, oral or written, in connection therewith. This Agreement may be
changed or modified only upon the written consent of the parties hereto.
19. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute one and the same
instrument.
//
//
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Packet Pg. 167 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
.
(to be filled in by Clerk of the Board) RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By By
JASON E. UHLEY KAREN SPIEGEL, Chairwoman
General Manager-Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors APPROVED AS TO FORM: ATTEST: GREGORY P. PRIAMOS KECIA HARPER County Counsel Clerk of the Board
By By
LEILA MOSHREF-DANESH Deputy
Deputy County Counsel
(SEAL)
[SIGNED IN COUNTERPART]
Cooperative Agreement w/ City of Menifee and Pinehurst, LLC:
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
10/19/2020
AMR:blm
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Packet Pg. 168 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
234108
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RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
By By
YOLANDA MACALALAD ARMANDO G. VILLA
City Engineer City Manager APPROVED AS TO FORM: ATTEST:
By By
JEFFERY T. MELCHING SARAH MANWARING
City Attorney City Clerk
(SEAL)
Cooperative Agreement w/ City of Menifee and Pinehurst, LLC:
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
10/19/2020
AMR:blm
10.9.c
Packet Pg. 169 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
234108
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LENNAR HOMES OF CALIFORNIA, INC.
a California corporation
By:
GEOFFREY SMITH
Vice President
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Cooperative Agreement w/ City of Menifee and Pinehurst, LLC:
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
10/19/2020
AMR:blm
10.9.c
Packet Pg. 170 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
Exhibit A
COOPERATIVE AGREEMENT
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
1 of 1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
TENTATIVE MAP NO. TTM 28791 IS A SUBDIVISION OF THE LAND DESCRIBED AS FOLLOWS:
PARCEL 5, OF PARCEL MAP NO. 28785, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 219, PAGES 49 THROUGH 54,
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED MAY 20, 2013 AS INSTRUMENT
NO. 2013-0239320 OFFICIAL RECORDS.
APN: 360-040-032-4
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
TENTATIVE MAP NO. TTM 28792 IS A SUBDIVISION OF THE LAND DESCRIBED AS FOLLOWS:
PARCEL 6, OF PARCEL MAP NO. 28785, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 219, PAGES 49 THROUGH 54,
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED MAY 20, 2013 AS INSTRUMENT
NO. 2013-0239320 OFFICIAL RECORDS.
APN: 360-040-033-5
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
TENTATIVE MAP NO. TTM 28793 IS A SUBDIVISION OF THE LAND DESCRIBED AS FOLLOWS:
PARCEL 7, OF PARCEL MAP NO. 28785, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 219, PAGES 49 THROUGH 54,
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED MAY 20, 2013 AS INSTRUMENT
NO. 2013-0239320 OFFICIAL RECORDS.
APN: 360-040-034-6
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Packet Pg. 171 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
EXHIBIT B
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Packet Pg. 172 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside
Exhibit C
COOPERATIVE AGREEMENT
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
Page 1 of 5
DISTRICT's and CITYꞌs Required Insurance are as follows:
Without limiting or diminishing DEVELOPER's obligation to indemnify or hold
DISTRICT or CITY harmless, DEVELOPER shall procure and maintain or cause to be
maintained, at its sole cost and expense, the following insurance coverages during the term of this
Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside
County Flood Control and Water Conservation District, the County of Riverside, its Agencies,
Districts, Special Districts, and Departments, their respective directors, officers, Board of
Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
As respects to the insurance section only, the CITY herein refers to the City of
Menifee, its agencies, districts, departments, and their respective directors, officers, City Council,
employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers' Compensation:
If DEVELOPER has employees as defined by the State of California,
DEVELOPER shall maintain statutory Workers' Compensation Insurance
(Coverage A) as prescribed by the laws of the State of California. Policy shall
include Employers' Liability (Coverage B) including Occupational Disease with
limits not less than $1,000,000 per person per accident. Policy shall be endorsed
to waive subrogation in favor of the DISTRICT and CITY.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to,
premises liability, unmodified contractual liability, products and completed
operations liability, personal and advertising injury and cross liability coverage,
covering claims which may arise from or out of DEVELOPER's performance of
its obligations hereunder. Additionally, Commercial General Liability insurance
no less broad than ISO form CG 00 01. Policy shall name DISTRICT and CITY
as Additional Insureds. Policy's limit of liability shall not be less than $5,000,000
per occurrence combined single limit. If such insurance contains a general
10.9.c
Packet Pg. 173 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
Exhibit C
COOPERATIVE AGREEMENT
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
Page 2 of 5
aggregate limit, it shall apply separately to this Agreement or be no less than two
(2) times the occurrence limit. DISTRICT and CITY must be an additional
insured for liability arising out of ongoing and completed operations by or on
behalf of DEVELOPER. DISTRICT and CITY shall continue to be an additional
insured for completed operations for two years after completion of the work. If
DEVELOPER maintains higher limits than the specified minimum limits,
DISTRICT and CITY require and shall be entitled to coverage for the higher
limits maintained by DEVELOPER.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations
under this Agreement, then DEVELOPER shall maintain liability insurance for
all owned, non-owned or hired vehicles so used in an amount not less than
$1,000,000 per occurrence combined single limit. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be no less
than two (2) times the occurrence limit. Policy shall name DISTRICT and CITY
as Additional Insureds.
D. Professional Liability:
DEVELOPER shall cause any architect or engineer retained by DEVELOPER in
connection with the performance of DEVELOPER's obligations under this
Agreement to maintain Professional Liability Insurance providing coverage for
the performance of their work included within this Agreement, with a limit of
liability of not less than $2,000,000 per occurrence and $4,000,000 annual
aggregate. DEVELOPER shall require that, if such Professional Liability
Insurance is written on a claims made basis rather than an occurrence basis, such
insurance shall continue through the term of this Agreement and that such
architect or engineer shall purchase at such architect or engineer's sole expense
either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or
2) Prior Dates Coverage from a new insurer with a retroactive date back to the
10.9.c
Packet Pg. 174 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
Exhibit C
COOPERATIVE AGREEMENT
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
Page 3 of 5
date of, or prior to the inception of this Agreement; or 3) demonstrate through
Certificates of Insurance that such architect or engineer has maintained
continuous coverage with the same or original insurer. Coverage provided under
items: 1), 2) or 3) shall continue for the term specified in the insurance policy,
which shall be reasonably acceptable to DISTRICT and CITY.
E. General Insurance Provisions – All Lines:
i. Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A.M. BEST rating of not
less than an A: VIII (A: 8) unless such requirements are waived, in writing,
by the DISTRICT Risk Manager and CITY. If the DISTRICTꞌs Risk
Manager and CITY waive a requirement for a particular insurer such waiver
is only valid for that specific insurer and only for one policy term.
ii. DEVELOPER must declare its insurance self-insured retention for each
coverage required herein. If any such self-insured retention exceeds
$500,000 per occurrence each such retention shall have the prior written
consent of the DISTRICT Risk Manager and CITY before the
commencement of operations under this Agreement. Upon notification of
self-insured retention deemed unacceptable to DISTRICT or CITY and at
the election of CITY or the DISTRICTꞌs Risk Manager, DEVELOPER's
carriers shall either: 1) reduce or eliminate such self-insured retention with
respect to this Agreement with DISTRICT; or 2) procure a bond which
guarantees payment of losses and related investigations, claims
administration, and defense costs and expenses.
iii. DEVELOPER shall cause their insurance carrier(s) or its contractor's
insurance carrier(s), to furnish DISTRICT and CITY with 1) a properly
executed original certificate(s) of insurance and certified original copies of
endorsements effecting coverage as required herein; and 2) if requested to
do so orally or in writing by CITY or the DISTRICT Risk Manager, provide
10.9.c
Packet Pg. 175 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
Exhibit C
COOPERATIVE AGREEMENT
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
Page 4 of 5
original certified copies of policies including all endorsements and all
attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the
covenant of the insurance carrier(s) that a minimum of thirty (30) days
written notice shall be given to DISTRICT and CITY prior to any material
modification, cancellation, expiration or reduction in coverage of such
insurance. If DEVELOPER insurance carrier(s) policies does not meet the
minimum notice requirement found herein, DEVELOPER shall cause
DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of
Cancellation Endorsement.
iv. In the event of a material modification, cancellation, expiration or reduction
in coverage, this Agreement shall terminate forthwith, unless DISTRICT
and CITY receive, prior to such effective date, another properly executed
original certificate of insurance and original copies of endorsements or
certified original policies, including all endorsements and attachments
thereto, evidencing coverages set forth herein and the insurance required
herein is in full force and effect. An individual authorized by the insurance
carrier to do so on its behalf shall sign the original endorsements for each
policy and the certificate of insurance.
