Docusign Envelope lD 82088218-19F9-4E1C-4966 74669188E081 I .6 Covid- | 9 Safetv. If Consultant enters City property or meets in person with City employees during the perfbrmance ofthe Serviccs, Consultant shallcomply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00) 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 ofa 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. lnvoices shall contain the following information:
a.
invoice, etc.;
Serial identifications ol progress bills; i.e., Progress Bill No. I for the first b. The beginning and ending dates ofthe 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 ol the applicable time entries or time sheets shall be submitted showing the name of the person perlorming the Services, the hours spent by each person. a brief description ol 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 perlorming the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. TheConsultantRepresentative'ssignature.
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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.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lDr 82088218-'19F9-4E1C A966-74669188E081 lnvoices shall be submitted to
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 925 86
2.2 Monthlv Payme nt. City shall make monthly payments, based on invoices received, for the Services satislactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) oI the total amount duc pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City ofa final invoice, ifall ofthe Services required have been satislactorily performed.
2.4 Total Pavment. City shall not pay any additional sum tbr any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment lor any extra, fu(her, or additional service pursuant to this Agreement. ln 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 perlormed by Consultant on an hourly basis shall not exceed the amounts shown on the l-ce schcdule included with L,xhibit A
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement
2.7 Pavment of Taxes. Consultant is solely responsible for the payment oflemployment taxes incurred under this Agreement and any I'cderal 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 ofthe 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. ln no event shall City be -3-
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Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 6
Menifee Mayor and City Council March 2, 2022
Docusrgn Envelope lDl 8208821 B-19F9-4E1C A966-7466918BE081 required to fumish 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 lac i I ities.
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 ol 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 flor the subcontractor(s) and provided evidence thereofto City. Verification ofthe 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 lnsureds.
4.2 Commercial Ceneral 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 DOI-LARS (S1,000,000.00) 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 Ceneral Liability lnsurance or an Automobile Liability Insurance form or other lorm 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 thereflrom, and .l
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation lnsurance and Employer's Liability lnsurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions ofthe Califomia Labor Code. Statutory Workers' Compensation lnsurance 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 altemative, Consultant may rely on a sell- insurance program to meet those requirements, but only ifthe program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards ofthe Califomia Labor Code shall be solely in the discretion ofthe Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights ofsubrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 7
Menifee Mayor and City Council March 2, 2022
damage to property resulting from the Services contemplated under this Agreement, including the use ofhired, owned, and non-owned automobiles.
b. Minimum scope ofcoverage. Commercial general coverage shallbeat least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile t,iability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
Additional re lrements Each of the following shall be included in thec 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 hasis-
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 ProfessionalLiabilitylnsurance.
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 ONlr MIt,t.lON DOLLARS (S1,000,000) 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 TWENI'Y-FIVE, l'tIOUSAND 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 olthe Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination ol 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 ofthe Services. Such continuation coverage may be provided by one olthe following: (l) renewal ofthe existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services underthis Agreement. Cityshall have the 2671/01lE5E-0001
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Docusign Envelope lD: 82088218,19F9-4E1C-A966-74669188E081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 8
Menifee Mayor and City Council March 2, 2022
DocuSign Envelope lD: 82088218-19F9-4E1C-A966-74669188E081 right to exercise, at Consultant's sole cost and expense, any extended reporting provisions ofthe policy. ifConsultant cancels or does not renew the coverage. d. A copy of thc claim reporting requirements must be submitted to City prior to the commencement ol'the Services under this Agreement.
Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VI[ and admitted in Califomia.
Verification of coverage Prior to beginning the Services under this a.
b.
Agreement, Consultant shall fumish 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 ccrtified 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: FY 2O2II22 ON.CALL STORMWATER MANAGEMENT PROGRAM SERVICES
(RECOVERABLE). The name and address lor Additional Insured endorsemen ts, Cenificates ol Insurance and Notice of Cancellation is: City of Me nifee,29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out ofongoing and completed operations by or on behalf of Consultant.
Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten ( l0) working days if: (l) any ofthe required insurance policies is terminated; (2) the limits olany ofthe required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insursd; 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 Consultanti products and completed operations ol' 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 ofprotection allorded 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 ( I ) year after the expiration or term ination ofth is Agreement or completion ofthe Services.
A cetified 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.
Deductibles and Sell-insured Retentions. Consultant shall obtain the c
e.
written approval of City for the self-insured retentions and deductibles before beginning any ofthe Services.
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4.4 All Policies Requirements.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 9
Menifee Mayor and City Council March 2, 2022
Docusrgn Envelope lD: 82088218-19F9-4E1C-A966-74669188E081 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 Contract Administrator may condition approval oi an increase in deductible or self-insured retention Ievels 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 fumish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all ofthe 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 olsuch insurance are either not commercially available, or that City's interests are otherwise fully protected.
4.5 Remedies. tn addition to any other remedies at law or equity City may have if Consultant lails 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 ol 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 flor such insurance from any sums due under this Agreemenq 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 P ional Liabili 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 expe( le€s and expenses of investigation, costs of whatever kind and nature and, if Consultant lails 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 €ntity or individual that Consultant shall bear the legal liability thereofl) in the performance olprofessional services under this Agreement.
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Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 10
Menifee Mayor and City Council March 2, 2022
Docusiqn Envelope lD: 82088218'19F9-4E1C-A966-74669188E081
5.2 lndemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its of'flcers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out ol, are a consequence ol, 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 lor which Consultant is legally Iiable. including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of lndemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City's sole or active negligence. The provisions olthis 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. Atall timesduring the term ofthis 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 behalfof 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 lbr performing the Services hereunder for City. City shall not be liable lor compensation or indemnit'ication to Consultant for injury or sickness arising out of perlorming the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any ol 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 Covernins Law. The laws of the State of California shall govem 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 267rl01l8J8-000 r
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Menifee Mayor and City Council March 2, 2022
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 prolessions. ln addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION E. 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. [n 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. 2671/0318t8-000r
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Docusrgn Envelope lD r 8208821 B- l gFg-4E 1C-A966-74669188E081 of Califomia, will be the minimum paid to all laborers. including Consultant's employee and subcontractors. lt is understood that it is the responsibility ofConsultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the Califomia 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, oflicers. agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attomeys' 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 ofany 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 ofSection I 781 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 lrom 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 ofpayment or non-payment ofprevailing wages under California law and/or the implementation of Labor Code Section I 78 I , 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 [aws. Consultant shall require the same ofall subcontractors.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 12
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD 8208821 B-19F9-4E1C-A966-74669188E081
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection l.l. 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 all the Parties.
Amendments. The Parties may amend this Agreement only by a writing signed by
8.6 Assignment and Subcontractin e. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determinatron 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 ofConsultant. Consultant may not assign this Agreement or any interest therein without the prior written approval ofthe Contract Administrator. Consultant shall not subcontract any portion ofthe performance contemplated and provided lor 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 thc cxpiration or termination of this Agreement and all provisions of this Agreement allocating liability bctween City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materiall y 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. lmmediately 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.
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Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 13
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD 8208821 B- 19F9-4E 1C-A96&74669188E081 SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part ol Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall bc the property olCity. 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 usc. Any use ofsuch 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 lntellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and allcopyrights, 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 ofauthorship fixed in any tangible medium ofexpression, 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 Iicense 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 ledgcrs. books ofaccount, 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, lrom thedateoffinal payment to Consultant under this Agreement. All such records shallbe maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit ol Records. Any records or documents that Section 9.3 of this Agreement requires Consultant 1o 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 Califomia Govemment Code Section 8546.7, if the amount ofpublic funds expended under this Agreement exceeds TEN THOUSAND DOI-I-ARS ($ I 0,000.00), 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 ofthree (3) years after final payment under this Agreement. t67l/01tE58-0001
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Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 14
Menifee Mayor and City Council March 2, 2022
DocuSign Envelope lD: 82088218-19F9-4E1C-,4966-74669188E081 SECTION IO. MISCELLANEOUS PROVISIONS.
I 0.1 Attomeys' Fees. If either Party to this Agreement brings any aclion, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attomeys' lees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attomeys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City lor 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 Aoolicable Law: Venue. The intemal laws of the State of Califomia shall govem the interpretation and enforcement of this Agreement. [n 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 Headinss and Subheadines. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise af fect the terms of this Agreement.
10.5 No Implied Waiverof Breach. The waiverofany breach ofa specific provision of this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of this Agreement.
10.6 Successors and Assisns. The provisions ofthis Agreement shall inure to the benefit ofand shall apply to and bind the successors and assigns olthe Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Cynthia Gabaldon ("Consultant's Representative"). The Consultant's Representative shall have full authority to represent and act on behalfofConsultant 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 satislactory coordination of all portions of the Services under this Agreement.
10.8 Citv Contract Administration. This Agreement shall be administered by a City employee, Run Chen, Sr Engineer ("Contract Adm inistrator"). 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:
267tr0l tESE-0001
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Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 15
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD 8208821 B'19F9-4E1C-A966-74669188E081
CG RESOURCE MANACEMENT & ENGINEERING
Attn: Cynthia Cabaldon
2105 Foothill Blvd Suite B- 135
La Veme, CA 91750
Any written notice to City shall be sent to the Contract Administrator at.:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Run Chen, Sr Engineer
with a copy to:
City Clerk
City of Menilee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page ofa technical report, first page ofdesign specifications, and each page ol' construction drawings shall be stamped/sealed and signed by the licensed proflessional responsible for the report/design preparation. The stampiseal shall be in a block entitled "Seal and Signature of Registered Professional with rcport/design responsibility." as in the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Riehts and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Panies are cumulative and the exercise by either Party of one or more of such righls or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same delault or any other default by the other Party.
10.12 lntesration. 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 ofthe 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 ol which shall be an original and all of which together shall constitute one agreement. 2671/01lEr8-0001
1610421 2 a0lt02l7l -l3-
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 16
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD 8208821 B-19F9-4E1C-A966-74669188E081
10.14 Execution ofContract. 'fhe persons executing this Agreement on behaliofeach ol the Parties hereto represent and warrant that (i) such Pany is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behall of said Party, (iii) by so cxecuting this Agreement, such Party is formally bound to the provisions of this Agrecment, and (iv) thal entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance ofthis 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. Noofficer , official, employee, agent, represcntative, or volunteer of City shall be personally liable to Consultant. or any successor rn interest, in the event ofany default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach ofany obligation ofthe terms of this Agreement.
I 0.1 8 No Undue Influencc. Consultant dcclares and warrants that no undue influencc or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation oflthis 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 ofthis Agreement or any work to be conducted as a result of this Agreement.
lSignaturcs on Irollowing Pagel
267tl0llE5E-000r
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10.19 No Benefit to Arise to City Employees. No member, officer, or employee olCity, or their designees or agents, and no public oflcial who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one ( l) 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.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 17
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD: 82088218-19F9-4E1C-A966-74669188E081 IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as ofthe Effective Date.
CI'[Y OF MENIFEE CONSULTAN'T
J*e,{*
Arm illa, City Manager
Sunlr fi.
anwanng, Citv Clerk
As to Form:
1. tatuh,,4t
ching, City Attomey
6il,ol"hw
ldon, Secretary
fNote: 2 officer's signatures required if
Consultant is a corporation, unless provided
with a certificate olsecretary in-lieu]
6ol,ollaw
cyn , President
J c
267rl03r858,000r
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la
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 18
Menifee Mayor and City Council March 2, 2022
DocuSign Envelope lD: 8208821B'19F9-4E1C-,4966-74669188E081
EXHIBIT A
SCOPE OF SERVICES
Comprehensive Stormwater Plan Check and Review Services as requested by City of Menifee Public Works/Engineering stafl, including but not limited to:
lnspections, documenVplan review, representation at technical meetings, and other storm water consultation services for the City of Menifee
In the amount not to exceed TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00) 2671/01tESE-0001
163042t 2
^O3ti2t2l
EXHIBIT A
Consultant shall provide the following services:
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 19
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD: 82088218-19F9-4E1C-A96G74669188E081 CC Resolrce Mrn4emenr
ind Enlincedng
ScoPEoF SERVTcES
1) WQirP Reviews
Ehs.d on a discussion *th Oty stafi rt is undcrstood hd .lccbonic copies ofh. WOIP submittds will b. pmvidld to hc consultant Thr ,lvicws rill necd to ba corpletad using claatonic plan chacl sollwarc similar to Blua Baam or another mchod so hat pdf edih can b. pmvid.d.
Plan chccks ale rcvidad bascd on an agread tornEt and approach wrth Crty staf,. Dascussion rill includa apprcvcd BMPS, City-sp.cific Equir.ments d|d common condilion6 of approvel. Th.sc d.tails *ill b. agErd on bcforc an initial submital raviar.
CGRi,E s app@ach to WQMP r.vie*s stads mh a ftc-Subr tal l.ttcr This letter F prolect sp.cifi. but ls bas.d on e tenplate letter. Tlis Presubnittal letter is provided lo hc proj.ct proponcnu.nginccr b.foe thr first trl,iQMP and FWOMP ar. submitcd. the Pr.-$rbmittal l.tt.r providcs a sccton-by-scction descdption of tthat he Oty lYill rcquirc forh. WQMP. This lrtter provid.s thc basis for the applicar 's submifd and is he staning point for the plan check.
With each submittal. the itenE on the revie* lettcr should r.duc..