v. It is understood and agreed by the parties hereto that DEVELOPER's
insurance shall be construed as primary insurance, and DISTRICT's and
CITY's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
vi. If, during the term of this Agreement or any extension thereof, there is a
material change in the scope of services or there is a material change in the
equipment to be used in the performance of the scope of work which will
add additional exposures (such as the use of aircraft, watercraft, cranes,
etc.); or the term of this Agreement, including any extensions thereof,
10.9.c
Packet Pg. 176 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
Exhibit C
COOPERATIVE AGREEMENT
Salt Creek – Evans Road Storm Drain, Stage 3
Salt Creek – Silicate Drive Storm Drain, Stage 2
Project Nos. 4-0-00171 and 4-0-00173
(Tract Map Nos. 28791, 28792 and 28793)
Page 5 of 5
exceeds five (5) years, DISTRICT and CITY reserve the right to adjust the
types of insurance required under this Agreement and the monetary limits
of liability for the insurance coverages currently required herein, if, in
CITY's or the DISTRICT Risk Manager's reasonable judgment, the amount
or type of insurance carried by DEVELOPER has become inadequate.
vii. DEVELOPER shall pass down the insurance obligations contained herein
to all tiers of contractors and subcontractors working under this Agreement.
viii. The insurance requirements contained in this Agreement may be met with
a program(s) of self-insurance acceptable to DISTRICT and CITY.
ix. DEVELOPER agrees to notify DISTRICT and CITY of any claim by a third
party or any incident or event that may give rise to a claim arising from the
performance of this Agreement.
DEVELOPER hereby agrees to waive rights of subrogation which any insurer of
DEVELOPER may acquire from DEVELOPER by virtue of the payment of any loss.
DEVELOPER agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the CITY or DISTRICT has
received a waiver of subrogation endorsement from the insurer. However, the Workers'
Compensation policy shall be endorsed with a waiver of subrogation in favor of the DISTRICT
and CITY for all work performed by the DEVELOPER, its employees, agents, contractors and
subcontractors.
The insurance required by this section must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of contract work. If coverage is
canceled or non-renewed, and not replaced with another claims-made policy form with a
retroactive date prior to the contract effective, or start of work date, the DEVELOPER must
purchase extended reporting period coverage for a minimum of five (5) years after completion of
contract work.
10.9.c
Packet Pg. 177 Attachment: Agreement - Salt Creek Evans Rd Silicate Dr (TR28791-792-793) FINAL (2694 : Riverside County Flood Control District for Tracts
CITY OF MENIFEE
SUBJECT: Bonds and Agreements for Tract Map 29835-2, -3,
Underwood Development by KB Home Coastal Inc.
MEETING DATE: November 4, 2020
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Associate Engineer
REVIEWED BY: Yolanda Macalalad, Assistant City Engineer
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Approve and accept Bonds and Agreements associated with the proposed subdivision of 87.47
acres of land into 65 lots for single-family residential use for Tract Map 29835-2 located
northeast of Antelope Road and Chambers Avenue, and 29.45 acres of land into 134 lots for
single-family residential use for Tract Map 29835-3 located at the northeast corner of Antelope
Road and Rouse Road.
DISCUSSION
Tract Map 29835-2 is a proposed subdivision of 87.47 acres of land into 65 lots for single-family
residential use located northeast of Antelope Road and Chambers Avenue, as shown on the
attached Exhibit A. Tract Map 29835-3 is a proposed subdivision of 29.45 gross acres of land
into 134 lots for single-family residential use, located at the northeast corner of Antelope Road
and Rouse Road, as shown on the attached Exhibit B.
KB Home Coastal, Inc., the owner of Tract Map 29835-2, -3, is requesting acceptance of the
Bonds and Agreements as required by the project’s conditions of approval. The Bonds and
Agreements will guarantee that the developer will complete the required improvements within 24
months from the Council date approving the Final Map.
Staff reviewed the request and has determined that the Bonds and Agreements meet the
requirements of the project conditions; therefore, staff recommends acceptance of the Bonds
and Agreements.
A. Tract Map 29835-2, -3 Improvements:
Improvement Security Faithful Performance Material & Labor
Streets
(TM29835-2)
EACX4003619 $1,533,000.00 $766,500.00
10.10
Packet Pg. 178
City of Menifee Staff Report
Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.
November 4, 2020
Page 2 of 2
Drainage
(TM29835-2)
EACX4003619 $2,732,000.00 $1,366,000.00
Water System
(TM29835-2, -3)
EACX4003619 $2,804,000.00 $1,402,000.00
Recycled Water
(TM29835-2, -3)
EACX4003619 $2,668,500.00 $1,334,250.00
Sewer System
(TM29835-2, -3)
EACX4003619 $1,380,500.00 $690,250.00
Streets
(TM29835-3)
024247074 $1,877,000.00 $938,500.00
Total $12,995,000.00 $6,497,500.00
FISCAL IMPACT
The 199 single-family residential lots created by this development will pay its share for
improvements to City infrastructure and service through the payment of Development Impact
Fees and Special Districts taxes and assessments. The additional units to the City’s housing
population will contribute to the City’s economic growth through generated tax from sales and
property taxes.
There is no impact on the City General Fund with regards to the processing of the bond
agreements, the developer paid the necessary fees to prepare and review all documents for the
Bond Agreements.
ATTACHMENTS
1. Exhibit A - Vicinity Map TM29835-2
2. Exhibit B - Vicinity Map TM29835-3
3. Bonds and Agreements TM29835-3
4. Bonds and Agreements TM29835-2, -3
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Packet Pg. 179
Vicinity Map N
10.10.a
Packet Pg. 180 Attachment: Exhibit A - Vicinity Map TM29835-2 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
Vicinity Map N
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Packet Pg. 181 Attachment: Exhibit B - Vicinity Map TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
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Packet Pg. 182 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 183 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 184 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 185 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 186 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 187 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 188 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 189 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 190 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 191 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 192 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 193 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 194 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 195 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 196 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 197 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
10.10.c
Packet Pg. 198 Attachment: Bonds and Agreements TM29835-3 (2688 : Bonds and Agreements for Tract Map 29835-2, -3, Underwood by KB Home Coastal Inc.)
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CITY OF MENIFEE
SUBJECT: Grant of Easements for Landscape, Storm Drain and Water
Quality Improvements for Tract Maps 36485-2 and 36485-4,
Sutter Mitland 01, LLC
MEETING DATE: November 4, 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
1. Accept grant of easement for Landscape and Maintenance purposes for certain
landscape improvements completed with the development of Tract Map 36485-2; and
2. Accept grant of easement for Storm Drain and Water Quality purposes for certain
drainage improvements completed with the development of Tract Map 36484-4; and
3. Authorize the City Manager or the City Engineer to sign the easement documents.
DISCUSSION
The attached exhibits show Tract Maps 36485-2 and 36485-4, two of the map phases in the
master subdivision Tract Map (TM) 36485 in the North Audie Murphy Ranch (AMR)
development, located north of Newport Road and east of Goetz Road. The tract map is
currently nearing build out and as the master developer Sutter Mitland 01 LLC is preparing to
turn over completed offsite public improvements to the City for maintenance as conditioned of
the tract, certain improvements require easements to be granted to the City before the City can
maintain.
TM 36485 is within the boundaries of the AMR CFD 2012-1, the special district formed to
provide funding through special taxes, for the cost of maintaining public improvements built by
the AMR development. The certain improvements for which easements are necessary for the
City CFD to maintain include landscape improvements along Goetz Road in TR 36485-2, and
storm drain and water quality improvements in TR36485-4. The attached exhibits depict the
locations of these improvements.
Staff reviewed the easements and determined it correctly depict the locations and boundaries of
the improvement accepted for CFD maintenance. Staff also verified that such improvements
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City of Menifee Staff Report
Grant of Easements for Tract Maps 36485-2 and 36485-4, Sutter Mitland 01, LLC
November 4, 2020
Page 2 of 2
have already been included in the list of facilities that have been agreed to be included in the
maintenance by the AMR CFD 2012-1.
FISCAL IMPACT
There is no fiscal impact on the City General Fund, the developer paid the necessary fees and
deposits to pay for staff and City Surveyor’s time in reviewing and approving the proposed
easement documents and accompanying legal documents.
The special taxes on residential units within the boundaries of CFD 2012-1 will fund the cost of
maintaining public improvements built by the AMR development, once turned over to the City.
ATTACHMENTS
1. TR 36485-2 Landscape Improvements
2. TR 36485-4 Storm Drain and Water Quality Improvements
3. Landscape Maintenance Easement, TR36485-2
4. Storm Drain and Water Quality, TR36485-4
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Drawing: R:\\261373\\Exhibit\\Easement Quitclaims\\373 - EXH - 36485-2 Easement Exhibit.dwg Layout: p 11x17 L Saved: 10/19/2020 8:41 AM Plotted: 10/19/2020 9:56 AM Plot Scale: 1:1 By: Kyle McQuilkin
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EASEMENT EXHIBIT
TRACT. NO. 36485-2
Engineering, Inc.
357 N. SHERIDAN STREETENGINEERING
SURVEYINGSUITE 117
CORONA, CALIFORNIA 92880TEL. (951) 279-1800FAX (951) 279-4380
GOETZ
ROAD
AUDIE MURPHY ROAD (S)DIABLO WAY PINESWHISPERING PLAINSMAN CIRCLECIRCLETEXICAN
TRAIL
CROOKEDDIABLO
WAYMERRICK LANELANE
MERRICK
ANDALUCIA
WAYCITY OF CANYON LAKE
TR. 36485-3
TR. 36485-5
TR. 36485-1
NORMANDY ROAD
BRIDLEGATEWAY
DRIVE
CIRCLEBIG
DRIVE
COUNTRY
PA 40B WEST PASEO PARK
NEWPORT RD.RAILROADCANYON RD.CANYON
LAKE DR.GOETZ RD.MURRIETA RD.VICINITY MAPINTERSTATE15
INTERSTATE
215\A1;S.P. 209PROJECT SITETR. 36485-2
N.T.S. SECTION 6, T6S, R3WTHOMAS GUIDE PAGE 867
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Packet Pg. 254 Attachment: TR 36485-2 Landscape Improvements (2712 : Grant of Easements for Tract Maps 36485-2 and 36485-4, Sutter Mitland 01, LLC)
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Drawing: R:\\261373\\Exhibit\\Easement Quitclaims\\373 - EXH - 36485-4 Easement Exhibit.dwg Layout: p 11x17 L Saved: 10/19/2020 9:53 AM Plotted: 10/19/2020 9:54 AM Plot Scale: 1:1 By: Kyle McQuilkin
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EASEMENT EXHIBIT
TRACT NO. 36485-4
Engineering, Inc.
357 N. SHERIDAN STREETENGINEERING
SURVEYINGSUITE 117
CORONA, CALIFORNIA 92880TEL. (951) 279-1800FAX (951) 279-4380 AUDIEMURPHYROAD S.TR. 36485-3
SALT CREEKTR. 36485-7
TR. 31822-F
PA 40D EAST PASEO PARK TR. 36485-10
BIG
DRIVECOUNTRY DRIVEBIG
COUNTRY
NEWPORT RD.RAILROADCANYON RD.CANYON
LAKE DR.GOETZ RD.MURRIETA RD.VICINITY MAPINTERSTATE15
INTERSTATE
215\A1;S.P. 209PROJECT SITETR. 36485-4
N.T.S. SECTION 6, T6S, R3WTHOMAS GUIDE PAGE 867
PA 30 PARK104 O.S.
103 O.S.105 O.S.
111 O.S.
110 O.S.
106 O.S.PA 44A10.11.b
Packet Pg. 255 Attachment: TR 36485-4 Storm Drain and Water Quality Improvements (2712 : Grant of Easements for Tract Maps 36485-2 and 36485-4, Sutter
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Packet Pg. 266 Attachment: Storm Drain and Water Quality, TR36485-4 (2712 : Grant of Easements for Tract Maps 36485-2 and 36485-4, Sutter Mitland 01, LLC)
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Packet Pg. 267 Attachment: Storm Drain and Water Quality, TR36485-4 (2712 : Grant of Easements for Tract Maps 36485-2 and 36485-4, Sutter Mitland 01, LLC)
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Packet Pg. 268 Attachment: Storm Drain and Water Quality, TR36485-4 (2712 : Grant of Easements for Tract Maps 36485-2 and 36485-4, Sutter Mitland 01, LLC)
CITY OF MENIFEE
SUBJECT: Final Parcel Map 37674 for All Star Super Storage, LLC
MEETING DATE: November 4, 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 and authorize the filing of Final Parcel Map 37674, located on Haun Road, between
Wickerd Road and Garbani Road, for All Star Super Storage, LLC (APN 360-350-029).
DISCUSSION
The attached Final Parcel Map 37674 (PM 37674) proposes the subdivision of an 18.95 acre
commercial parcel into two (2) commercial parcels, located on east side of Haun Road between
Wickerd Road and Garbani Road. The two parcels consist of an existing 8.79-acre developed
parcel on the northern portion of the site (Parcel 1), and a 10.16-acre vacant parcel on the
southern portion of the site (Parcel 2). No buildings or structures are being proposed for Parcel
2.
Prior to the proposed subdivision, the property was existing as two separate legal parcels until
the property owner, All Star Super Storage, LLC decided to merge the two parcels as one parcel
and obtained City approval for the merger. After filing a final merger map, the property owner
then decided to abandon the development of one merged parcel and filed a new application with
the City to revert the property to its original condition consisting of two parcels. The application
was approved by the Planning commission as TPM 2019-026 (TPM 37674) on November 13,
2019.
The property owner is now requesting approval of the final Parcel Map, as required by the
project’s conditions of approval. Staff reviewed the request and has determined that the final
Parcel Map meets the requirements of the project conditions and is therefore recommending
approval for recordation.
FISCAL IMPACT
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City of Menifee Staff Report
Final Parcel Map 37674, All Star Super Storage LLC
November 4, 2020
Page 2 of 2
There is no fiscal impact on the General Fund. The property owner paid the deposits and fees to
pay for the costs of reviewing the final map and all documents associated with its
recommendation for approval.
ATTACHMENTS
1. PM 37674
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Packet Pg. 271 Attachment: PM 37674 (2671 : Final Parcel Map 37674, All Star Super Storage LLC)
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Packet Pg. 272 Attachment: PM 37674 (2671 : Final Parcel Map 37674, All Star Super Storage LLC)
CITY OF MENIFEE
SUBJECT: Civil Pros, Inc. Agreement Amendment No. 1 for the Scott
Road/Bundy Canyon Road Widening Project, CIP 20-01
MEETING DATE: November 4, 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 to Professional Services Agreement with Civil Pros, Inc. for
the Scott Road/Bundy Canyon Road Widening Project, CIP 20-01, providing funding for
additional services in the amount of $81,980; and
2. Authorize the City Manager to execute Amendment No. 1 to the Professional Services
Agreement with Civil Pros, Inc.
DISCUSSION
The City of Menifee contracted the services of Civil Pros, Inc. in July 2019 to complete
Environmental, Design, and Right-of-Way services for the widening of Scott Road from Haun
Road to Sunset Boulevard.
The scope of the work included various items that were identified at the time and relied on past
environmental reports prepared and certified by the County of Riverside Transportation and
Land Management and the City of Wildomar. Due to the extent and complexity of the project,
some assumptions were made in preparing the scope of the work and collaboration with the
Scott Road Interchange project and other adjacent private development projects were
necessary to ensure timing with these other projects are taken into account.
The project is at 60% level of completion and is on schedule to be completed by September
2021. The next project phase includes the preparation of 90% plans and specifications,
estimates for right-of-way acquisition and appraisals, coordination with utility agencies (Edison,
EMWD, communication utilities) for the relocation of their facilities, and preparation and
submittals of permit applications to appropriate environmental agencies.
During the investigation phase of the project and subsequent environmental review of the
existing certified Environmental Impact Report (EIR), it became evident that additional work not
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City of Menifee Staff Report
CIP 20-01 - Scott Road Widening Project - Amendment 1
November 4, 2020
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included in the original scope was needed in order to meet the project’s environmental and
design requirements.
The additional work identified are listed below:
1. Update Traffic Analysis: The existing EIR was certified by the City of Wildomar in
2014. The traffic analysis prepared for this EIR contained counts from 2008 and had a
horizon year (opening year) of 2015. Engineering and Planning Departments met and
determined that the Traffic Analysis requires an update to meet CEQA requirements.
The total amount for this additional work is $30,130.
2. Historical Evaluation for Additional Impacted Properties: Once the alignment of the
road was established during the project design stage, it became evident that three
additional existing residences may have to be acquired to meet design geometry. The
existing homes have been in place for a long time, and in order to meet CEQA
requirements, a historical evaluation is needed for the two homes which are more than
45 years old. The total amount for this additional work is $7,500.