Typical turn-aroufld tirE lor rcviews is tn o w.cks for boh F/VO[P and FWOMP rcviews Task 1 - Prelimimry WQi,tP Assessnert
1.1 Pclininary WO[.P (P'WOMP) P6scssmcnt of Prcicct and ftoorams Ih. first phase of he rvort shall consist of a complcta assessm.nt ofh. dcmands ofhe projoct based upon nrrtings rvith cily stafrand rcviea ofappropdate plans and docuFEnts. 1 2 Pr€limflarywater qralty Manaoement Plan Rrvren
The Consultanl shall completaly and accurat ly revrew al namatives suppodrng sludies maps. exhibils documents and specffications submited in conjunction fih the P-WOl,p docuftEnL Ile Consultant shall prcvidc complete accurat. snd timely lNritten comnEnts as wcllas ledlined" drawrngs of submrttrd phns and supporting documents that ara lound to be unacceptable or incomplete
ll requested, Consultanl shall pr.parc a coflpl.te, accural. and tim.V pd[cn set of planning Conditions ofApproval, ntilizing the Oty's standardized fonrEl d.scribing h. specific requircmcnts neccssary for apprcwl of any sil.-spe.ilic P-WQMP found to be acceptable to the City. Ile Consult nt shall provide assistance to lhe City. and project applicant as it relates to all commants, redlinas and/or conditjons of Epprcval praparcd by Consultant L3 P-WOMP General Services and Rcouircmrnts and Responsibilities . Consuhant shall preparc and [Eintain a lschcdulc of P.rfomance to includc realislic penods lor inrtial rcvic*s, finaldcsign rDvi.w, and sub mi[El of cond ilions olapproval. . Consultant shall submit invoiccs to h? Oty !t 1000,6 pcrccnt colrplction of he project. Each invoic. lrill be it dz.d and show task. d pcdomc d, a nd hc pcrccntag e of c omplelion lump s um paym nt du.. l
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lncluded in this Secton is a listofpossible seruic. scopcs which could be assigned to CGR[E.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 20
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lDr 82088218-19F9-4E1C-A966-74669188E081 Consullant shall be available to answcr qlcslions ragarding he project scope documents, rilcslon.s, plens. specificatio0s. etc. U[ough vaious rnehods including nleetings telephonc calls, ]mails, and/or wittcn corespondence.
Task 2 - Fiml WQIIP Ass€ssnerls
2 1 Final WOMP Ass.ssmeal ofProiect and Prcqrams
ThrfirslphasroflheEortshallconsislo[rcomplataassassmentof$ademandsofheproiectbaseduponrnectings wih city staffand r.vi.F of appropriatc plans and do.umcnts. Consultant s.rvices shall includc but not b. limrt.d to the following items:
. Consultant shall analre rcgional rnd local plans and documanb deemad pc inent to the rcvia* ot tra proposed F WOMP including th. Santa Ana Rivlr Basin Plan, TMDL for Canyon Lake and Lak. Elsinorc.
Rrvcrside County Wal.r Ouality Menag.m.nt gan for Udan Rullofi, and Board frer R8-2010-003l NPOES Pcrmit # CAS616033. and obcr docufEntr as d?cmcd appmpdate. Ary chang.s sinc. P-WOMP approval shall be docunEried.
2.2 Final Watcr Quality lJanaocm.nt gan Revien
The Consultant shall compl.tely and a.curatety r.Mew all narralivcs suppoding studies, maps, .xhibits. docum.nts and spccifications subdt.d in conjunction yrih th. F"WOMP docurncnt The Consiiltanl shallprovidc a rcdlincd sct olplans and coresponding corection list. in the eventthat the F-WOMP is found t0 be unacceptable.
2.3 F-IVQ tip Red"Linc Pia n Commcnts and/o r Conditions of Aloroval Thc Consultant shall provide conplete, accuDle and timely writen cofiments, a$ well as tadlined drnwings ot submified plans and suppoftng docum.nts that 6re found lo be !naccaptable orincomplele Consullant shallprepare a complrtc, eccurate and timrly writen set of Conditrons of Approval. utili2ing he Crtys standardizad fonMt desc.ibing thr specific requirements nec.ssary for approval ofany ite-sp.ciflc WQMP found to be acceptabl. to the Oty. The Consultant shall provlde assistance to th. Oty and pmi.ct appli.ant as it r.lates to all conm.nts, r.dlincs and/or condtons ol apprcval prcparad by Consultant
2.4 FhaIWQMP Aporovals and Condilions of ApoEval
COAS can le pro',rded I rcquesld b.y the Cly. Wlan a pmj.cl spccific WQMP is appmvcd, il rcqu.stcd by bc City, COA'S afld a! intemal apprcvel m?mo trill bc pt?parcd. Thc COtu can be povid.d to he applilad for signsturc and scannrng onto h. WQMP Plan COA pag.. fhis pagc is [En Etumcd lo the Oty for inclusion ido the final documcnt Ih. idcmal approval lctcr is provided to boh O'ty &ilding and Safcty and Engineering. This tast ypically complctes the WQMP applovalprocess. Tlisproc.ss can be.ithlrhandl.d oFsitc orviaerEil.
2. 5 ftoie ct Sp ccific WOMP R ?latc d Admin isbatiy! Foliow Uo When a project firovcs fo ad into constuclion hcrc arc I,IQMPralatcd tasks hat nerd to be conplcted Coordination wih the Plann.rs at he tirnc oflh. Final ilap approvallhat CC&RS are corrplete, apprcved and providcd.
Remind thi owicr/build.r that all llcmcnts of th. WQi/P must b. inplemented and approved b.for. proj.ct llill reccive clearanca.
-t
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EXIIII]IT A
]-.
CG Ralourae Minag3men(
and Englneerln8
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 21
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lDi 8208821 B-19F9-4E1C-A966-74669188E081 Consutant services for his phase ofwork, shall include but not be limrted to, the lollonlng items:
. Consultant shall prepare and nEintain a Schedule of Pefomance" to include rcalstic periods for initial reviews,6nal design reMe*, aod submittalof conditions of approval.
Consultant shall be available to an51ver queslions rcgarding he project scope documents, ryilestones, plans, speciftcations, .tc. lhrough vaious methods including rEetngs, telephon€ calls, e-mails, and/or $ritten corespondence.
OtEr Seryires: WQiP Training - ln+louse Stafi
CGRi/E Safi can also provide WQMP Constuction lnspeclion tsaining to the Menifee staf. lt is recommcnded to have thre. inspection visits to a site including:
. A b.oinning of Project within finl few weeks ofconstuclioni lnboduclions and WOli,P review . Md Consbuction lnspcction: review of on-goi[g consbuction. Usually based on o+going discussions rilh conbactor Also discuss probable finalinspe.tion and remaining steps. . Final lnsp.clion: Confim all h. BMPS havr beln installed. Wo* on fnal pape ork r*lh conbador and 0wnet
. Provide ftojecl acceptan ce documentaliofl
Due to the distance and, qDically, last rinute calls for inspeclions, CCfiME rcconmends haining in-house Oty slafi for this lequiramant.
1) Amual WQiP lnspectixrs
As is required in he MS4 Perdt, conslructed WOMP sitls, need to hav. inspections on a schrduled basis. Al this time. a sit. n.eds an "annual" inspeclion on.e every three years. A log will be prepared and he inspections coftpleted will bc included.
Feas are on an hourly basis dependent on he number of sites inspected. Efiods are nBde to minimze e4enses fo.
Ulis task (comb ine in on. day, seque nce lhe locations, etc.). A four-hour minimum wo uld be req uired. Travel time rould be charged for travel between the inspecbon s es
Depending on the scheduling rcquirerfE0ts, a sub-consultant may be used for this scopc; either Cynthia Gabeldon or MiguelPuente could be Essigned to his t6sk.
The key to complian.e witr this NPIES Perrit rcquirement is organizatjon and efiicient stafi. CGRIE has access to a team who are Oualifted lndushial $ryPFP Practitioners (OSPS) fte approach to the inspections would require a meeting with thc City, r.vi.$r ofh. availablc inventory and hen analysis ofhc prioriti!s A subcontractor, Lynn Menilland Associates, lgill need to be used lor 0lis scope ofworl. The li,lefillteam completes $e task on a tulltime schedule, meaning hat the inspections are scheduled in lhe m,ost .fficient manner as possible. The Srbcontraclor desaription a{rd resumes arc included as an attachment to this proposal. This team has completed 2671l031E58-0001
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-.1-.
CG R$our(e M,nallmcnr
and Engln.erlng
3 0 Final WQMP General Services and Reouiremenls and Responsibililies a Commrciaulnd6trial lr$pections
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 22
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD: 82088218-19F9-4E1C-A966 74669188E081 A.
CG Resource Manafaman!
.nd EnSin..ring
thousands of industriaucommrciel inspections fu e rcsult, we have laarnad to prescnt oursefues to the business ou/naN as teaahing inspectors . our goalis to gain cofipliance, notto penalize.
The team has inspection options conceming docun€ntation. Electronic inspec0on capturc is available. Paper inspectio.s can also be done if the Cily does not hav. he capability to utiliz. he .lecbonic inspc.tions. We highly recommend bundled inspections, nEaning planning rnultiple inspections in one area. This is the most efiicicnt method. 4) Assist rce'flih Pemiltee e€fings
Assist in-house stafi rvith attendance at he Perrit rcquircd Permitee meetngs located at RiveFide County Flood Control oisbct This scope is e&ected to include providing support to und.rstanding meeling discussions and revirwing mecting not s. Clnhia yrill discuss atendance nccds wi8l thc assigncd stafi and revicw the ryEeting notes ta*en
5) Anrual Report Assistance
A6 pad ofth. Mgl Permit rcquir.ments an AnnualRcport submittalis rcquired each year. CGRIlE.an provide staling assistance conceming strcamlning the annual repoft process. This woud include revievring City ftog€m procedures and providing spreadsheets and documentation melhods to be used throughout the year, Arnual Repoding analysis and documentation usually occurs August hrough September of each year. Cunendy the Oty submits data using the Riverside County NPDES P.ogram template. lt is probable that with lie next revised MS4 Peftit, he annual reporting will be submittcd orFline. The time spe0t on the Annual Report is dependent on City doclmeriation. lf the City is organized and wellprcpared. the Riverside County I'PDES Programforms typirally requir€ 16lo 24 hours to prepare. lf there is research or document prcparaljon required, hat fme nould ba dependent on the scope. fuk. Gabaldon would be he staffforthis lask.
6) AddtiqElTasks
Arange of additionaltasks may be included in the tuture. These may include stafihaining, assisting with task delrgation to existing Oty stafi, rcvier and developmcnt ofGty Local lnpl.filcr{ation Plan (LlP), r.vicyr of quality assessment and confol procedur.s, and trackino needs. oevclopment of the specific tasks will be o0 an as-requesled basis. N0 specifics are included in thrs proposal
It is recommended that a schedule be prepared to review the City s LlP. cunent pmcesses and lislen to ideas to nEke the LIP and the implementation fiore slreamlined and userfriendly. Aschedule can be paepared to review he sections of he LlP, possibly on a monthly basis, so that the ryodload is nol oveMhelming for Crty stan This rvill p.ovide the cunent rPDES stafi an opportunity to understa0d andfine-tune the City-specifc program. a
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3) Regimal i{PDES i/heting Rep(esentatix
CGRIE can represent the City at Regional TPDES meetings, primarily the Regiollal TIIOL meetings. These nEetings arc q/pically onca a month in c hcr Lakn Elsinore or Riverside. Cynhia can prcvidc a post mceting sunrnary ofthe aclions and will noliry City stafl of specific needs or rcquircd tasks as parl0fhe TMt - implementalion.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 23
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lDi 8208821 B-19F9-4E1C-A966-74669188E081 A.
CG R.rourcc ManaSem.nt
ind Enllneerlng
PrqedSctp h
Whcn tasks ara assignad, lxacuton will bi conplctad at a full-lima" capacity. Task spacillc schrdulcs will be discusscd on a casc- by-casa basis. At that tima any clarilications and con.cms will ba prasantad and schldule adjustn.nts agrccd upon.
MiguelPucntc rs avarlable for sprcific inspection tasls. his schcdule allows forFnday and Saturdaylield s/ort FEEs
CGRI,C has bsscd$cscfrcs on prcvious.xpcrirnc.. Typicalsnnualtc.s forh. WQMP scop? ofwo has histodcally b!.n approxjrBt.ly S20,000 per y.ar Tlis totalis a tunclion ofthe numbrr of fl. WQirPs rcvi.{ed. Tohlinsp.ction fccs arc a tunction olh. nufttd oflocations vist.d. Dep.nding on hc n.cds ofhc Oty and th. total scop. ols.Mccs rcq!.stcd, additionalf..s may b. ncc.ssary.
PersonrBl ClBrges
TIc chargc for all on'call and sp.cial poj.cts Equircd in thc p.dormanc. otthe Scop. of ScMce. including ofic., field and tr.vcltinE. vJillb. .pproximatcty at thr Lhil Pri.c Houdy ratcs slt forti bciow for tho labor classfications indicat.d bclova
Laborclassification Houdy Rat
Scnior Projcct E n9in..di,h0agcr i135
Sall S.i.ntistrEnginerr $105
Scnior lnspcctor 390
Stafi hsp.clor 185
Travel lim. and dl.ag. fill b. chaEcd for m.lings and d.ltvari.r. Thca! retc$ arc to be uscd for assignments, anarsis and d.liv.r.blcs ofDrhan hcWoiip plan chccts ardh! industiatlcomnErci6l insp.clions.
V€licle md Mh69e
Tho milrrgc ch€rlc for prrsonal autos will bc hc lhcn currcot flilcagc rata csbbliihcd ry tl. lnt.mal Rcv!flu. S?ruic. (which ist.58 pcr milc ln 2019).
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Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 24
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD: 82088218-19F9-4E1C'4966 74669188E081 ]-.