3. Additional Traffic Signal Design at Sunset Avenue/Bundy Canyon Road: The
project ends at Sunset Avenue which is the boundary limit between the City of Menifee
and the City of Wildomar. An existing residential development called “Oak Creek” in the
City of Wildomar is underway which is proposed to be constructed in phases, with the
first phase constructing limited improvement on Bundy Canyon Road and an “ALL-WAY”
STOP sign at the intersection of Bundy Canyon Road and Sunset Avenue. In order for
this intersection to meet City of Menifee standards and mitigate traffic congestion with
the widening project, a Traffic Signal needs to be designed and constructed with the
City’s project. This work was not part of the original scope of work, the City’s
contribution for the design of this Traffic Signal is $20,075.
4. Additional Traffic Signal Modification at Scott Road/Haun-Ziders Road
Intersection: During the 60% design phase of the widening project, it was discovered
that the proposed eastbound bike lane and lane geometry was in conflict with the
recently completed improvements for the Scott Road/I-215 Interchange project. In order
to fix this conflict, the southwest corner of this intersection needs to be modified along
with striping and signage on the east side of this intersection. The total amount for this
additional work is $19,075.
5. Hydraulic and Hydrology Modifications: The project’s Scope of Work requires the
consultant to follow the Riverside County Flood Control design guidelines for the design
of the project’s proposed drainage system. Civil Pros was directed by the City
Engineering department to coordinate with the City’s Master Drainage Plan (MDP)
project consultants to ensure that both design guidelines and data are matching. This
effort required additional modeling of data that were not anticipated. The total amount
for this additional work is $5,200.
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City of Menifee Staff Report
CIP 20-01 - Scott Road Widening Project - Amendment 1
November 4, 2020
Page 3 of 3
The total cost for the additional work listed above for Civil Pros to perform is $81,980. This
additional cost represents approximately 3.5% of the original contract amount of $2,340,960.
Therefore, the revised not-to-exceed contract value for Civil Pros, Inc. is $2,422,940.
Pursuant to Menifee Municipal Code Chapter 3.12.090, any contract change orders in the
amount greater than 10% of the contract amount or that exceeds $25,000 in value shall be
approved by City Council. All other terms of the agreements shall remain the same.
FISCAL IMPACT
The not-to-exceed amount of $81,980 for additional services is budgeted from the following fund
account:
Account Name and Number Available Balance Requested Amount
Scott Road/Bundy Canyon
Road Widening
410-4555-58083
$601,794
$81,980
ATTACHMENTS
1. Scott Road Additional services letter
2. 2021 PW-ENG- PROFESSIONAL SERVICES AGREEMENT (CIVILPROS)(CIP 20-01)
AMENDMENT NO. 1
10.13
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zililcrv[-pRos
luly 15,2020
The City of Menifee
Public Works Department
29844 Haun Road
lvlenifee, CA 92586
Attention: Carlos Geronimo, PE Principal Engineer
Subject: Additional Servi.es for Bundy Canyon Road/Scott Road WideninS; CIP 20'01
Dear Carlos:
Based on our past conversations and Monthly Project Development Team (PDT) meetinSs,
several additional tasks were requested that were not part of the oriSinal scope for this project.
Those items are as follows:
1.Updated Trallic Analysis: The EIR for the overal corridor dates 2014 was certified in 2014.
The traffic analysis that was part of the original EIR had a horizon year of 2015 and
contained traffic counts from 2008. Since the traffic analysis was significantly outdated,
the Public Works Department requested that we update thc traffic analysis findings to
meet CEQA requirements. CivilPros contracted with Stack Traffic Consultants (STC) to
complete the analysis. The total amount for this additional work is 530,130.
Historical Evaluation for impacted properties: Dur ng the design of the project, it became
evident that three residential homes within the project footprint may have to be acqLlired
to meet design geometry. A cost/benefit analysis was completed, and it was determined
that the cost to keep the houses (using retaining walls and changed geometry) far
exceeded the value of the homes. Based on the cost benefit analysis, CivilPros was
lnstructed to proceed with the understanding that the homes wouLd be acquired during
the right of way phase. Two ofthethree homeswere constructed over45years ago. ln
accordance with CEQA requirements, a historicaL evaluation is needed on the two homes.
Slnce this task was not included within our original scope for the project, a proposal was
completed by our sub-consultant, Rincon Consultants. The total amount for this
additional task is 57,500.
Traffic Signal Design at Sunset/Bundy Canyon Road: During PDT meeting number 8 in
luly, the Public Works Department requested that we provide a proposal for design of a
Traffic Signal at thls intersection. The signal design will include a warrant analysis to
determine the future timeframe when the signal should be installed. The total amount
for the signal design and warrant analysis at this location is 520,075.
L
3.
10.13.a
Packet Pg. 276 Attachment: Scott Road Additional services letter (2710 : CIP 20-01 - Scott Road Widening Project - Amendment 1)
zfiiclvil-pRos
5.
4,Traffic Signal Modification at Scott Road/Haun-Zeiders lntersection: During the 50%
design phase, it was discovered that the eastbound bike lane and lane geometry could be
in conflict with the recently completed improvements for the Scott Road/l-215
lnterchange project. Toimprovethis,theexistingsignal atthesouthwestquadrantofthe
intersection wil need to me modified a ong with strlplng and signage on the east s de of
the intersection. CivilPros was asked to provide an estimate for th is design because it was
not part of the original scope of the project. The total cost for this item is 519,075.
Hvdraulic and Hydrologv Modifications: During the project kick off, civiLPros completed
a "Basis of Design" (BOD) document. The BOD set the parameters for the design and was
reviewed and approved by the Publlc Works Department. The BOD indicated that
clvilPros was to follow Riverside County Flood Control design guideLines which in.luded
soil parameters. Recently, CiviLPros was instructed to change to soil parameters to
cornply with the data used for the City Master Plan of Drainage, which is being completed
by another consultant for the Publlc Works Department. This change required additional
modeling and analysis by our team. The total cost for this additional work is S5,200,
Attached to this letter is a complete cost breakdown Ior each of the noted items.
ClvllPros hereby requests that the Public Works Department lssue a contract change order for
the above noted items in the total amount not to exceed 581,980. This change order ls
approxlmately 3.50% of the original contract ar.ount of 52,340,960 and would result in a new
total contract amounl aI 52,422,94A.
Feel free to contact me at 951-538-2267 or Bob.morin(acivilpros.com if you have any questions
or would like to discuss this request in more detail.
Sincerely,
Assistant Vice President
R1,,,,,, o,
3850 Vine St I Suite 110 | Riverside I California | 92507
10.13.a
Packet Pg. 277 Attachment: Scott Road Additional services letter (2710 : CIP 20-01 - Scott Road Widening Project - Amendment 1)
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN CIVILPROS
AND THE CITY OF MENIFEE FOR CIP 20-01: BUNDY CANYON ROAD/SCOTT ROAD
WIDENING PROJECT PROFESSIONAL ENGINEERING SERVICES
This is Amendment No. 1 to that certain AGREEMENT for Professional Services
Agreement (“Agreement”) made on September 18, 2019 by and between the City of Menifee
(“City”) and CIVILPROS (“Consultant”) for CIP 20-01: BUNDY CANYON ROAD/SCOTT ROAD
WIDENING PROJECT PROFESSIONAL ENGINEERING SERVICES which Amendment is
made and entered into on ______________, 2020 to increase the scope of work and
compensation amount as indicated below:
1. Section 2, “Compensation” is amended to read as follows, increasing the contract amount
by: $81,980.00 (EIGHTY ONE THOUSAND NINE HUNDRED EIGHTY DOLLARS AND
ZERO CENTS)
Section 2. City hereby agrees to pay Consultant a sum not to exceed
$2,422,940.00 (TWO MILLION FOUR HUNDRED TWENTY TWO THOUSAND NINE
HUNDRED FORTY DOLLARS AND ZERO CENTS) notwithstanding any contrary
indications that may be contained in Consultant's proposal, for 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 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 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.
Section 3. Exhibit A, Scope of Services is supplemented to include
Amendment No. 1 Scope of Work Additional Work, which supplement is attached as
Exhibit A hereto. “Amendment No. 1 Scope of Work Additional Work (Amendment
No. 1)” is not intended to replace the original Exhibit A to the Agreement, but instead to
augment and increase the scope of work listed in the original Exhibit A to the Agreement.
2. All other terms and conditions of the Agreement remain in full force and effect.
10.13.b
Packet Pg. 278 Attachment: 2021 PW-ENG- PROFESSIONAL SERVICES AGREEMENT (CIVILPROS)(CIP 20-01) AMENDMENT NO. 1 (2710 : CIP 20-01 - Scott
Professional Services Amendment No. 1 with CIVILPROS
CITY OF MENIFEE CIVILPROS
_______________________________ _______________________________
Armando G. Villa, City Manager Robert Morin, Assistant Vice President
Attest: ________________________________
Douglas Sawyer, Vice President
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
.
10.13.b
Packet Pg. 279 Attachment: 2021 PW-ENG- PROFESSIONAL SERVICES AGREEMENT (CIVILPROS)(CIP 20-01) AMENDMENT NO. 1 (2710 : CIP 20-01 - Scott
Professional Services Amendment No. 1 with CIVILPROS
10.13.b
Packet Pg. 280 Attachment: 2021 PW-ENG- PROFESSIONAL SERVICES AGREEMENT (CIVILPROS)(CIP 20-01) AMENDMENT NO. 1 (2710 : CIP 20-01 - Scott
Professional Services Amendment No. 1 with CIVILPROS
10.13.b
Packet Pg. 281 Attachment: 2021 PW-ENG- PROFESSIONAL SERVICES AGREEMENT (CIVILPROS)(CIP 20-01) AMENDMENT NO. 1 (2710 : CIP 20-01 - Scott
CITY OF MENIFEE
SUBJECT: Notice of Completion for the Citywide ADA and Pedestrian
Safety Improvements Project, CIP 17-05
MEETING DATE: November 4, 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. Accept the Improvements for the Citywide Americans with Disability Act (ADA) and
Pedestrian Safety Improvements Project, CIP 17-05; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Citywide ADA
and Pedestrian Safety Improvements Project, CIP 17-05, with the Riverside County
Recorder’s Office.
DISCUSSION
On November 23, 2016 the City of Menifee obtained federal grant funds from the Highway
System Improvement Program (HSIP) Cycle 8 for design and construction of pedestrian and
ADA safety improvements at forty-three (43) existing intersections throughout the City. The
project included installation and/or replacement of audible pedestrian push buttons, countdown
signal heads, installation or upgrade of ADA ramps, signing, and striping. With the exception of
the highlighted intersections, the following lists the locations where work have been completed:
Corridor Intersecting Street
10.14
Packet Pg. 282
City of Menifee Staff Report
CIP 17-05 Citywide ADA Safety Improvements - NOC
November 4, 2020
Page 2 of 3
The four projects highlighted in the previous list are projects that were already conditioned to be
modified and upgraded by private developments.
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
10.14
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City of Menifee Staff Report
CIP 17-05 Citywide ADA Safety Improvements - NOC
November 4, 2020
Page 3 of 3
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.
Due to specific and strict federal requirements and reporting for this project, city staff procured
the services of Anser Advisory to provide Construction Management and Inspection for this
project. Anser Advisory inspected the materials supplied, quality of materials, construction
methods, and workmanship of the project, and determined the improvements constructed by
DBX, Inc. meet the requirements of the project as specified in the contract documents.
The project budget of $843,160.56 was approved at the February 19, 2020 City Council
Meeting.
Funding for this project is as follows:
Description Account # Total Amount
301- Grant Funds 301-4551-58055 $812,515.90
320- Capital
Projects 320-4551-58097 $30,644.66
Total $843,160.56
Final construction costs are outlined below:
Expenditure Item Approved Budget Final Cost
Construction Contract: $ 680,469.00 $ 680,469.00
Construction Contingency: $ 68,046.90 $ 4,298.70
Construction Management/Inspection: $ 94,644.66 $ 94,644.00*
Total Construction Cost: $ 843,160.56 $ 779,411.70
*Estimated Final Cost Amount
FISCAL IMPACT
There is no charge for filing a Notice of Completion with the County Recorder’s Office.
ATTACHMENTS
1. CIP 17-05 Anser Advisory Completion Letter
2. CIP 17-05 DBX Completion Letter
3. CIP 17-05 NOC
10.14
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AnserADVISORY.COM
3111 Camino Del Rio N, Suite 340, San Diego, CA 92108
T. 619.501.9484 info@Anseradvisory.com
Carlos Geronimo, PE September 14, 2020
City of Menifee
29714 Haun Rd
Menifee, CA 92586
Reference: CIP #17-05Citywide ADA and Pedestrian Safety Improvement Project, Federal
Project # HSIPL-5483(005)
Subject: Certification of Completion Citywide ADA and Pedestrian Safety Improvement
Project
Dear Mr. Geronimo,
This letter shall service as notice to the City of Menifee that the above referenced project has
been inspected and deemed to be complete per the project plans and specifications. The
contractor has submitted all required project documentation, labor compliance, and quality
documentation. As Resident Engineer, I recommend this project be completed and the final
payment and releases unto the contractor be given.
Please see attached Contractor’s certification of completion.
Sincerely,
Lucas Rathe, P.E.
Resident Engineer, Citywide ADA and Pedestrian Safety Improvement Project
Cell: 619.755.9596
Tel: 619.501.9484
cc: Nicholas Deile, Anser Advisory
10.14.a
Packet Pg. 285 Attachment: CIP 17-05 Anser Advisory Completion Letter (2708 : CIP 17-05 Citywide ADA Safety Improvements - NOC)
10.14.bPacket Pg. 286Attachment: CIP 17-05 DBX Completion Letter (2708 : CIP 17-05 Citywide ADA Safety Improvements - NOC)
10.14.bPacket Pg. 287Attachment: CIP 17-05 DBX Completion Letter (2708 : CIP 17-05 Citywide ADA Safety Improvements - 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)
CITYWIDE ADA AND PEDESTRIAN SAFETY IMPROVEMENTS
CIP 17-05
Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on November 4, 2020. The work
done: Install Audible Pedestrian Push Buttons, Countdown Signal Heads, ADA ramps, Signing, and Striping. The
projects were done in the city right-of-way at various locations throughout the City of Menifee, County of Riverside,
State of California.
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:
VARIOUS INTERSECTIONS ON THE FOLLOWING STREETS:
MURRIETA ROAD
MENIFEE ROAD
NEWPORT ROAD
GOETZ ROAD
HAUN ROAD
McCALL BOULEVARD
LA PIEDRA ROAD
ANTELOPE ROAD
SCOTT ROAD
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
DBX, INC
42024 AVENIDA ALVARDO, SUITE A
TEMECULA, CA 92590
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)
10.14.c
Packet Pg. 288 Attachment: CIP 17-05 NOC (2708 : CIP 17-05 Citywide ADA Safety Improvements - NOC)
I, Sarah A. 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 A. Manwaring, City Clerk
10.14.c
Packet Pg. 289 Attachment: CIP 17-05 NOC (2708 : CIP 17-05 Citywide ADA Safety Improvements - NOC)
CITY OF MENIFEE
SUBJECT: California Transportation (Caltrans) Department Cooperative
Agreement for Environmental and Design Phase Review of
the McCall Road/I-215 Interchange Project, CIP 14-01
MEETING DATE: November 4, 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
Approve and execute the Cooperative Agreement between City of Menifee and the California
Transportation (Caltrans) Department for Environmental and Design Phase Review of the
McCall Road / I-215 Interchange Project, CIP 14-01.
DISCUSSION
The I-215/McCall Boulevard Interchange is located on I-215 between Ethanac Road and
Newport Road. It is a major access point for existing and proposed residential and commercial
sites. This area is projected to experience substantial growth from future development projects,
such that at build out, the area will generate substantial traffic growth on the I-215 freeway and
McCall Boulevard at the interchange. Widening of McCall Boulevard at the I-215 interchange
will address existing deficiencies and accommodate projected growth.
The City of Menifee has identified the need to advance the McCall Boulevard/I-215 Interchange
Project through the Environmental and Design phases. A Project Initiation Document was
completed on January 23, 2017 that included a Project Study Report and Project Development
Study (PSR-PDS). The PSR-PDS identifies the environmental documents needed, potential
interchange geometry alternatives, and right-of-way impacts of the project; this document is the
basis for the next phases of the project.
The project will reconstruct and widen McCall Boulevard, widen the northbound and southbound
on-ramps to two lanes, and add ramp metering; an additional turn lane will be added at the
northbound and southbound off-ramps. In addition, the project will improve pedestrian and
cyclist accessibility through this interchange.
In order to continue with the next phases of the project (Environmental and Design), the City of
Menifee must enter into a cooperative agreement with Caltrans (owner and operator of the state
10.15
Packet Pg. 290
City of Menifee Staff Report
McCall Interchange Cooperative Agreement
November 4, 2020
Page 2 of 2
highway system) per the California Streets and Highways Code, Sections 114 and 130. The
Cooperative Agreement defines the responsibilities of each participating agency for the
following work:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY
With this agreement the City commits to follow Caltrans guidelines, specifications, and
procedures for preparing the necessary documents and acquiring right-of-way for the
construction of the project. Caltrans, as the owner and operator of the state highway system,
will provide Quality Assurance review and ensure compliance as stated in the agreement.