CG leourcc Mrn4emcnt
.nd Enlrnc.rlng
lndlsirial lnspeclins
lndustial and ComnErcial lnsp.ctions aill b. chaq.d 0n a fxcd cosl pcr fscility This includ.s a folow up inspection when necess€ry
NPDES PnOflIy Pnce Per Facility
lndustrial.
Restaurants
ComnPrcial and Low - 1 inspacton s 97 50
Medium - 1 inspccton, 1 rlinspactjon $227 50
Haoh' I insDcction. 1 rc-inspacton s227 50
Follo$up and rlinspcctions ar? includid in hn pnc.s Milcagc and bavcl is also included in th. fixcd cost WQI,P Plan ch€cks
WOMP plan chccks f.rs are bascd on hc proj.cl acriagc and typ. of proj.ct This scopc ot nort is billed on a lump sum basis.
Prclidna.y WOMPS - $2.200.00
lf bcra is 6n d PWOMP FWOMP fecs are
lf harc is not an FI,VOMP hr FWOMPwill b.:
WOMP projcck wil bc billcd upon acccpt8nrc of hc rcvicr or f,h.n it is knom h. pmjcc't ha3 been pull.d from proclssing by h! .pplicart.
Sr.tcontraclors ard Reambursabies
Th. cort ol s.rviccs 6ubcont?ctcd by CGFT,{E t0 otrcrs and olhcr cosls incur.d by CGRME, for o$.. han industrial inspcct ons or WOi/P plan c h.cls vrill b. .h arged at c ost p lus 5% This includ.s rcprcdu.tion and graphic cosls. lt is also understood hat any subcont'actoE uscd by CGRME rill b. v.t.d by City belorc dc.m.d qualilicd lo provide stnic?5.
Ma rrp is anclud.d into h. industiaucomm.rcial inspections fixed f.e pricr 'ft6 Eo$hed/ecdlffi@nirhrlElbBr,EFI(clM ddB nd n..!jedlo b6.cs6d o.p*r6. dfurlhn lrEcord del n lts.odr-l 't F,rosal 5 Commeroal lndu{nal R6idential
I 5 19 32m8a9c
Standard 23 t8 50 4 000
>50 1 40mComplex >231 >181
-
Commeroal lndulrial Resrden|al
Baslc 8 5 19 32m
Standard zi 18 50 4 000
Complex >23 1 >181 >501 5 060
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3 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 25
Menifee Mayor and City Council March 2, 2022
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN CG RESOURCE MANAGEMENT & ENGINEERING
AND THE CITY OF MENIFEE FOR FY 2021/ 22 ON- CALL STORMWATER MANAGEMENT
PROGRAM SERVICES ( RECOVERABLE)
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“ Agreement”) made on June 16, 2021 between the City of Menifee (“ City”) and CG RESOURCE MANAGEMENT & ENGINEERING (“ Consultant”) for FY 2021/ 22 ON- CALL STORMWATER MANAGEMENT PROGRAM SERVICES ( RECOVERABLE) which Amendment No. 1 is made and entered into on ______________, 2021 to increase the compensation amount as indicated below:
1. Section 2, “ Compensation” is amended to increase the maximum compensation by 10, 000. 00 ( TEN THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $ 20, 000. 00 ( TWENTY THOUSAND 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.
2. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 49EF437F- 7779- 4677- 9696-F372972BFE7FDocuSignEnvelopeID: FD9298FF- 3696- 4C49- 86C2- C65FBACFA9C1 November 3
DocuSignEnvelope ID: C5C30DF7- 3DA5- 4BC7- B384- 1A78C405C8E6 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 26
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 1 with CG RESOURCE MANAGEMENT & ENGINEERING
CITY OF MENIFEE CG RESOURCE MANAGEMENT & ENGINEERING
Armando G. Villa, City Manager Cynthia Gabaldon, President Attest: ________________________________
Cynthia Gabaldon, Secretary
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
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On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 27
Menifee Mayor and City Council March 2, 2022
AMENDMENT NO. 2 TO
AGREEMENT BETWEEN CG RESOURCE MANAGEMENT & ENGINEERING
AND THE CITY OF MENIFEE FOR FY 2021/22 ON-CALL STORMWATER MANAGEMENT
PROGRAM SERVICES (RECOVERABLE)
This is Amendment No. 2 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on June 16, 2021 between the City of Menifee (“City”) and CG RESOURCE MANAGEMENT & ENGINEERING (“Consultant”) for FY 2021/22 ON-CALL STORMWATER MANAGEMENT PROGRAM SERVICES (RECOVERABLE) which Amendment No. 2 is made and entered into on ______________, 2022 to increase compensation amount as indicated below:
1. Section 2, “Compensation” is amended to increase the maximum compensation by $40,000.00 (FORTY THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $60,000.00 (SIXTY THOUSAND 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.
2. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 28
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 2 with CG RESOURCE MANAGEMENT & ENGINEERING
CITY OF MENIFEE CG RESOURCE MANAGEMENT &
ENGINEERING
_______________________________ _______________________________ Armando G. Villa, City Manager Cynthia Gabaldon, President Attest: ________________________________
Cynthia Gabaldon, Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 29
Menifee Mayor and City Council March 2, 2022
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY 2021/22 ON-CALL ENGINEERING SERVICES
(LAND DEVELOPMENT REVIEW) (RECOVERABLE)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and JLC ENGINEERING & CONSULTING , a California S-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 acc ordance 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 July 1, 2021 and shall end on June 30, 2022 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 s tatus 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 w hich 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 s ole 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.
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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.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) 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.
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Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
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 Agreem ent. 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 facilit ies shall be in the sole discretion of City. In no event shall City be DocuSign Envelope ID: 6094FB61-A57B-4307-BAED-6A4F276CD316 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.8
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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.
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 Agre ement 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 DocuSign Envelope ID: 6094FB61-A57B-4307-BAED-6A4F276CD316 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.8
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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 Offic e Commercial General Liability occurrence form CG 0001.
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 a nd 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 repl aced 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 DocuSign Envelope ID: 6094FB61-A57B-4307-BAED-6A4F276CD316 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.8
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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 re porting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
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: FY 2021/22 ON -CALL ENGINEERING SERVICES (LAND DEVELOPMENT REVIEW) (RECOVERABLE). 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 insura nce 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.
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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 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 t he 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 st atute, 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) a nd 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.
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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 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, includi ng 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 Se ction 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 S ervices 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 S ervices 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 contributio n 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 S ervices 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 DocuSign Envelope ID: 6094FB61-A57B-4307-BAED-6A4F276CD316 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.8
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees , and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any require d 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 P arties 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 profession s.
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.
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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.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performanc e. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agre e 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.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorney s’ 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 P arty 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 oth er 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 he ld invalid, the remainder of this Agreement shall not be affected thereby and all o ther 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 Joseph L. Castaneda (“Consultant’s Re presentative”). 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 administe red by a City employee, Nick Fidler , Public Works Director/City Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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JLC ENGINEERING & CONSULTING
Attn: Joseph L. Castaneda
36263 Calle de Lobo
Murrieta, CA 92562
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nick Fidler, Public Works Director/City Engineer with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty 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.
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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 provisi ons of this Agreement, and (iv) that entering into this Agreement does not violat e any provision of any other A greement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall rece ive 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 inte rest, 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]
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IN WITNESS WHEREOF, the P arties 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
Joseph L. Castaneda, President
Marina Castaneda, Vice President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following services in the amount not to exceed THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00):
• Land Development Review Services as requested by City of Menifee Public Works/Engineering staff.
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EXHIBIT A
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On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 47
Menifee Mayor and City Council March 2, 2022
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN JLC ENGINEERING & CONSULTING
AND THE CITY OF MENIFEE FOR FY 2021/ 22 ON- CALL ENGINEERING SERVICES
LAND DEVELOPMENT REVIEW) ( RECOVERABLE)
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“ Agreement”) made on June 16, 2021 between the City of Menifee (“ City”) and JLC ENGINEERING & CONSULTING (“ Consultant”) for FY 2021/ 22 ON- CALL ENGINEERING SERVICES ( LAND DEVELOPMENT REVIEW) ( RECOVERABLE) which Amendment No. 1 is made and entered into on ________________, 2021 to increase compensation amount as indicated below:
1. Section 2, “ Compensation” is amended to increase the maximum compensation by 30, 000. 00 ( THIRTY THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $ 60,000. 00 ( SIXTY THOUSAND 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.
2. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 92715142- 05E1- 402F- 92BC-265380F4BC50DocuSignEnvelopeID: FD9298FF- 3696- 4C49- 86C2- C65FBACFA9C1 November 3
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 48
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 1 with JLC ENGINEERING & CONSULTING
CITY OF MENIFEE JLC ENGINEERING & CONSULTING
Armando G. Villa, City Manager Joseph L. Castaneda, President Attest: ________________________________
Marina Castaneda, Vice President
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 92715142- 05E1- 402F- 92BC-265380F4BC50DocuSignEnvelopeID: FD9298FF- 3696- 4C49- 86C2- C65FBACFA9C1 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 49
Menifee Mayor and City Council March 2, 2022
AMENDMENT NO. 2 TO
AGREEMENT BETWEEN JLC ENGINEERING & CONSULTING
AND THE CITY OF MENIFEE FOR FY 2021/22 ON-CALL ENGINEERING SERVICES (LAND
DEVELOPMENT REVIEW) (RECOVERABLE)
This is Amendment No. 2 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on June 16, 2021 between the City of Menifee (“City”) and JLC ENGINEERING & CONSULTING (“Consultant”) for FY 2021/22 ON-CALL ENGINEERING SERVICES (LAND DEVELOPMENT REVIEW) (RECOVERABLE) which Amendment No. 2 is made and entered into on ______________, 2022 to increase compensation amount as indicated below:
1. Section 2, “Compensation” is amended to increase the maximum compensation by $40,000.00 (FORTY THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $100,000.00 (ONE HUNDRED THOUSAND 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.
2. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 50
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 2 with JLC ENGINEERING & CONSULTING
CITY OF MENIFEE JLC ENGINEERING & CONSULTING
_______________________________ _______________________________ Armando G. Villa, City Manager Joseph L. Castaneda, President Attest: ________________________________
Marina Castaneda, Vice President
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 51
Menifee Mayor and City Council March 2, 2022
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY 2021/22ON-CALL ENGINEERING SERVICES
LAND DEVELOPMENT REVIEW) ( RECOVERABLE)
THIS PROFESSIONALSERVICESAGREEMENT (“Agreement”) is madeandeffective this _____ dayof __________, 2021 (“EffectiveDate”) by andbetweentheCITY OFMENIFEE, a California municipal corporation, (“City”) and Pettit Engineering & Architects, Inc, a CaliforniaS-Corporation (“Consultant”). City andConsultantmaysometimeshereinbereferred to individually asa “Party” andcollectivelyasthe “Parties.” SECTION 1. SERVICES.
Subjectto thetermsandconditionssetforth in thisAgreement, Consultantshallprovideto City theservicesdescribedin theScopeof Services, attachedheretoasExhibit A andincorporated hereinby this reference (the “Services”). Consultantwill perform subsequenttask ordersas requestedby the ContractAdministrator (as definedbelow), in accordancewith the Scopeof Services. In theeventof a conflict in or inconsistencybetweenthetermsof this Agreementand Exhibit A, this Agreementshallprevail.
1.1 Term of Services. The term of this Agreementshall beginon July 1, 2021and shallendonJune30, 2022unlessthetermof thisAgreementis otherwiseterminatedor extended asprovidedfor in Section8. Thetime providedto Consultantto completetheServicesrequired by this Agreementshall not affect City’s right to terminatethis Agreement, asprovidedfor in Section8.
1.2 Standardof Performance. ConsultantrepresentsandwarrantsthatConsultantis a providerof first classwork andservicesandConsultantis experiencedin performingtheServices contemplatedhereinand, in light of suchstatusand experience, Consultantshall perform the Servicesrequiredpursuantto this Agreementin the mannerand accordingto the standards observedby a competentpractitionerof the professionin which Consultantis engagedin the geographicalareain which Consultantpracticesits professionandto thesolesatisfactionof the ContractAdministrator.
1.3 Assignmentof Personnel. Consultantshall assignonly competentpersonnelto performtheServicespursuantto Agreement. In the eventthatCity, in its solediscretion, at any time duringthetermof this Agreement, desiresthereassignmentof anysuchpersons, Consultant shall, immediatelyuponreceivingnoticefrom City of suchdesireof City, reassignsuchpersonor persons.
1.4 Time. Consultantshall devotesuch time to the performanceof the Services pursuantto this Agreementas may be reasonablynecessaryto satisfyConsultant’s obligations hereunder.
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1.5 Authorizationto PerformServices. Consultantis notauthorizedto performanyof the Servicesor incur any costswhatsoeverunderthe termsof this Agreementuntil receiptof authorizationfrom theContractAdministrator.
1.6 Covid-19 Safety. If ConsultantentersCity propertyor meetsin personwith City employeesduringtheperformanceof theServices, Consultantshallcomplywith all State, County, and local emergencyorders, directives, protocols, and bestpracticesrelatedto the COVID-19 pandemic, including, but not limited to: (A) wearingfacial coverings, (B) maintainingadequate physicaldistancingwhenpossible, (C) regularhandwashing, and (D) regularhandsanitizing.
SECTION 2. COMPENSATION.
City herebyagreesto payConsultantasumnotto exceedSEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) notwithstandingany contraryindicationsthat may be containedin Consultant’s proposal, for the Servicesto be performedandreimbursable costsincurredunderthisAgreement. In theeventof aconflictbetweenthisAgreementandExhibit A, regardingtheamountof compensation, thisAgreementshallprevail. City shallpayConsultant for theServicesrenderedpursuantto thisAgreementatthetimeandin themannersetforth herein.
Thepaymentsspecifiedbelowshallbetheonly paymentsfrom City to Consultantfor theServices renderedpursuantto this Agreement. Consultantshallsubmitall invoicesto City in themanner specifiedherein. Exceptasspecificallyauthorizedin advanceby City, Consultantshall not bill City for duplicateservicesperformedby morethanoneperson.
2.1 Invoices. Consultantshall submit invoices monthly during the term of this Agreement, basedonthecostfor theServicesperformedandreimbursablecostsincurredprior to theinvoicedate. Invoicesshallcontainthefollowing information:
a. Serialidentificationsof progressbills; i.e., ProgressBill No. 1 for thefirst invoice, etc.;
b. Thebeginningandendingdatesof thebilling period;
c. A “TaskSummary” containingtheoriginalcontractamount, theamountof prior billings, thetotalduethisperiod, thebalanceavailableunderthisAgreement, andthe percentageof completion;
d. At City’s option, for eachitem in eachtask, a copy of theapplicabletime entriesor time sheetsshallbe submittedshowingthe nameof the personperformingthe Services, the hoursspentby eachperson, a brief descriptionof the Services, and each reimbursableexpense;
e. The total numberof hoursof work performedunderthis Agreementby Consultantand eachemployee, agent, and subcontractorof Consultantperformingthe Serviceshereundernecessaryto completetheServicesdescribedin Exhibit A; f. Receiptsfor expensesto bereimbursed;
g. TheConsultantRepresentative’s signature.
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Invoicesshallbesubmittedto:
City of Menifee
Attn: AccountsPayable
29844HaunRoad
Menifee, CA 92586
2.2 Monthly Payment. City shallmakemonthlypayments, basedoninvoicesreceived, for the Servicessatisfactorilyperformed, andfor authorizedreimbursablecostsincurred. City shallhavethirty (30) daysfrom thereceiptof aninvoicethatcomplieswith all of therequirements aboveto payConsultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amountdue pursuantto this Agreementwithin sixty (60) daysaftercompletionof theServicesandsubmittal to City of afinal invoice, if all of theServicesrequiredhavebeensatisfactorilyperformed.
2.4 Total Payment. City shall not pay any additionalsum for any expenseor cost whatsoeverincurredby Consultantin renderingthe Servicespursuantto this Agreement. City shallmakenopaymentfor anyextra, further, or additionalservicepursuantto this Agreement.
In no eventshall Consultantsubmitany invoice for an amountin excessof the maximumamountof compensationprovidedaboveeither for a task or for the entirety of the Servicesperformedpursuantto thisAgreement, unlessthisAgreementis modifiedin writing prior to thesubmissionof suchaninvoice.
2.5 Hourly Fees. Feesfor the Servicesperformedby Consultanton an hourly basis shallnot exceedtheamountsshownonthefeescheduleincludedwith Exhibit A.
2.6 ReimbursableExpenses. Reimbursableexpensesareincludedwithin themaximum amountof this Agreement.
2.7 Paymentof Taxes. Consultantissolelyresponsiblefor thepaymentof employment taxesincurredunderthis Agreementandanyfederalor statetaxes.
2.8 PaymentuponTermination. In the eventthat City or Consultantterminatesthis Agreementpursuantto Section8, City shallcompensateConsultantfor all outstandingcostsand reimbursableexpensesincurred for Servicessatisfactorily completedand for reimbursable expensesasof thedateof written noticeof termination. Consultantshallmaintainadequatelogs andtimesheetsin orderto verify costsandreimbursableexpensesincurredto thatdate.
SECTION 3. FACILITIES AND EQUIPMENT.
Exceptasotherwiseprovided, Consultantshall, at its solecostandexpense, provideall facilities andequipmentnecessaryto performtheservicesrequiredby this Agreement. City shall makeavailableto Consultantonly physicalfacilitiessuchasdesks, filing cabinets, andconference space, asmaybereasonablynecessaryfor Consultant’susewhile consultingwith City employees andreviewingrecordsandtheinformationin possessionof City. Thelocation, quantity, andtime of furnishing thosefacilities shall be in the sole discretionof City. In no eventshall City be DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 54
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requiredto furnishany facility that mayinvolve incurring anydirect expense, including but not limited to computer, long-distancetelephoneor other communicationcharges, vehicles, and reproductionfacilities.
SECTION 4. INSURANCE REQUIREMENTS.
Beforebeginninganywork underthisAgreement, Consultant, atits owncostandexpense, shall procurethe types and amountsof insurancecheckedbelow and provide Certificatesof Insurance, indicatingthatConsultanthasobtainedor currentlymaintainsinsurancethatmeetsthe requirementsof this sectionandwhich is satisfactory, in all respects, to City. Consultantshall maintainthe insurancepoliciesrequiredby this sectionthroughoutthe term of this Agreement.
Thecostof suchinsuranceshall beincludedin Consultant’s compensation. Consultantshall not allow any subcontractor, consultantor otheragentto commencework on any subcontractuntil Consultanthas obtainedall insurancerequired herein for the subcontractor(s) and provided evidencethereofto City. Verificationof therequiredinsuranceshallbesubmittedandmadepart of this Agreementprior to execution. Consultantacknowledgestheinsurancepolicy mustcover inter-insuredsuitsbetweenCity andotherInsureds.
4.1 Workers’ Compensation. Consultantshall, at its solecostandexpense, maintain StatutoryWorkers’ CompensationInsuranceandEmployer’s Liability Insurancefor any andall personsemployeddirectlyor indirectlyby Consultantpursuantto theprovisionsof theCalifornia Labor Code. StatutoryWorkers’ CompensationInsuranceand Employer’s Liability Insurance shall be providedwith limits of not lessthan ONE MILLION DOLLARS ($1,000,000.00) per accident, ONEMILLION DOLLARS ($1,000,000.00) diseaseperemployee, andONEMILLION DOLLARS ($1,000,000.00) diseaseperpolicy. In thealternative, Consultantmayrely on a self- insuranceprogramto meetthoserequirements, butonly if theprogramof self-insurancecomplies fully with theprovisionsof theCaliforniaLaborCode. Determinationof whetheraself-insurance programmeetsthestandardsof theCaliforniaLaborCodeshallbesolelyin thediscretionof the ContractAdministrator. Theinsurer, if insuranceis provided, or Consultant, if a programof self- insuranceis provided, shallwaiveall rightsof subrogationagainstCity andits officers, officials, employees, and authorizedvolunteersfor loss arising from the Servicesperformedunderthis Agreement.
4.2 CommercialGeneralandAutomobileLiability Insurance.
a. Generalrequirements. Consultant, at its own cost and expense, shall maintaincommercialgeneralandautomobileliability insurancefor thetermof this Agreementin an amountnot lessthanONE MILLION DOLLARS ($1,000,000.00) peroccurrence, combined singlelimit coverage, for risksassociatedwith theServicescontemplatedby thisAgreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completedoperationsaggregate. If a CommercialGeneral Liability Insuranceor an Automobile Liability Insuranceform or other form with a general aggregatelimit is used, eitherthegeneralaggregatelimit shallapplyseparatelyto theServicesto be performedunderthis Agreementor the generalaggregatelimit shall be at leasttwice the requiredoccurrencelimit. Suchcoverageshall include but shall not be limited to, protection againstclaimsarisingfrom bodily andpersonalinjury, including deathresultingtherefrom, and DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
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damageto propertyresultingfrom theServicescontemplatedunderthis Agreement, includingthe useof hired, owned, andnon-ownedautomobiles.
b. Minimum scopeof coverage. Commercialgeneralcoverageshallbeatleast asbroadasInsuranceServicesOffice CommercialGeneralLiability occurrenceform CG 0001.
Automobilecoverageshallbeat leastasbroadasInsuranceServicesOffice AutomobileLiability form CA 0001Code2, 8, and9. No endorsementshallbeattachedlimiting thecoverage. c. Additional requirements. Eachof the following shall be includedin the insurancecoverageor addedasa certifiedendorsementto thepolicy:
a. Theinsuranceshallcoveronanoccurrenceor anaccidentbasis, and not ona claims-madebasis.
b. Any failureof Consultantto complywith reportingprovisionsof the policy shallnotaffectcoverageprovidedto City andits officers, employees, agents, andvolunteers.
4.3 ProfessionalLiability Insurance.
a. Generalrequirements. Consultant, at its own cost and expense, shall maintainfor the period coveredby this Agreementprofessionalliability insurancefor licensed professionalsperformingtheServicespursuantto thisAgreementin anamountnotlessthanONE MILLION DOLLARS ($1,000,000) coveringthe licensedprofessionals’ errorsand omissions.
Any deductibleor self-insuredretentionshall be shownon the Certificate. If the deductibleor self-insuredretentionexceedsTWENTY-FIVE THOUSAND DOLLARS ($25,000), it mustbe approvedby City.
b. Claims-made limitations. The following provisions shall apply if the professionalliability coverageis written ona claims-madeform:
a. The retroactivedateof the policy mustbe shownandmustbe no laterthanthecommencementof theServices.
b. Insurancemust be maintainedandevidenceof insurancemust be provided for at least five (5) years after the expiration or termination of this Agreementor completionof the Services, so long as commerciallyavailableat reasonablerates.
c. If coverageis canceledor not renewedandit is not replacedwith anotherclaims-madepolicy form with aretroactivedatethatprecedestheEffective Dateof this Agreement, Consultantmustprovideextendedreportingcoveragefor a minimumof five (5) yearsaftertheexpirationor terminationof this Agreement or thecompletionof theServices. Suchcontinuationcoveragemaybeprovidedby oneof thefollowing: (1) renewalof theexistingpolicy; (2) anextendedreporting periodendorsement; or (3) replacementinsurancewith a retroactivedateno later thanthecommencementof theServicesunderthis Agreement. City shallhavethe DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
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right to exercise, at Consultant’s sole cost and expense, any extendedreporting provisionsof thepolicy, if Consultantcancelsor doesnotrenewthecoverage. d. A copy of the claim reportingrequirementsmust be submittedto City prior to thecommencementof theServicesunderthis Agreement.
4.4 All PoliciesRequirements.
a. Acceptabilityof insurers. All insurancerequiredby this Sectionis to be placedwith insurerswith aBests’ ratingof nolessthanA:VII andadmittedin California. b. Verification of coverage. Prior to beginning the Servicesunder this Agreement, Consultantshall furnish City with Certificatesof Insurance, additional insured endorsementor policy languagegrantingadditionalinsuredstatuscompletecertifiedcopiesof all policies, including completecertified copiesof all endorsements. All copiesof policies and certified endorsementsshall show the signatureof a personauthorizedby that insurerto bind coverageon its behalf. The Certificateof Insurancemustincludethe following reference: FY 2021/22 ON-CALL ENGINEERING SERVICES ( LAND DEVELOPMENT REVIEW) RECOVERABLE). Thenameandaddressfor AdditionalInsuredendorsements, Certificatesof InsuranceandNoticeof Cancellationis: City of Menifee, 29844HaunRoad, Menifee, CA 92586.
City mustbeendorsedasanadditionalinsuredfor liability arisingout of ongoingandcompleted operationsby or on behalfof Consultant.
c. Notice of Reductionin or Cancellationof Coverage. Consultantshall providewritten noticeto City within ten (10) working daysif: (1) anyof therequiredinsurance policiesisterminated; (2) thelimits of anyof therequiredpolicesarereduced; or (3) thedeductible or self insuredretentionis increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, andauthorizedvolunteersshall becoveredasadditionalinsuredswith respectto eachof the following: liability arising out of the Servicesperformedby or on behalf of Consultant, includingtheinsured’s generalsupervisionof Consultant; productsandcompletedoperationsof Consultant, as applicable; premisesowned, occupied, or usedby Consultant; and automobiles owned, leased, or usedby Consultantin the courseof providing the Servicespursuantto this Agreement. Thecoverageshallcontainno speciallimitationsonthescopeof protectionafforded to City or its officers, employees, agents, or authorizedvolunteers. Theinsuranceprovidedto City asanadditionalinsuredmustapplyon a primaryandnon-contributorybasiswith respectto any insuranceor self-insuranceprogrammaintainedby City. Additional insuredstatusshallcontinue for one (1) yearaftertheexpirationorterminationof thisAgreementorcompletionof theServices.
A certified endorsementmust be attachedto all policies statingthat coverageis primaryinsurancewith respectto City andits officers, officials, employees, andvolunteers, and thatno insuranceor self-insurancemaintainedby City shallbecalleduponto contributeto a loss underthecoverage.
e. Deductiblesand Self-insured Retentions. Consultantshall obtain the writtenapprovalof City for theself-insuredretentionsanddeductiblesbeforebeginninganyof the Services.
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During the term of this Agreement, only upon the prior express written authorizationof the ContractAdministrator, Consultantmay increasesuchdeductiblesor self- insuredretentionswith respectto City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increasein deductibleor self-insured retentionlevelswith arequirementthatConsultantprocureabondguaranteeingpaymentof losses andrelatedinvestigations, claim administration, anddefenseexpensesthat is satisfactoryin all respectsto eachof them.
f. Subcontractors. Consultantshall include all subcontractorsas insureds under its policies or shall furnish separatecertificatesand certified endorsementsfor each subcontractor. All coveragesfor subcontractorsshallbesubjectto all of therequirementsstated herein.
g. Variation. TheContractAdministratormay, butis notrequiredto, approve in writing a variation in the foregoinginsurancerequirements, upon a determinationthat the coverage, scope, limits, andformsof suchinsuranceareeithernotcommerciallyavailable, or that City’s interestsareotherwisefully protected.