The McCall Boulevard/I-215 Interchange is a Transportation Uniform Mitigation Fee (TUMF)
facility with a maximum share contribution of $16,930,000. In FY 2019-20 additional funds
became available in the TUMF program for projects within the Central Zone. The City of
Menifee received $2,852,230 of TUMF funds for the Environmental and Design phases of the
project; this amount was the estimated cost in the PSR-PDS for these phases.
FISCAL IMPACT
There is no Fiscal Impact by executing this Cooperative Agreement. Caltrans will provide
Quality Assurance review at their own cost.
Once the project is awarded to a selected engineering consulting firm through the appropriate
RFP process, staff will bring this project before City Council for award identifying the fund
accounts that will cover the cost of the project.
ATTACHMENTS
1. Alternative 2 Tight Diamond_I-215 McCall
2. Instruction for Signatures
3. Coop Agreement 8-1729, 10-8-2020
10.15
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SITEPROJECT I-215SUN CITY BLVDSUN CI
TY BLVDENCANTO DRIVESHERMAN ROADENCANTO DRIVEI-215 ENCANTO DRIVEENCANTO DRIVESUN CITY BLVDSUN CITY BLVDMcCALL BLVD McCALL BLVDBRADLEY ROAD CHERRY HILL BLVDBRADLEY ROADI-215SHERMAN ROADVICINITY MAPNOT TO SCALESHADEL ROAD
SCALE = 1:500BRADLEY ROADLIMIT OF IMPROVEMENTSLIMIT OF IMPROVEMENTSLIMIT OF IMPROVEMENTSS
B ON-RAMP
SB OFF-RAMPNB ON-RAMPBRADLEY ROADxxxxxDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSLAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.CIVILREGIST
ERED
P
ROFESSIONALENGINEERSTATEOFCALI
F
O
R
NIA REGISTERED CIVIL ENGINEER
TIME PLOTTED =>
DATE PLOTTED =>
14:03
29-SEP-2015
CHECKED BYDESIGNED BYCALCULATED-REVISED BYDATE REVISED
PLANS APPROVAL DATEDATECONSULTANT FUNCTIONAL SUPERVISORR
COPIES OF THIS PLAN
SHEET.THE ACCURACY
OR COMPLETENESS
OF SCANNEDOR AGENTS SHALL NOT BE
RESPONSIBLE FORTHE STATE OF CALIFORNIA OR ITS OFFICERS
R
00-00-00USERNAME =>Aaron.SingerDGN FILE =>Alternative 2 Tight Diamond_I-215 McCall.dgnRELATIVE BORDER SCALEIS IN INCHES0123UNIT0000PROJECT NUMBER & PHASEBORDER LAST REVISED 7/2/20108RivExp.215MENIFEE, CA 9258629714 HAUN ROADCITY OF MENIFEEATTACHMENT B-2INTERCHANGE PROJECTI-215/MCCALL BOULEVARD B O ULEV A RD
M CC A LL 0815000023NB OFF-RAMPCALTRANS R/WPARCEL R/WWALLRETAININGWALLRETAININGWALLRETAININGPROPOSED PARCEL R/WWALLRETAININGFILL LIMITSIMPROVEMENTSLIMIT OF CALTRANS R/WPROPOSED R/WCALTRANS PARCEL R/WPROPOSED R20.3/21.3)(TIGHT DIAMONDBUILD ALTERNATIVEALTERNATIVE 2ONTARIO, CA 91764SUITE 1003536 CONCOURS STREETMICHAEL BAKER INTL10.15.aPacket Pg. 292Attachment: Alternative 2 Tight Diamond_I-215 McCall (2707 : McCall Interchange Cooperative Agreement)
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 8
PROGRAM MANAGEMENT / AGREEMENTS
464 WEST 4TH STREET, 6TH FLOOR (MS 1231)
SAN BERNARDINO, CA 92401-1400
PHONE (909) 338-4068
www.dot.ca.gov/dist8
Making Conservation
a California Way of Life.
October 9, 2020
Dear Mr. Geronimo:
Included for signature by the City of Menifee (CITY) is one (1) original Cooperative
Agreement in PDF format for the above-referenced project. Please have the
appropriate parties sign the signature page, and return the agreement back to the
District within the next two (2) months.
Signatures for this agreement can be provided in one of two ways:
1. Print the Cooperative Agreement and mail via overnight package service with
three (3) original signature pages included, OR
2. Obtain authorized CITY signatures on the signature page, and PDF the
Agreement back to the District.
Please leave the effective date blank. The effective date will be the date the District
Director signs the agreement. After the agreement is fully executed, we will return
two (2) originals for your records. Alterations of any kind made to the enclosed
agreements will render them null and void and will require further review from the
State’s Legal Counsel.
If you need more information, please contact Ms. Martha Santana at (909) 383-4971,
or I can be reached at (909) 806-3279.
Sincerely,
MARTIN VILLANUEVA
Office Chief (Acting)
Agreements
Mr. Carlos Geronimo
Principal Engineer
City of Menifee
29844 Haun Road
Menifee, CA 92586
AGREEMENT 08-1729
Project No. 0815000023
EA 1F700
08-RIV-215-R20.3/21.3
Elizabeth Philippon for
10.15.b
Packet Pg. 293 Attachment: Instruction for Signatures (2707 : McCall Interchange Cooperative Agreement)
Agreement 08-1729
Project No. 0815000023
EA 1F700
08-RIV-215-R20.3/21.3
i
COOPERATIVE AGREEMENT COVER SHEET
Work Description
ON INTERSTATE 215 IN THE CITY OF MENIFEE, RECONSTRUCT AND WIDEN MCCALL
BOULEVARD, WIDEN THE NORTHBOUND AND SOUTHBOUND ON-RAMPS TO TWO
LANES, AND ADD RAMP METERING; AN ADDITIONAL TURN LANE WILL BE ADDED
AT THE NORTHBOUND AND SOUTHBOUND OFF-RAMPS
Contact Information
CALTRANS
Martha Santana, Sr. T.E.
464 West 4th Street
San Bernardino, CA 92401
Office Phone: 909-383-4971
Mobile Phone: (909) 665-3483
CITY OF MENIFEE
Carlos E. Geronimo, Principal Engineer
29844 Haun Road
Menifee, CA 92586
Office Phone: 951-723-3722
Email: CGeronimo@CityofMenifee.us
10.15.c
Packet Pg. 294 Attachment: Coop Agreement 8-1729, 10-8-2020 (2707 : McCall Interchange Cooperative Agreement)
Agreement 08-1729
Project No. 0815000023
EA 1F700
08-RIV-215-R20.3/21.3
1 of 20
COOPERATIVE AGREEMENT
This AGREEMENT, effective on _______________________________, is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Menifee, a body politic and municipal corporation or chartered city of the State of
California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the
signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State
Highway System per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, On Interstate 215 in the city of Menifee, reconstruct
and widen McCall Boulevard, widen the northbound and southbound on-ramps to two lanes,
and add ramp metering; an additional turn lane will be added at the northbound and
southbound off-ramps will be referred to hereinafter as PROJECT. The PROJECT scope of
work is defined in the project initiation and approval documents (e.g. Project Study Report,
Permit Engineering Evaluation Report, or Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following
PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a
distinct group of activities/products in the project planning and development process.
10.15.c
Packet Pg. 295 Attachment: Coop Agreement 8-1729, 10-8-2020 (2707 : McCall Interchange Cooperative Agreement)
Agreement 08-1729
Project No. 0815000023
2 of 20
4. The term AGREEMENT, as used herein, includes this document and any attachments,
exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative
agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral
understanding or writings pertaining to the WORK. The requirements of this AGREEMENT
will preside over any conflicting requirements in any documents that are made an express part
of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or
are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other
AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be
automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written
amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment,
legal challenge, maintenance and ownership articles will remain in effect until terminated or
modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• CITY completed the Project Initiation Document on January 23, 2017 (Cooperative
Agreement No. 1594).
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
10.15.c
Packet Pg. 296 Attachment: Coop Agreement 8-1729, 10-8-2020 (2707 : McCall Interchange Cooperative Agreement)
Agreement 08-1729
Project No. 0815000023
3 of 20
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the
financial resources to fund the WORK. A SPONSOR is responsible for securing additional
funds when necessary or implementing PROJECT changes to ensure the WORK can be
completed with the funds obligated in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual,
will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost,
schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• CITY is the Project Approval and Environmental Document (PA&ED)
IMPLEMENTING AGENCY.
PA&ED includes the completion of the Final Environmental Document and the Project
Report (documenting the project alternative selection).
• CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.