4.5 Remedies. In additionto any otherremediesat law or equity City may haveif Consultantfails to provideor maintainanyinsurancepoliciesor policy endorsementsto theextent andwithin the time hereinrequired, City may, at its soleoption, exerciseany of the following remedies, whicharealternativesto otherremediesCity mayhaveandarenottheexclusiveremedy for Consultant’s breach:
a. Obtainsuchinsuranceanddeductandretainthe amountof the premiums for suchinsurancefrom anysumsdueunderthis Agreement;
b. Order Consultantto stop work under this Agreementor withhold any paymentthat becomesdueto Consultanthereunder, or bothstopwork andwithhold any payment, until Consultantdemonstratescompliancewith therequirementshereof; and/or c. Terminatethis Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishesa professionalstandardof carefor performanceof the Services, to the fullest extentpermittedby law, Consultantshallindemnify, protect, defend (with counselselectedby City), andholdharmless City andanyandall of its officers, employees, officials, volunteers, andagentsfrom andagainst any andall claims, losses, costs, damages, expenses, liabilities, liens, actions, causesof action whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penaltiesof anykind (includingreasonableconsultantandexpertfeesand expensesof investigation, costsof whateverkind andnatureand, if Consultantfails to providea defensefor City, the legal costsof counselretainedby City) and any judgment (collectively, Claims”) to theextentsamearecausedin wholeor in partby anynegligentor wrongfulact, error, or omissionof Consultant, its officers, agents, employees, or subcontractors (or any entity or individual thatConsultantshallbearthelegalliability thereof) in theperformanceof professional servicesunderthis Agreement.
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5.2 Indemnification for Other than ProfessionalLiability. Other than in the performanceof professionalservicesand to the full extentpermittedby law, Consultantshall indemnify, protect, defend (with counselselectedby City), andhold harmlessCity, andanyand all of its officers, employees, officials, volunteers, andagentsfrom andagainstanyandall Claims, wherethesameariseout of, areaconsequenceof, or arein anyway attributableto, in wholeor in part, the performanceof this Agreementby Consultantor by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employeesor subcontractorsof Consultant.
5.3 Limitation of Indemnification. The provisionsof this Section5 do not apply to claimsoccurringasa resultof City’s soleor activenegligence. Theprovisionsof this Section5 shallnot releaseCity from liability arisingfrom grossnegligenceor willful actsor omissionsof City or anyandall of its officers, officials, employees, andagentsactingin anofficial capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 IndependentContractor. At all timesduringthetermof thisAgreement, Consultant shallbeanindependentcontractorandshallnot beanemployeeof City. City shallhavetheright to control Consultantonly insofar as the results of the Servicesrenderedpursuantto this Agreementandassignmentof personnelpursuantto Subparagraph1.3; however, otherwiseCity shall not havethe right to control the meansby which Consultantaccomplishesthe Services renderedpursuantto this Agreement. The personnelperforming the Servicesunder this Agreementonbehalfof Consultantshallatall timesbeunderConsultant’sexclusivedirectionand control. Consultantshallnot at anytime or in anymannerrepresentthatit or anyof its officers, employees, or agentsis in anymannerofficers, officials, employees, or agentsof City. Consultant shallnot incur or havethepowerto incur anydebt, obligation, or liability whateveragainstCity, or bindCity in anymanner. Exceptfor thefeespaidto Consultantasprovidedin thisAgreement, City shallnotpaysalaries, wages, or othercompensationto Consultantfor performingtheServices hereunderfor City. City shallnotbeliablefor compensationor indemnificationto Consultantfor injury or sicknessarisingout of performingthe Serviceshereunder. Notwithstandingany other City, state, or federalpolicy, rule, regulation, law, or ordinanceto thecontrary, Consultantandany of its employees, agents, andsubcontractorsproviding servicesunderthis Agreementshall not qualify for or becomeentitledto any compensation, benefit, or any incidentof employmentby City, including but not limited to eligibility to enroll in the California Public Employees RetirementSystem (“PERS”) asan employeeof City andentitlementto any contributionto be paidby City for employercontributionsand/or employeecontributionsfor PERSbenefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 GoverningLaw. Thelawsof theStateof Californiashallgovernthis Agreement.
7.2 Compliancewith ApplicableLaws. Consultantandanysubcontractorshallcomply with all applicablelocal, state, andfederallawsandregulationsapplicableto theperformanceof thework hereunder. Consultantshallnot hireor employanypersonto performwork within City or allow anypersonto performtheServicesrequiredunderthis Agreementunlesssuchpersonis properlydocumentedandlegally entitledto be employedwithin theUnitedStates. Any andall work subjectto prevailingwages, asdeterminedby theDirectorof IndustrialRelationsof theState DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
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of California, will be the minimum paid to all laborers, including Consultant’s employeeand subcontractors. It is understoodthatit is theresponsibilityof Consultantto determinethecorrect scale. The StatePrevailingWageRatesmay be obtainedfrom the California Departmentof IndustrialRelations (“DIR”) pursuantto CaliforniaPublicUtilities Code, Sections465, 466, and 467 by calling 415-703-4774. Appropriate records demonstratingcompliance with such requirementshallbemaintainedin a safeandsecurelocationat all times, andreadilyavailableat City’s request. Consultantshall indemnify, defend, andhold City andits electedandappointed boards, members, officials, officers, agents, representatives, employees, andvolunteersharmless from and againstany liability, loss, damage, cost or expenses (including but not limited to reasonableattorneys’ fees, expert witnessfees, court costs, and costsincurred relatedto any inquiriesor proceedings) arisingfrom or relatedto (i) the noncomplianceby Consultantor any partyperformingtheServicesof anyapplicablelocal, state, and/or federallaw, including, without limitation, any applicablefederal and/or state labor laws (including, without limitation, the requirementto paystateprevailingwagesandhireapprentices); (ii) theimplementationof Section 1781of theLaborCode, asthesamemaybeamendedfrom timeto time, or anyothersimilarlaw; and/or (iii) failure by Consultantor any party performingthe Servicesto provideany required disclosureor identificationasrequiredby LaborCodeSection1781, asthesamemaybeamended from time to time, or any othersimilar law. It is agreedby the Partiesthat, in connectionwith performanceof the Services, including, without limitation, anyandall public works (asdefined by applicablelaw), Consultantshallbearall risksof paymentor non-paymentof prevailingwages underCalifornialaw and/or theimplementationof LaborCodeSection1781, asthesamemaybe amendedfrom time to time, and/or any othersimilar law. Consultantacknowledgesandagrees that it shall be independentlyresponsiblefor reviewingthe applicablelaws andregulationsand effectuatingcompliancewith suchlaws. Consultantshallrequirethesameof all subcontractors.
7.3 LicensesandPermits. Consultantrepresentsandwarrantsto City thatConsultant andits employees, agents, andany subcontractorshaveall licenses, permits, qualifications, and approvalsof whatsoevernaturethat arelegally requiredto practicetheir respectiveprofessions.
Consultantrepresentsand warrantsto City that Consultantand its employees, agents, and subcontractorsshall, at their solecostandexpense, keepin effectat all timesduringthetermof this Agreementany licenses, permits, and approvalsthat are legally requiredto practicetheir respectiveprofessions. In additionto theforegoing, Consultantandanysubcontractorsshallobtain andmaintainduringthetermof this Agreementvalid BusinessLicensesfrom City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City maycancelthis Agreementat anytime andwithout causeupon writtennotificationto Consultant.
8.2 Terminationby Consultant. Consultantmaycancelthis Agreementupon30days’ writtennoticeto City.
8.3 Consequencesof Termination. In the eventof termination, Consultantshall be entitledto compensationfor theServicesperformedup to thedateof termination; City, however, may condition paymentof such compensationupon Consultantdelivering to City any or all documents, photographs, computersoftware, videoandaudiotapes, andothermaterialsprovided to Consultantor preparedby or for Consultantor City in connectionwith thisAgreement.
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8.4 Extension. City may, in its soleandexclusivediscretion, extendthe enddateof this Agreementbeyondthat providedfor in Subsection1.1. Any suchextensionshall requirea writtenamendmentto this Agreement, asprovidedfor herein. Consultantunderstandsandagrees that, if City grantssuchan extension, City shall haveno obligationto provideConsultantwith compensationbeyondthe maximumamountprovidedfor in this Agreement. Similarly, unless authorizedby theContractAdministrator, City shallhaveno obligationto reimburseConsultant for anyotherwisereimbursableexpensesincurredduringtheextensionperiod.
8.5 Amendments. ThePartiesmayamendthisAgreementonly by awriting signedby all theParties.
8.6 AssignmentandSubcontracting. City andConsultantrecognizeandagreethatthis Agreementcontemplatespersonalperformanceby Consultantandis basedupona determination of Consultant’s uniquepersonalcompetence, experience, and specializedpersonalknowledge.
Moreover, a substantialinducementto City for enteringinto this Agreementwas and is the professionalreputationandcompetenceof Consultant. ConsultantmaynotassignthisAgreement oranyinterestthereinwithouttheprior writtenapprovalof theContractAdministrator. Consultant shallnot subcontractanyportionof theperformancecontemplatedandprovidedfor herein, other thanto the subcontractorsnotedin Consultant’s proposal, without prior written approvalof the ContractAdministrator. In the eventthat key personnelleaveConsultant’s employ, Consultant shallnotify City immediately.
8.7 Survival. All obligationsarising prior to the expiration or terminationof this Agreementandall provisionsof this Agreementallocatingliability betweenCity andConsultant shallsurvivetheexpirationor terminationof this Agreement.
8.8 OptionsuponBreachby Consultant. If Consultantmateriallybreachesanyof the termsof this Agreement, City's remediesshall include, but not be limited to, any or all of the following:
a. Immediatelyterminatethis Agreement;
b. Retainthe plans, specifications, drawings, reports, designdocuments, and anyotherwork productpreparedby Consultantpursuantto this Agreement; c. Retain a different consultant to complete the Services describedin Exhibit A; and/or
d. ChargeConsultantthedifferencebetweenthecostto completetheServices describedin Exhibit A that is unfinishedat the time of breachandthe amountthat City would have paid Consultantpursuantto Section2 if Consultanthad completedthe Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 RecordsCreatedas Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or anyotherdocumentsor materials, in electronicor anyotherform thatConsultantprepares or obtainspursuantto this Agreementandthatrelateto thematterscoveredhereundershallbethe propertyof City. Consultantherebyagreesto deliverthosedocumentsto City upontheexpiration or terminationof this Agreement. It is understoodand agreedthat the documentsand other materials, includingbutnotlimited to thosedescribedabove, preparedpursuantto thisAgreement arepreparedspecificallyfor City andarenotnecessarilysuitablefor anyfutureor otheruse. Any useof suchdocumentsfor otherprojectsby City shallbewithoutliability to Consultant. City and Consultantagreethat, until final approvalby City, all data, plans, specifications, reports, andother documentsareconfidentialandwill not bereleasedto third partieswithout prior written consent of bothPartiesunlessrequiredby law.
9.2 Licensingof IntellectualProperty. This Agreementcreatesa non-exclusiveand perpetuallicensefor City to copy, use, modify, reuse, orsublicenseanyandall copyrights, designs, rightsof reproduction, andotherintellectualpropertyembodiedin plans, specifications, studies, drawings, estimates, testdata, surveyresults, models, renderings, andotherdocumentsor works of authorshipfixed in any tangiblemediumof expression, includingbut not limited to, physical drawings, digital renderings, or datastoreddigitally, magnetically, or in anyothermedium, which are preparedor causedto be preparedby Consultantunderthis Agreement (“Documentsand Data”). Consultantshallrequireall subcontractorsto agreein writing thatCity is granteda non- exclusiveandperpetuallicensefor anyDocumentsandDatathesubcontractorpreparesunderthis Agreement. ConsultantrepresentsandwarrantsthatConsultanthasthelegalright to licenseany andall DocumentsandData. Consultantmakesno suchrepresentationandwarrantyin regardto Documentsand Data which were preparedby designprofessionalsother than Consultantor providedto Consultantby theCity. City shallnotbelimited in anywayin its useof theDocuments and Data at any time, provided that any such use not within the purposesintendedby this Agreementshallbeat City’s solerisk.
9.3 Consultant’s BooksandRecords. Consultantshall maintainany andall ledgers, booksof account, invoices, vouchers, canceledchecks, andotherrecordsor documentsevidencing or relatingto chargesfor the Servicesor expendituresanddisbursementschargedto City under this Agreementfor a minimumof three (3) years, or for anylongerperiodrequiredby law, from thedateof final paymentto ConsultantunderthisAgreement. All suchrecordsshallbemaintained in accordancewith generallyacceptedaccountingprinciplesandshall be clearly identified and readilyaccessible.
9.4 InspectionandAudit of Records. Any recordsor documentsthat Section9.3 of this AgreementrequiresConsultantto maintainshall be madeavailablefor inspection, audit, and/or copyingat any time during regularbusinesshours, uponoral or written requestof City.
UnderCaliforniaGovernmentCodeSection8546.7, if theamountof publicfundsexpendedunder this AgreementexceedsTEN THOUSAND DOLLARS ($10,000.00), this Agreementshall be subjectto theexaminationandauditof theStateAuditor, at therequestof City or aspartof any auditof City, for a periodof three (3) yearsafterfinal paymentunderthis Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If eitherPartyto this Agreementbringsanyaction, includingan actionfor declaratoryrelief, to enforceor interprettheprovisionof thisAgreement, theprevailing Partyshall be entitledto reasonableattorneys’ feesandexpensesincluding costs, in additionto any otherrelief to which that Partymay be entitled; provided, however, that the attorneys’ fees awardedpursuantto this Sectionshall not exceedthehourly ratepaid by City for legal services multiplied by thereasonablenumberof hoursspentby theprevailingPartyin theconductof the litigation. Thecourtmaysetsuchfeesin thesameactionor in a separateactionbroughtfor that purpose.
10.2 ApplicableLaw; Venue. Theinternallawsof theStateof Californiashallgovern the interpretationandenforcementof this Agreement. In the eventthat eitherPartybringsany actionagainsttheotherunderthis Agreement, thePartiesagreethattrial of suchactionshall be vestedexclusivelyin RiversideCounty.
10.3 Severability. If anyprovisionof this Agreementis heldinvalid, theremainderof this Agreementshall not be affected thereby and all other parts of this Agreementshall neverthelessbein full forceandeffect.
10.4 Section Headingsand Subheadings. The section headingsand subheadings containedin this Agreementareincludedfor convenienceonly andshall not limit or otherwise affectthetermsof this Agreement.
10.5 No ImpliedWaiverof Breach. Thewaiverof anybreachof aspecificprovisionof this Agreementdoesnot constitutea waiverof anyotherbreachof thattermor anyothertermof this Agreement.
10.6 SuccessorsandAssigns. Theprovisionsof thisAgreementshallinureto thebenefit of andshallapplyto andbindthesuccessorsandassignsof theParties.
10.7 ConsultantRepresentative. All mattersunderthis Agreementshallbehandledfor Consultantby JohnO'Doherty (“Consultant’s Representative”). TheConsultant’s Representative shall havefull authorityto representandact on behalfof Consultantfor all purposesunderthis Agreement. The Consultant’s Representativeshall superviseanddirect the Services, usinghis bestskill andattention, andshall be responsiblefor all means, methods, techniques, sequences, and proceduresand for the satisfactorycoordinationof all portionsof the Servicesunderthis Agreement.
10.8 City ContractAdministration. This Agreementshall be administeredby a City employee, Nick Fidler, Public Works Director/City Engineer (“ContractAdministrator”). All correspondenceshall be directedto or throughthe ContractAdministratoror his designee. The ContractAdministratorshall havethe powerto act on behalfof City for all purposesunderthis Agreement. Unlessotherwiseprovidedin this Agreement, Consultantshall not acceptdirection or ordersfrom anypersonotherthantheContractAdministratoror his designee.
10.9 Notices. Any writtennoticeto Consultantshallbesentto:
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PettitEngineering & Architects, Inc
Attn: JohnO'Doherty
1787PomonaRoad, SuiteD-E
Corona, CA 92880
Any writtennoticeto City shallbesentto theContractAdministratorat:
City of Menifee
29844HaunRoad
Menifee, CA 92586
Attn: Nick Fidler, PublicWorksDirector/City Engineer
with a copyto:
City Clerk
City of Menifee
29844HaunRoad
Menifee, CA 92586
10.10 ProfessionalSeal. Where applicable in the determinationof the Contract Administrator, thefirst pageof atechnicalreport, first pageof designspecifications, andeachpage of constructiondrawings shall be stamped/sealedand signed by the licensed professional responsiblefor thereport/designpreparation. Thestamp/sealshallbein ablockentitled “Sealand Signatureof RegisteredProfessionalwith report/design responsibility,” as in the following example.
SealandSignatureof RegisteredProfessionalwith
report/designresponsibility.
10.11 Rights and Remedies. Except with respectto rights and remediesexpressly declaredto beexclusivein this Agreement, therightsandremediesof thePartiesarecumulative andtheexerciseby eitherPartyof oneor moreof suchrightsor remediesshallnot precludethe exerciseby it, at thesameor differenttimes, of anyotherrightsor remediesfor thesamedefault or anyotherdefaultby theotherParty.
10.12 Integration. This Agreement, includingthescopeof servicesattachedheretoand incorporatedhereinasExhibit A, representstheentireandintegratedagreementbetweenCity and Consultantandsupersedesall prior negotiations, representations, or agreements, eitherwritten or oral. The termsof this Agreementshall be construedin accordancewith the meaningof the languageusedandshallnot beconstruedfor or againsteitherPartyby reasonof theauthorshipof this Agreementor anyotherruleof constructionwhichmight otherwiseapply.
10.13 Counterparts. This Agreementmaybeexecutedin multiple counterparts, eachof which shallbeanoriginalandall of which togethershallconstituteoneagreement.
DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 64
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630421.2 a03/02/21 - 14-
10.14 Executionof Contract. ThepersonsexecutingthisAgreementonbehalfof eachof thePartiesheretorepresentandwarrantthat (i) suchPartyis duly organizedandexisting, (ii) they are duly authorizedto executeand deliver this Agreementon behalf of said Party, (iii) by so executingthis Agreement, suchPartyis formally boundto theprovisionsof this Agreement, and iv) that enteringinto this Agreementdoesnot violate any provisionof any otherAgreementto whichsaidPartyis bound.
10.15 Nondiscrimination. Consultantcovenantsthat, by andfor itself, its heirs, executors, assigns, andall personsclaimingunderor throughthem, thatin theperformanceof thisAgreement thereshall be no discriminationagainstor segregationof, any personor group of personson accountof any impermissibleclassificationincluding, but not limited to, race, color, creed, religion, sex, maritalstatus, sexualorientation, nationalorigin, or ancestry.
10.16 No Third Party Beneficiaries. With the exceptionof the specific provisionsset forth in this Agreement, thereareno intendedthird-partybeneficiariesunderthis Agreementand no suchotherthird partiesshallhaveanyrightsor obligationshereunder.
10.17 Nonliability of City OfficersandEmployees. No officer, official, employee, agent, representative, or volunteerof City shall be personallyliable to Consultant, or any successorin interest, in theeventof anydefaultor breachby City or for anyamountwhichmaybecomedueto Consultantor to its successor, or for breachof anyobligationof thetermsof this Agreement.
10.18 No UndueInfluence. Consultantdeclaresandwarrantsthatno undueinfluenceor pressureis usedagainstor in concertwith anyofficer or employeeof City in connectionwith the award, termsor implementationof thisAgreement, includinganymethodof coercion, confidential financial arrangement, or financial inducement. No officer or employeeof City shall receive compensation, directly or indirectly, from Consultant, or from anyofficer, employee, or agentof Consultant, in connectionwith theawardof thisAgreementor anywork to beconductedasaresult of this Agreement.
10.19 No Benefitto Ariseto City Employees. No member, officer, or employeeof City, or their designeesor agents, and no public official who exercisesauthority over or has responsibilitieswith respectto thisAgreementduringhis/hertenureor for one (1) yearthereafter, shall haveany interest, direct or indirect, in any agreementor sub-agreement, or the proceeds thereof, for theServicesto beperformedunderthis Agreement.
SignaturesonFollowing Page]
DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 65
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630421.2 a03/02/21 - 15-
IN WITNESS WHEREOF, the Parties hereto have executedand enteredinto this Agreementasof theEffectiveDate.
CITY OF MENIFEE
ArmandoG. Villa, City Manager
Attest:
SarahA. Manwaring, City Clerk
Approvedasto Form:
JeffreyT. Melching, City Attorney
CONSULTANT
JohnO' Doherty, President
JohnO' Doherty, Treasurer/Secretary
Note: 2 officer’s signaturesrequiredif
Consultantis acorporation, unlessprovided
with acertificateof secretaryin-lieu]
DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 66
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630421.2 a03/02/21
EXHIBIT A
EXHIBIT A
SCOPEOF SERVICES
Consultantshall providethe following servicesin the amountnot to exceedSEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) :
ComprehensivePlanCheckandReviewServicesasrequestedby City of MenifeePublic Works/Engineeringstaff.
DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 67
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630421.2 a03/02/21 - 2-
DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 68
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630421.2 a03/02/21 - 3-
DocuSign Envelope ID: CB0E329A- 18C0- 4287- AD85-CFEF9914C179DocuSignEnvelopeID: 8208821B- 19F9- 4E1C- A966- 7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 69
Menifee Mayor and City Council March 2, 2022
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN Pettit Engineering & Architects, Inc
AND THE CITY OF MENIFEE FOR FY 2021/22 ON-CALL ENGINEERING SERVICES (LAND
DEVELOPMENT REVIEW) (RECOVERABLE)
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on June 16, 2021 between the City of Menifee (“City”) and Pettit Engineering & Architects, Inc (“Consultant”) for FY 2021/22 ON-CALL ENGINEERING SERVICES (LAND DEVELOPMENT REVIEW) (RECOVERABLE) which Amendment No. 1 is made and entered into on ______________, 2022 to increase compensation amount as indicated below:
1. Section 2, “Compensation” is amended to increase the maximum compensation by $50,000.00 (FIFTY THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $125,000.00 (ONE HUNDRED TWENTY FIVE THOUSAND 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.
2. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 70
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 1 with Pettit Engineering & Architects, Inc CITY OF MENIFEE Pettit Engineering & Architects, Inc
_______________________________ _______________________________ Armando G. Villa, City Manager John O' Doherty, President Attest: ________________________________
John O' Doherty, Treasurer/Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 71
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 72
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 73
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 74
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 75
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 76
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 77
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 78
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 79
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 80
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 81
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 82
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 83
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 84
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 85
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 86
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 87
Menifee Mayor and City Council March 2, 2022
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 88
Menifee Mayor and City Council March 2, 2022
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN D.R. BECHTER CONSULTING
AND THE CITY OF MENIFEE FOR
FY2020/21 & FY21/22 ON-CALL CONSTRUCTION INSPECTION SERVICES (RECOVERABLE)
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and D.R. BECHTER CONSULTING (“Consultant”) for FY2020/21 & FY21/22 ON -CALL CONSTRUCTION INSPECTION SERVICES (RECOVERABLE) which Amendment No. 1 is made and entered into on _________________, 2021 to increase the scope of work and compensation amount as indicated below:
1. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the July 1, 2020 and shall end on June 30, 2022 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. Section 1.6, “Covid-19 Safety” is included to read as follows:
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
3. Section 2, “Compensation” is amended to increase the maximum compensation by $110,000.00 (TWO HUNDRED EIGHTEEN THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $328,000.00 (THREE
HUNDRED TWENTY EIGHT THOUSAND DOLLARS AND ZERO CENTS ) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and rei mbursable 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.
4. Exhibit A, Scope of Services is supplemented to include Amendment No. 1 - Exhibit A:
FY2020/21 & FY21/22 ON-CALL CONSTRUCTION INSPECTION SERVICES, which is DocuSign Envelope ID: 1139117F-8E94-4B71-BDC4-3DF595B3BF73 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 June 16
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 89
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 1 with D.R. Bechter Consulting attached as Exhibit A hereto. “ Amendment No. 1- Exhibit A: FY2020/21 & FY21/22 ON - CALL CONSTRUCTION INSPECTION SERVICES” is not intended to replace the original Exhibit A to the Agreement, but inst ead to updates the facility sites and compensation amount listed in the original Exhibit A to the Agreement.
5. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 1139117F-8E94-4B71-BDC4-3DF595B3BF73 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 90
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 1 with D.R. Bechter Consulting CITY OF MENIFEE D.R. BECHTER CONSULTING
_______________________________ _______________________________ Armando G. Villa, City Manager Danis Bechter, President
Attest: ________________________________
Danis Bechter, Secretary
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 1139117F-8E94-4B71-BDC4-3DF595B3BF73 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 91
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 1 with D.R. Bechter Consulting
Amendment No. 1- Exhibit A: FY2020/21 & FY21/22 ON-CALL CONSTRUCTION
INSPECTION SERVICES
Consultant shall provide the following services:
• Comprehensive On Call Construction Inspection Services
extended to include Fiscal Year 2021/22 (July 1, 2021 through June 30, 2022) at the hourly rate established in the originally executed agreement.
DocuSign Envelope ID: 1139117F-8E94-4B71-BDC4-3DF595B3BF73 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 92
Menifee Mayor and City Council March 2, 2022
OocuSign Envelope lD: E50D0085-C379-4137-82AD-E77EEF.tO7BCB AMENDMENT NO. 2 TO
AGREEMENT BETWEEN D.R. BECHTER CONSULTING
AND THE CITY OF MENIFEE FOR FY2O2O/21 &FY21122 ON-CALL CONSTRUCTION
INSPECTION SERVICES (RECOVERABLE)
INSPECTION SERVICES (RECOVERABLE) which Amendment No. 2 is made and entered into 2021 to increase the compensation amount as indicated below:6n December 15 Section 2, "Compensataon" is amended to increase the maximum compensation by $60,000.00 (SIXTY THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPEN SATION.
City hereby agrees to pay Consultant a sum not to exceed $388,OOO.OO (THREE HUNDRED EtGHTy ETGHT THOUSAND OOLLARS ANO 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. ln 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.
2. All other terms and conditions of the Agreement remain in full force and effect This is Amendment No.2 to that certain AGREEMENT for professional Services Agreement ("Agreement") made on Juty 1,2020 between the City of Menifee (,,City,,) and D.R.
BECHTER CONSULTING ("Consultant") for FY2020t21 &Fy21't22ON-CALL CONSTRUCTTON Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 93
Menifee Mayor and City Council March 2, 2022
DocuSign Envelope lD: E50D0085-C379-4137-82AD-E77EEF107BC8 CITY OF t\ilENIFEE
Villa, City Manager
Attest:
D.R. Bechter Consulting
0^;s fu,i'tw
, President
O*rs fu)lw
nrs r, Secretary
G
aral," 0.. lraatawanua
,Btdlf 1r(9qvlanwaflng, City Clerk
Approved as to Form
elch ing,ci Attorney
Professional Services Amendment No. 2 with D.R. Bechter Consulting Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 94
Menifee Mayor and City Council March 2, 2022
AMENDMENT NO. 3 TO
AGREEMENT BETWEEN D.R. Bechter Consulting
AND THE CITY OF MENIFEE FOR FY2020/21 & FY21/22 ON-CALL CONSTRUCTION
INSPECTION SERVICES (RECOVERABLE)
This is Amendment No. 3 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on July 1, 2020 between the City of Menifee (“City”) and D.R.