PS&E includes the development of the plans, specifications, and estimate; obtaining any
resource agency permits; and the advertisement/award of the construction contract.
• CITY is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal,
or relocation of utilities; the acquisition of right-of-way interests; and post-construction
work such as right-of-way monumentation/recordation, relinquishments/vacations, and
excess land transactions. The RIGHT OF WAY component budget identifies the cost of
the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost
of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).
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11. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality
Management Plan (QMP) for the WORK in that component. The QMP describes the
IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include
a process for resolving disputes between the PARTIES at the team level. The QMP is subject
to CALTRANS review and approval.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that
prepare WORK available to help resolve WORK-related problems and changes for the entire
duration of the PROJECT including PROJECT work that may occur under separate
agreements.
Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this
AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK unless otherwise
stated in this AGREEMENT.
CALTRANS’ Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality
management work including Quality Management Assessment (QMA), environmental
document quality control, and owner/operator approvals for the portions of WORK within the
existing and proposed SHS right-of-way.
16. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's
quality assurance results in WORK that is in accordance with the applicable standards and the
PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to
develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability
to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK
products in accordance with CALTRANS policies and guidance and as indicated in this
AGREEMENT.
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18. Per National Environmental Policy Act (NEPA) assignment and California Environmental
Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality
control and NEPA assignment review procedures for environmental documentation.
CALTRANS quality control and quality assurance procedures for all environmental documents
are described in the NEPA Assignments memorandums, available at
https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference-
ser/policy-memos#LinkTarget_705. This also includes the independent judgement analysis
and determination under CEQA that the environmental documentation meets CEQA
requirements.
19. CITY will provide WORK-related products and supporting documentation upon CALTRANS’
request for the purpose of CALTRANS’ quality management work.
20. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall
implement uniform document control policies necessary to retain all records and electronically
stored information associated with the WORK, including but not limited to those records
identified in California Public Resources Code, Section 21167.6, and including email and
attachments, in a manner consistent with the CALTRANS Uniform Filing System and the
“Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/-
/media/dot-media/programs/environmental-analysis/documents/nepa-recordretention-policy-
final-a11y.pdf. These records, along with an index of the records, shall be provided to
CALTRANS within 60 days of CALTRANS’ written request.
21. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA/NEPA Lead Agency
22. CALTRANS is the CEQA Lead Agency for the PROJECT.
23. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
24. CITY will comply with the commitments and conditions set forth in the environmental
documentation, environmental permits, approvals, and applicable agreements as those
commitments and conditions apply to CITY's responsibilities in this AGREEMENT.
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25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a
PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated
with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits,
agreements, and approvals whether they are identified in the planned project scope of work or
become necessary in the course of completing the PROJECT.
26. It is expected that the PROJECT will not require environmental permits/approvals.
Project Approval and Environmental Document (PA&ED)
27. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK
except those activities and responsibilities that are assigned to another PARTY and those
activities that are excluded under this AGREEMENT.
28. CALTRANS will be responsible for completing the following PA&ED activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
100.10.10.xx Quality Management
29. Any PARTY preparing environmental documentation, including studies and reports, will
ensure that qualified personnel remain available to help resolve environmental issues and
perform any necessary work to ensure that the PROJECT remains in environmental
compliance.
30. CITY will provide written notice of the initiation of environmental studies to the CEQA and
NEPA Lead Agencies prior to completing any other PA&ED phase work.
California Environmental Quality Act (CEQA)
31. Environmental documentation will be prepared in compliance with the California Public
Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and CITY will use, a letter
template and a list of California Native American tribes requesting notification. CITY will
prepare consultation documentation for CALTRANS’ signature and transmittal in compliance
with the statutorily required time frames.
32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that
documentation to be prepared in accordance with CEQA requirements.
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33. Any PARTY involved in the preparation of CEQA documentation will prepare the
documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards
that apply to the CEQA process.
34. Any PARTY preparing any portion of the CEQA documentation, including any studies and
reports, will submit that portion of the documentation to the CEQA Lead Agency for review,
comment, and approval at appropriate stages of development prior to public availability.
35. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and
approval prior to publication and circulation.
36. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for
review, comment, and approval at least ten (10) working days prior to the public meeting date.
If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency
will allow CITY to review, comment, and concur on those changes at least three (3) working
days prior to the public meeting date.
37. The CEQA Lead Agency will attend all CEQA-related public meetings.
38. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT,
that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead
Agency on all meeting publications. All meeting publications must also inform the attendees
that public comments collected at the meetings are not part of the CEQA public review
process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and
materials to the CEQA Lead Agency for review, comment, and approval at least ten (10)
working days prior to publication or use. If that PARTY makes any changes to the materials, it
will allow the CEQA Lead Agency to review, comment on, and approve those changes at least
three (3) working days prior to the public meeting date.
The CEQA Lead Agency maintains final editorial control with respect to text or graphics that
could lead to public confusion over CEQA-related roles and responsibilities.
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National Environmental Policy Act (NEPA)
39. Pursuant to Chapter 3 of Title 23, United States Code (23 U.S.C. 326) and 23 U.S.C. 327,
CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for
NEPA compliance, will determine the type of NEPA documentation, and will cause that
documentation to be prepared in accordance with NEPA requirements.
CALTRANS, as the NEPA Lead Agency for PROJECT, will review, comment, and approve
all environmental documentation (including, but not limited to, studies, reports, public notices,
and public meeting materials, determinations, administrative drafts, and final environmental
documents) at appropriate stages of development prior to approval and public availability.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and
coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered
Species Act, and Essential Fish Habitat.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and
coordination approvals pursuant to Section 106 of the National Historic Preservation Act.
40. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and
CALTRANS standards that apply to the NEPA process including, but not limited to, the
guidance provided in the FHWA Environmental Guidebook (available at
http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental
Reference.
41. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to,
studies, reports, public notices, and public meeting materials, determinations, administrative
drafts, and final environmental documents) will submit that portion of the documentation to
CALTRANS for CALTRANS’ review, comment, and approval prior to public availability.
42. CITY will prepare, publicize, and circulate all NEPA-related public notices, except Federal
Register notices. CITY will submit all notices to CALTRANS for CALTRANS’ review,
comment, and approval prior to publication and circulation.
CALTRANS will work with the appropriate federal agency to publish notices in the Federal
Register.
43. The NEPA Lead Agency will attend all NEPA-related public meetings.
44. CITY will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’
review, comment, and approval at least ten (10) working days prior to the public meeting date.
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45. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT,
that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead
Agency on all meeting publications. All meeting publications must also inform the attendees
that public comments collected at the meetings are not part of the NEPA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and
materials to the NEPA Lead Agency for review, comment, and approval at least ten (10)
working days prior to publication or use. If that PARTY makes any changes to the materials, it
will allow the NEPA Lead Agency to review, comment on, and approve those changes at least
three (3) working days prior to the public meeting date.
The NEPA Lead Agency has final approval authority with respect to text or graphics that could
lead to public confusion over NEPA-related roles and responsibilities.
46. CITY will ensure that the PROJECT is included in the approved Federal Statewide
Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of
the environmental document.
Plans, Specifications, and Estimate (PS&E)
47. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except
those activities and responsibilities that are assigned to another PARTY and those activities
that are excluded under this AGREEMENT.
48. CALTRANS will be responsible for completing the following PS&E activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
100.15.10.xx Quality Management
49. CITY will prepare Utility Conflict Maps identifying the accommodation, protection,
relocation, or removal of any existing utility facilities that conflict with construction of the
PROJECT or that violate CALTRANS’ encroachment policy.
CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence
prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts
will be addressed in the PROJECT plans, specifications, and estimate.
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50. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate,
or remove any utility facilities whether inside or outside the State Highway System right-of-
way in accordance with federal and California laws and regulations, and CALTRANS’
policies, procedures, standards, practices, and applicable agreements including but not limited
to Freeway Master Contracts.
51. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to
CITY until the following conditions are met:
• Any new or amended Maintenance Agreement required for the WORK are executed.
• Any new or amended Freeway Agreement required for the WORK are executed.
RIGHT-OF-WAY
52. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-
OF-WAY WORK except those activities and responsibilities that are assigned to another
PARTY and those activities that are excluded under this AGREEMENT.
53. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
100.25.10.xx Quality Management
54. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with
federal and California laws and regulations, and CALTRANS’ policies, procedures, standards,
practices, and applicable agreements.
55. CITY will make all necessary arrangements with utility owners for the timely accommodation,
protection, relocation, or removal of any existing utility facilities that conflict with construction
of the PROJECT or that violate CALTRANS’ encroachment policy.
56. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to
owner, reports of investigation, and utility agreements (if applicable) for CALTRANS'
concurrence prior to issuing the notices to owner and executing the utility agreement. All
utility conflicts will be fully addressed prior to Right-of-Way Certification and all
arrangements for the protection, relocation, or removal of all conflicting facilities will be
completed prior to construction contract award and included in the PROJECT plans,
specifications, and estimate.
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57. CITY will provide a land surveyor licensed in the State of California to be responsible for
surveying and right-of-way engineering. All survey and right-of-way engineering documents
will bear the professional seal, certificate number, registration classification, expiration date of
certificate, and signature of the responsible surveyor.
58. Acquisition of right-of-way will not occur prior to the approval of the environmental document
without written approval from the CEQA Lead Agency.
59. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will
work with local agencies having jurisdiction and authorized under the law to hear and adopt
Resolutions of Necessity.
CITY will conduct and document Condemnation Evaluation and Condemnation Panel Review
meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will
be notified in advance of any Condemnation Panel Review meetings.
60. If CITY acquires any right-of-way to be incorporated into the State Highway System, CITY
will first acquire in its own name.
No right-of-way will be acquired in CALTRANS' name.
Title to the State Highway System right-of-way will ultimately be vested in the State.
CALTRANS’ acceptance of title will occur after the Right-of-Way Closeout activities are
complete.
61. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed
consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer
all right-of-way consultant contracts.
CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the
scheduled Right-of-Way Certification milestone date for review.
CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the
advertising the construction contract.
62. Physical and legal possession of the right-of-way must be completed prior to advertising the
construction contract, unless PARTIES mutually agree to other arrangements in writing.
63. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary
Title Report provided by CITY verifying that the title is free of all encumbrances and liens.
Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in
CALTRANS’ name.
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64. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES
mutually agree to other arrangements in writing.
Schedule
65. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to
ensure compliance with any environmental permits, right-of-way agreements, construction
contracts, and any other commitments. PARTIES will communicate schedule risks or changes
as soon as they are identified and will actively manage and mitigate schedule risks.
Additional Provisions
Standards
66. PARTIES will perform all WORK in accordance with federal and California laws, regulations,
and standards; Federal Highway Administration (FHWA) standards; and CALTRANS
standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD User’s Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
Qualifications
67. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or
licensed to perform the tasks assigned to them.
Consultant Selection
68. CITY will invite CALTRANS to participate in the selection of any consultants that participate
in the WORK.
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Encroachment Permits
69. CALTRANS will issue, upon proper application, the encroachment permits required for
WORK within State Highway System (SHS) right-of-way. CITY, their contractors,
consultants, agents and utility owners will not work within the SHS right-of-way without an
encroachment permit issued in their name. CALTRANS will provide encroachment permits to
CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide
encroachment permits to utility owners at no cost. If the encroachment permit and this
AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
70. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare,
obtain, implement, renew, and amend any encroachment permits needed to complete the
WORK.
Protected Resources
71. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other
protected resources during WORK, all WORK in that area will stop and that PARTY will
notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified
professional has evaluated the nature and significance of the discovery and CALTRANS
approves a plan for its removal or protection.
Disclosures
72. PARTIES will hold all administrative drafts and administrative final reports, studies, materials,
and documentation relied upon, produced, created, or utilized for the WORK in confidence to
the extent permitted by law and where applicable, the provisions of California Government
Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that
said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete the WORK without the
written consent of the PARTY authorized to release them, unless required or authorized to do
so by law.
73. If a PARTY receives a public records request pertaining to the WORK, that PARTY will
notify PARTIES within five (5) working days of receipt and make PARTIES aware of any
disclosed public records.
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Hazardous Materials
74. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by
the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any
necessary manifest requirements and disposal facility designations are referred to herein as
HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
75. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other
PARTIES.
76. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the
existing State Highway System right-of-way. CALTRANS will undertake, or cause to be
undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1
MANAGEMENT related to HM-1 found within the existing State Highway System right-of-
way.
77. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT
limits and outside the existing State Highway System right-of-way. CITY will undertake, or
cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT
schedule.
CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1
MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State
Highway System right-of-way.
78. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2
MANAGEMENT within the PROJECT limits.
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CITY and CALTRANS will comply with the Soil Management Agreement for Aerially
Deposited Lead Contaminated Soils (Soil Management Agreement) executed between
CALTRANS and the California Department of Toxic Substances Control (DTSC). Under
Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and
severable liability for noncompliance with the provisions of the Soil Management Agreement.
CITY will assume all responsibilities assigned to CALTRANS in the Soil Management
Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING
AGENCY except for final placement and burial of soil within the State right-of-way, per
Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence
and reporting to DTSC which will be performed by CALTRANS.
79. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is
found will proceed in accordance with CALTRANS’ policy on such acquisition.
Claims
80. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or
contractors hired to complete WORK without concurrence from the other PARTY.
81. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or
responsibility under this AGREEMENT in order to retain resolution possibilities for potential
future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES
confer on the claim.
82. If the WORK expends state or federal funds, each PARTY will comply with the Federal
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to
participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements
apply to all funding types included in this AGREEMENT.
83. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in
accordance with the Single Audit Act in the Federal Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
84. When a PARTY reimburses a consultant for WORK with state or federal funds, the
procurement of the consultant and the consultant overhead costs will be in accordance with the
Local Assistance Procedures Manual, Chapter 10.
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Interruption of Work
85. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-
of-way in a safe and operable condition acceptable to CALTRANS.
86. If WORK stops for any reason, each PARTY will continue with environmental commitments
included in the environmental documentation, permits, agreements, or approvals that are in
effect at the time that WORK stops, and will keep the PROJECT in environmental compliance
until WORK resumes.
Penalties, Judgements and Settlements
87. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will
indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
88. CITY will furnish CALTRANS with the Project History Files related to the PROJECT
facilities on State Highway System within sixty (60) days following the completion of each
PROJECT COMPONENT. CITY will prepare the Project History File in accordance with the
Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a
three-ring binder and on a CD ROM in PDF format.
GENERAL CONDITIONS
89. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
Venue
90. PARTIES understand that this AGREEMENT is in accordance with and governed by the
Constitution and laws of the State of California. This AGREEMENT will be enforceable in the
State of California. Any PARTY initiating legal action arising from this AGREEMENT will
file and maintain that legal action in the Superior Court of the county in which the
CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior
Court of the county in which the PROJECT is physically located.
Exemptions
91. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of
resources by the Legislature, the State Budget Act authority, programming and allocation of
funds by the California Transportation Commission (CTC).
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Indemnification
92. Neither CALTRANS nor any of their officers and employees, are responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed
that CITY, to the extent permitted by law, will defend, indemnify, and save harmless
CALTRANS and all of their officers and employees from all claims, suits, or actions of every
name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents
under this AGREEMENT.
93. Neither CITY nor any of their officers and employees, are responsible for any injury, damage,
or liability occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and
agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save
harmless CITY and all of their officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or
its agents under this AGREEMENT.
Non-parties
94. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties,
obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend
this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling
the WORK different from the standards imposed by law.
95. PARTIES will not assign or attempt to assign obligations to entities not signatory to this
AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
96. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other
PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a
continuous waiver of any other provision.
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97. A delay or omission to exercise a right or power due to a default does not negate the use of that
right or power in the future when deemed necessary.
Defaults
98. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request
in writing that the default be remedied within thirty (30) calendar days. If the defaulting
PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
99. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as
described in the Quality Management Plan. If they cannot resolve the dispute themselves, the
CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a
resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate
mediation. PARTIES agree to participate in mediation in good faith and will share equally in
its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely
performance of the WORK in accordance with the terms of this AGREEMENT. However, if
any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to
ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or
forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the
CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court
of the county in which the PROJECT is physically located.
100. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
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Prevailing Wage
101. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is
construction, alteration, demolition, installation, or repair; or maintenance work under Labor
Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all
applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8,
Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts
for public work and require contractors to include the same prevailing wage requirements in all
subcontracts.
Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing
Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to
federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-
Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for
public works. WORK performed by a PARTY’s employees is exempt from federal prevailing
wage requirements.
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SIGNATURES
PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the
undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and
covenants to have followed all the necessary legal requirements to validly execute this
AGREEMENT.
This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a
separate counterpart, each of which when so executed and delivered shall constitute an original and
all of which taken together shall constitute one and the same instrument.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by
facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Michael D. Beauchamp
District Director
Verification of funds and authority:
Corina Harriman
District Budget Manager
CITY OF MENIFEE
Bill Zimmerman
Mayor
Attest:
Jeffery T. Melching
City Attorney
Approved as to form and procedure:
Sarah Manwaring
City Clerk
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