Bechter Consulting (“Consultant”) for FY2020/21 & FY21/22 ON-CALL CONSTRUCTION INSPECTION SERVICES (RECOVERABLE) which Amendment No. 3 is made and entered into on ______________, 2022 to increase compensation amount as indicated below:
1. Section 2, “Compensation” is amended to increase the maximum compensation by $60,000.00 (TWO HUNDRED EIGHTEEN THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $448,000.00 (FOUR
HUNDRED FORTY EIGHT THOUSAND 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.
2. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 95
Menifee Mayor and City Council March 2, 2022
Professional Services Amendment No. 3 with D.R. Bechter Consulting CITY OF MENIFEE D.R. Bechter Consulting
_______________________________ _______________________________ Armando G. Villa, City Manager Danis Bechter, President Attest: ________________________________
Danis Bechter, Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 96
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the City Engineer to accept the public improvements at Sunset Park; and
2. Adopt a Resolution approving the grant deed and certificate of acceptance for Sunset Park; and
3. Approve the 90% landscape improvement bond reduction for Sunset Park, Lot 111 of Tract Map 36484, located west of Goetz Road and Audie Murphy Road North.
DISCUSSION
Tract Map 36484 is a development of 109 single-family residential homes in a subdivision of approximately 32.3 acres. The project is located in Audie Murphy Ranch west of Goetz Road and Audie Murphy Road North in the western portion of the City of Menifee as depicted in the attached Project Map.
The subdivision includes a neighborhood park (Sunset Park) which includes a playground, a shade structure, open turf areas, walkways, and a water quality basin. The park is now complete and is conditioned to be dedicated to the City as a public park.
The Public Works / Engineering Department and Community Services Department have inspected the facilities and determined the public improvements to be complete in accordance with the conditions of approval, plans, and specifications. The park was inspected on November 2, 2021, and the developer maintained the park for 90 days in accordance with City standard policies.
The associated improvement bonds for Sunset Park are summarized in Table 1. The remaining Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
TM 36484 Park Acceptance
March 2, 2022
8 8
6 10% of the improvement bonds will be held as a warranty for a period of one year in accordance with the City Municipal Code.
Table 1- TM 36484 Sunset Park Bond Reduction
Improvement Security Faithful
Performance
(Original Amount)
Labor &
Materials
(Original
Amount)
Faithful Performance
(90% Reduction)
Landscape 30113134 $871,000 $435,500 $87,100
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
There is no fiscal impact to the General Fund in approving the grant deed and preparing the recommended Resolution. The developer paid the necessary attorney’s fees and staff time in reviewing the grant deed and preparation of the recommended Resolution. The maintenance of the park site will be funded by special taxes paid by the property owners for participation in Community Facilities District 2012-1.
The estimated value of the improvements at the park is $871,000. This value does not include the value of the real properties, which is estimated at $124,000 for a total park value of $995,000.
Once accepted, these facilities will be added to the City of Menifee Fixed Asset Report Inventory.
ATTACHMENTS
1. Project Map
2. Resolution; Exhibit A – Grant Deed; Exhibit B - Certificate of Acceptance TR 36484
3. Improvement Bond Agreements
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
EXHIBIT ATRACT NO. 36484
Item Title: 10.9 Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 3
Menifee Mayor and City Council March 2, 2022 Page 239 of 493
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING THE CERTIFICATE OF ACCEPTANCE FOR SUNSET PARK WHEREAS, the City of Menifee was incorporated on October 1, 2008, and pursuant to the Terms and Conditions of incorporation, upon incorporation assumed authority over parks in the City’s boundaries pursuant to Resolution No. 08-24 as of that date; and WHEREAS, Sunset Park was built on Tract 36484, recorded as Book 475 of Maps, pages 66 through 75, inclusive, and dedicated to the City of Menifee as a condition of approval of the final tract map; and
WHEREAS, the form of the Grant Deed granting the Sunset Park, described as Lot 111 of recorded Tract Map 36484, from Sutter Mitland 01 LLC, to the City is attached hereto as Exhibit A has been reviewed by City Staff; and
WHEREAS, In order to satisfy the original condition of approval and complete the transfer of Sunset Park from Sutter Mitland 01 LLC to the City, the City Council now desires to accept the Grant Deed and issue the Certificate of Acceptance (in the form attached hereto as Exhibit B) through adoption of this Resolution.
NOW, THEREFORE , the City Council of the City of Menifee resolves and orders as follows:
Section 1. Approval of Certificate of Acceptance-
The City of Menifee hereby accepts and approves the Grant Deed and Certificate of Acceptance for Sunset Park, which is located on Lot 111 of Tract 36484 as filed in Book 475 of Maps, pages 66 through 75 inclusive.
PASSED, APPROVED AND ADOPTED this 2 day of March, 2022.
Bill Zimmerman, Mayor
Attest:
Stephanie Roseen,Acting City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 4
Menifee Mayor and City Council March 2, 2022
R ecording Requested By:
City of Menifee
WHEN RECORDED MAIL TO:
City of Menifee
29844 Haun Rd.
Menifee, CA 92586
No Fee, Government Code Section 6103
Benefit of City of Menifee
SP
ACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ 0
....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or encumbrances R emaining at time of sale. SEE ATTACHED_________________________________ Apn 341-421-016 Signature of Declarant or Agent determining tax – Firm name
GRANT DEED
F OR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sut ter Mitland 01, LLC, Limited Liability Company
hereby GRANTS IN FEE to the City of Menifee, a Municipal Corporation t
he real property in the City of Menifee, County of Riverside, State of California, described as:
LOT
111 AS SHOWN ON TRACT NO. 36484 FILED IN BOOK 475, PAGES 66 THROUGH 75, INCLUSIVE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
STATE OF CALIFORNIA }SS. ____________________________________________________________ COUNTY OF ____________________________ } Signature ________________________________ ____________________________ ON ________________________________ _________ before me, Print Name ___________________________________________________ , ____________________________________________________________ personally appeared ___________________________________ Title/Company (if applicable) ___________________________________________________ ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I
certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WI
TNESS my hand and official seal.
S
ignature _________________________________________________ Of Notary Public
*SEE ADDITIONAL SHEETS FOR ADDITIONAL NOTARIES*
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Exhibit A
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
CERTIFICATE OF ACCEPTANCE
The CITY OF MENIFEE, a municipal corporation, hereby ACCEPTS the offer of DEDICATION of Lot 111 of Tract Map 36484, the real property in the County of Riverside, State of California, as per Map filed in Book 475, Pages 66 through 75, inclusive, of Maps, in the office of the County Recorder of said county, as dedicated by Owner(s): Sutter Mitland 01 LLC.
Date BILL ZIMMERMAN,
Mayor of the City of Menifee, CA
VERIFICATION:
I, the undersigned, am the Mayor of the City of Menifee, the declarant of the foregoing Certificate of Acceptance. I have read the said Certificate of Acceptance and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Date BILL ZIMMERMAN,
Mayor of the City of Menifee, CA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On , before me, , Notary Public, personally appeared
Bill Zimmerman, MAYOR OF THE CITY OF MENIFEE, CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
NOTARY
(SEAL)
WHEN RECORDED RETURN
ORIGINAL TO:
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA. 92586
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Exhibit B
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 6
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 7
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 8
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 9
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 10
Menifee Mayor and City Council March 2, 2022
lN WITNESS WHEREOF, Developer has affixed his name, address and seal.
By
Vi
mza
eL:--
wiilram Seith
Secretary
CITY OF MENIFEE
Yola Macalalad, Acting City Engineer
Dated: s/s/202l
CITY OF MENIFEE
ATTEST,
By
v
n, Mayor
APPROVED AS TO FORM,
By
nng, ity Clerk ching, ity ey
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Docusign Envelope lD: 4A330432-C1 92-4226-ACC4-380751 3407E0 oateo: Q{-p-hr f ,zozo
L
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 11
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 12
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 13
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 14
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 15
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 16
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 17
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 18
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 19
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 20
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 21
Menifee Mayor and City Council March 2, 2022
Item Title: 10.9
Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC Item Page Number: 22
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Orlando Hernandez, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an Ordinance approving Change of Zone No. PLN21-0408 amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN21-0408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.
DISCUSSION
On May 19, 2021 the City Council requested a future agenda item to discuss best practices related to industrial warehouse and distribution centers.
On July 7, 2021 the City Council discussed industrial development and directed staff to prepare draft ‘good neighbor’ policies, and analyze the need to update the General Plan and/or Development Code.
On December 9, 2021 the City Council held a special workshop to discuss the draft ‘good neighbor’ policies and industrial development across the City. The City Council directed staff to hold a meeting with interested stakeholders to refine the ‘good neighbor’ policies, revisit building square footage limit recommendations, revise land use tables in the Development Code to be consistent with the General Plan, and revise boundaries of the Community Core and Southern Gateway subareas. There are no proposed changes to the General Plan as part of this Ordinance.
At the February 9, 2022 Planning Commission meeting, the Planning Commission voted 4 to 1 to adopt Resolution No. PC22-557, forwarding a recommendation to the City Council finding Change of Zone No. PLN21-0408 exempt from further environmental review and approving an amendment to Title 9 (Planning & Zoning) of the City of Menifee Municipal Code pertaining to Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
Ordinance Approving Change of Zone No. PLN21-0408
March 2, 2022
8 7
2 permitted uses in the Economic Development Corridor McCall Boulevard and Southern Gateway subareas, as well as adding or amending definitions.
Public Notice
The proposed Project was noticed on February 18, 2022, for the March 2, 2022, City Council hearing. The public notices were published within The Press Enterprise.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
There is no additional fiscal impact resulting from the adoption of the proposed Ordinance.
ATTACHMENTS
1. Ordinance for Change of Zone PLN21-0408
2. Change of Zone Ordinance Exhibit A (Permitted Uses)
3. Change of Zone Ordinance Exhibit B (Definitions)
4. Planning Commission Staff Report
5. Planning Commission Resolution No. PC22-557
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
4 4
6 2
0 ORDINANCE NO. 2022-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, FINDING THAT PROPOSED CHANGE OF ZONE (CZ) NO. PLN 21-0408 IS EXEMPT
FROM ENVIRONMENTAL REVIEW AND ADOPTING PROPOSED CHANGE OF ZONE (CZ) NO. PLN 21-0408 TO AMEND THE MENIFEE MUNICIPAL CODE BY REVISING TABLE 9.140.030-1 (ECONOMIC DEVELOPMENT CORRIDORS
ZONES) AND AMENDING THE DEFINITIONS OF MANUFACTURING,
WAREHOUSING, LOGISTICS/DISTRIBUTION, FULFILLMENT CENTERS, AND RESEARCH AND DEVELOPMENT.
WHEREAS, on December 13, 2021, the City of Menifee created an application for Change of Zone (CZ) No. PLAN 21-0408 to change the Permitted Use Table 9.140.030-1 (Economic Development Corridors Zones) to prohibit General Warehousing in the McCall Boulevard and Southern Gateway subdistricts and amend the definitions to the code for the following uses:
Manufacturing, Warehousing, Logistics/Distribution, and Fulfillment Centers; and, WHEREAS, on January 4, 2022, the Riverside County Airport Land Use Commission (ALUC) found Change of Zone (CZ) No. PLAN 21-0408 consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan; and, WHEREAS, on January 26, 2022, the proposed amendments to the development code were on the Planning Commission agenda. Due to a technical error with the zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the proposed development code amendment; and, WHEREAS, on February 9, 2022, the Planning Commission held a duly noticed public hearing on the modification, considered all public testimony as well as all materials in the staff report and accompanying documents for Change of Zone (CZ) No. PLAN 21-0408, which hearing was publicly noticed by a publication in the newspaper of general circulation, and an agenda posting; and,
WHEREAS, at the February 9, 2022 Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission adopted Resolution PC22-557 recommending that the City Council find the Ordinance exempt from environmental review under the California Environmental Quality Act and adopt the Ordinance; and WHEREAS, on March 2, 2022, the City Council held a duly noticed public hearing concerning the Ordinance, introduced and conducted a first reading of the Ordinance, and considered testimony and evidence at the Public Hearing held with respect thereto; and WHEREAS, on March 16, 2022, the City Council conducted a second reading of the Ordinance; and
WHEREAS, the City Council has considered the requirements of CEQA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 3
Menifee Mayor and City Council March 2, 2022
4 4
6 2
0 SECTION 1. That the City Council find, for the reasons detailed upon that Notice of Exemption, that the Ordinance is exempt from further environmental review and authorize staff to sign and forward the Notice of Exemption.
SECTION 2. The City Council hereby finds that the Ordinance is consistent with the City’s General Plan, including the following Goals and Policies of the City’s General Plan:
Policy LU-1.4: Preserve, protect, and enhance established rural, estate, and residential neighborhoods by providing sensitive and well-designed transitions (building design, landscape, etc.) between these neighborhoods and adjoining areas.
Policy LU-1.10: Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, and similar uses.
SECTION 3. The City Council of the City of Menifee finds that the Ordinance is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code.
SECTION 4. The City Council of the City of Menifee hereby amends Chapter 9.140 “Economic Development Corridors” as shown on Exhibit 1 and amends Chapter 9.300 “Universal Definitions” as shown on Exhibit 2.
SECTION 5. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City of Menifee.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption.
SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 4
Menifee Mayor and City Council March 2, 2022
4 4
6 2
0 APPROVED AND ADOPTED THIS 2nd DAY OF MARCH, 2022.
______________________________
Bill Zimmerman, Mayor
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
Attest:
______________________________
Stephanie Roseen, Acting City Clerk
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
Exhibit A
4 4
6 2
1 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use EDC-
NG
EDC-
MB
EDC-
CC
EDC-
NR
EDC-
SG
Additional
Requirements
Laboratories, research and
development P P P P P
Research and development
(except noxious, explosives,
or dangerous materials)
P -- P -- P
General warehousing,
distribution centers, and
storage (except noxious,
explosives, or dangerous
materials)
P C -- -- P
Warehouse
(except noxious, explosives, or
dangerous materials)
Fulfillment Center P -- -- -- --
Warehousing, logistics and
distribution facility
P -- -- -- --
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 6
Menifee Mayor and City Council March 2, 2022
4 4
6 2
2 Exhibit B
Definitions
Manufacturing. To assemble, fabricate, compound, process, treat or remanufacture. means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental processing of extracted or raw materials. They are characterized by having grade level bay doors with a ratio of approximately 1:15,000 -20,000 square feet.
Handcraft Manufacturing. On-site production, within an enclosed structure, of goods by hand manufacturing that involves the use of hand-tools and small-scale, light mechanical equipment (e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels; welding) and that has no negative external impacts on surrounding properties. Handcraft manufacturing also includes the incidental direct sale to consumers of those goods produced on-site. Handcraft manufacturing does not include specialized retail uses (see Retail, Specialized).
Light-Intensity Manufacturing. The manufacturing, assembling, processing, storage or packaging of products, including:
1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses.
2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth plastic, paper, leather, and precious or semi-precious metals or stones.
3. The manufacturing of pharmaceutical products.
Light-intensity manufacturing does not include such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses, uses involving the manufacturing, processing, storage or packaging of petroleum, and heavy agricultural products or other hazardous materials, or vehicle- dismantling yards, scrap and waste yards.
Medium-Intensity Manufacturing. Any manufacturing, storage, and distribution that does not include hazardous wastes or result in large truck usage/parking on the site.
Heavy-Intensity Manufacturing. The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials.
Research and Development. Facilities for scientific research, and design. Development and testing of computer software, and electronic, magnetic, optical and mechanical components in advance of product Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 7
Menifee Mayor and City Council March 2, 2022
4 4
6 2
2 manufacturing, that are not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development.
Warehouse. A building used primarily for the storage of goods and materials.
Fulfillment Center. Is facility whereby a building is primarily used to receive, process, and fulfill numerous customer orders associated with electronic commerce ("e-commerce" retailers) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees.
Warehousing, logistics and distribution facility means warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally having a land coverage ratio of approximately 45 to 60 percent, and a dock-high loading door ratio of approximately 1:5,000—8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:
• Freight yards/forwarding terminals
• Warehousing distribution/high cube distribution centers • Moving agencies
• Parcel delivery terminals
• Railroad freight stations
• Shipping/receiving yards
• Truck terminals
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 8
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Amendment to Title 9 of the Menifee Municipal Code MEETING DATE: February 9, 2022
TO: Planning Commission
PREPARED BY: Orlando Hernandez, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Cheryl Kitzerow, Community Development Director APPLICANT: City of Menifee
--------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a Resolution forwarding a recommendation to the City Council that they find Change of Zone No. PLN 21-408 exempt from further environmental review and approve an amendment to the City of Menifee Municipal Code pertaining to General Warehousing in the Economic Development Corridor – McCall Subarea and Southern Gateway Subarea, as well as adding definitions.
PROJECT DESCRIPTION
1. Change the Permitted Use Table 9.140.030-1 (Economic Development Corridors Zones) to prohibit General Warehousing in the McCall Boulevard and Southern Gateway subareas.
2. Add and/or amend definitions to the code for the following uses: Manufacturing, Warehousing, Logistics/Distribution, Fulfillment Centers, and Research and Development.
DISCUSSION
On December 9, 2021, staff presented a discussion item to the City Council regarding Industrial Good Neighbor Policies and the possibility of amending the Economic Development Corridor McCall Boulevard (EDC-MB) and Southern Gateway (EDC-SG) as it relates to industrial/general warehousing development. As a result of that meeting, staff is recommending changes to Title 9 (Planning and Zoning) of the City’s Municipal Code.
On January 26, 2022, the proposed amendments to the development code were on the Planning Commission agenda. Due to a technical error with the zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 9
Menifee Mayor and City Council March 2, 2022
City of Menifee Planning Commission
Amendment to Title 9 of the Menifee Municipal Code
February 9, 2022
8 7
6 to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the proposed development code amendment.
Industrial/warehousing development has evolved over the last few years with different operational characteristics. Due to these changes, new definitions are needed to be in line with the evolving industry. Staff is proposing the following changes to existing definitions as well as adding new definitions: (Parts in red are either amending or adding new definitions) Manufacturing To assemble, fabricate, compound, process, treat or remanufacture. means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental processing of extracted or raw materials. They are characterized by having bay doors with a ratio of approximately 1:15,000 -20,000 square feet. (Excludes noxious, explosive or dangerous materials.)
Handcraft Manufacturing. On-site production, within an enclosed structure, of goods by hand manufacturing that involves the use of hand-tools and small-scale, light mechanical equipment (e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels; welding) and that has no negative external impacts on surrounding properties. Handcraft manufacturing also includes the incidental direct sale to consumers of those goods produced on-site. Handcraft manufacturing does not include specialized retail uses (see Retail, Specialized).
Light-Intensity Manufacturing. The manufacturing, assembling, processing, storage or packaging of products, including:
1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses.
2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth plastic, paper, leather, and precious or semi-precious metals or stones.
3. The manufacturing of pharmaceutical products.
Light-intensity manufacturing does not include such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses, uses involving the manufacturing, processing, storage or packaging of petroleum, and heavy agricultural products or other hazardous materials, or vehicle-dismantling yards, scrap and waste yards.
Medium-Intensity Manufacturing. Any manufacturing, storage, and distribution that does not include hazardous wastes or result in large truck usage/parking on the site.
Heavy-Intensity Manufacturing. The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials.
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 10
Menifee Mayor and City Council March 2, 2022
City of Menifee Planning Commission
Amendment to Title 9 of the Menifee Municipal Code
February 9, 2022
8 7
6 Research and Development. Facilities for scientific research, design and development.
Development and testing of computer software and electronic, magnetic, optical and mechanical components in advance of product manufacturing that are generally not associated with a warehouse facility on the same site. Also includes chemical and biotechnology research and development.
Warehouse. A building used primarily for the storage of goods and materials.
Fulfillment Center means a facility whereby a building is primarily used to receive, process, and fulfill numerous customer orders associated with electronic commerce ("e- commerce" retailers) or similar high capacity and high frequency orders and deliveries.
The use includes the indoor storage of goods, products, and similar items and is typically characterized by high intensity and high frequency of truck traffic and may include multiple shifts of employees. (Excludes noxious, explosive or dangerous materials).
Warehousing, logistics and distribution facility means warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials, but excludes bulk storage of materials that are flammable, explosive, or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers generally have a dock-high loading door ratio of approximately 1:5,000—8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment. (Excludes noxious, explosive or dangerous materials.) Additionally, Table 9.140.030-1 (Economic Development Corridor Zones Allowed Uses) currently identifies general warehousing and distribution centers as a conditionally permitted use in the EDC-MB and a permitted use in the EDC-SG (see table below).
The proposed amendment will exclude general warehousing and distribution centers as a primary use in both EDC-MB and EDC-SG. McCall Blvd subarea will still allow for various uses such as office, medical, and light manufacturing uses while Southern Gateway subarea will still allow various uses such as light industrial, office, manufacturing, research & development, and commercial uses. Building size restrictions are not being proposed (see proposed use table below).
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 11
Menifee Mayor and City Council March 2, 2022
City of Menifee Planning Commission
Amendment to Title 9 of the Menifee Municipal Code
February 9, 2022
8 7
6 ENVIRONMENTAL DETERMINATION
The City has considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts the proposed Code Amendment may have upon the environment. The adoption of the proposed amendment does not fall within the definition of a “project” under CEQA because it, as a narrative change to the Municipal Code, does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)). In addition, the adoption of the proposed amendment is exempt from CEQA because there is no possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 15061) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.
ATTACHMENTS
1. Planning Commission Resolution with Exhibit A
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 12
Menifee Mayor and City Council March 2, 2022
RESOLUTION NO. PC 22-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL FIND THAT PROPOSED CHANGE OF ZONE (CZ) NO. PLN
21-0408 IS EXEMPT FROM ENVIRONMENTAL REVIEW AND THAT
THE CITY COUNCI L ADOPT PROPOSED CHANGE OF ZONE (CZ)
NO. PLN 21 -0408 TO AMEND THE MENIFEE MUNICIPAL CODE BY REVISING TABLE 9.140.030 -1 (ECONOMIC DEVELOPMENT
CORRIDORS ZONES) AND AMENDING THE DEFINITIONS OF
MANUFACTURING, WAREHOUSING, LOGISTICS/DISTRIBUTION,
FULFILLMENT CENTERS, AND RESEARCH AND DEVELOPMENT.
WHEREAS, on December 13, 2021 , the City of Menifee created an application for Change of Zone (CZ) No. PLAN 21 -0408 to change the Permitted Use Table
9.140.030-1 (Economic Development Corridors Zones) to prohibit Genera l Warehousing in the McCall Boulevard and Southern Gateway subdistricts and amend the definitions to the code for the following uses: Manufacturing, Warehousing, Logistics/Distribution, and Fulfillment Centers; and,
WHEREAS, on January 4, 2022 , the River side County Airport Land Use Commission (ALUC) found Change of Zone (CZ) No. PLAN 21 -0408 consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan; and,
WHEREAS, on January 26, 2022, the proposed amendments to the development code were on the Planning Commission agenda . Due to a technical error with the zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the p roposed development code amendment; and,
WHEREAS, on February 9, 2022, the Planning Commission held a dul y noticed public hearing on t he modification, cons idered all public testimony as well as all materials in the staff report and accompanying documents for Change of Zone (CZ) No.
PLAN 21-0408, which hearing was publicly noticed by a publi cation in the newspaper of general circulation, and an agenda posting; and,
WHEREAS, the Planning Commission considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts th at proposed Change of Zone (CZ) No. PLAN 21-0408 may have upon the environment; and,
WHEREAS, the Planning Commission considered , among othe rs, Goals and Policies of the City’s adopted General Plan, as outlined in the findings below.
NOW, THEREFORE, the Planning Commission of the City of Menifee makes the following findings pursuant to section 9.115.070 Findings for Approval:
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 13
Menifee Mayor and City Council March 2, 2022
Change of Zone (CZ) No. PLAN 21-0408
February 9, 2022
Section 1: The proposed zone or ame ndments to this Title is consistent with the intent of the goals and policies of the General Plan.
Consistency with General Plan
The proposed modifications to the Zoning and Development Code set to modify the permissible uses i n an established zone as we ll as make modifications to the definitions of the Zoning and Development Code. The proposed modification is not a project and will not construct any structure nor propose any developm ent. The pro posed changes will remain consistent with the General Plan.
In addition, the modification is consistent with the following City of Menifee General Plan policy:
• LU-1.10: Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, inclu ding freeways, manufacturing, hazardous materials storage, and similar uses.
The location of the proposed modifications is surrounded by a variety of commercial, res idential, and public land uses. The proposed modifications to the Z oning and D evelopment Code will help buffer these uses from any fu ture potential impacts to existing and future land uses.
Section 2: The proposed zone or amendments to this Title (the Zoning and Development Code) prescribes reasonable controls and standards to ensure compatibility with other established uses.
The pro posed modification s to the Zoning and Development Code will help provide more cohesive design standards for the existing bu ilt environment. These standards will ensure that there will be a smooth and buffered tra nsition between existing and future land u ses. The new development st andards will continue to promote the strategic and controlled growth.
Section 3: The proposed zone or amendments to this Title provides reasonable property development rights while prot ecting environmentally sensitive land uses and species.
The Change of Zone will make minor modifications to the existing Zoning and Development Code. The reasonable property development rights of landowners will not be impacted. The proposed changes seek to preserve the character of the city while creating a framework for thoughtful and compatible growth.
Section 4: The proposed zone or amendments to this Title ensures protection of the general health, safety and welfare of the community.
Item Title: 11.1
Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment Item Page Number: 14
Menifee Mayor and City Council March 2, 2022
Change of Zone (CZ) No. PLAN 21-0408
February 9, 2022
The Change of Zone will not result in con ditions detrimental to the public health, safety, or general welfare as designed and conditioned. The proposed approval is not a project and will not construct a development.
The Change of Zone has been reviewed by a variety o f Departments to ensure compliance with applicable regulations.
Therefore, the modification would not create conditions materially detrimental to the public health, safety and g eneral welfare or injurious to or incompatible with other properties or land uses in the impacted vicinity.
Section 5: Compliance with California Environmental Qual ity Act (CEQA).
Processing and approval of the tentative tract map application are in compliance with the requirements of CEQA.
That the City Council find that proposed Change of Zone (CZ) No. PLAN 21-0408 is exempt from CEQA. The adoption of the propose d amendment does not fall within the definition of a “project” under CEQA because it, as a narrative change to the Municipal Code, does not have the potential for result ing in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)). In addition, the adoption of the proposed amendment is exempt from CEQA because there is no possibility that the proposed ordinance, as a textu al change to the Municipal Code , may have a significant impact on the physica l environment (CEQA Guidelines 15061) and be cause, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment. Therefore, proposed Change of Zone (CZ) No. PLAN 21 -0408 is exempt from further e nvironmental review and staff should be auth orized to sign and forward a Notice of Exemption.
Section 6: Notice of Adoption. The City Clerk of the City of Menifee shall certify to the adoption of this Resolution.
Section 7: Effective Date. This Resolution shall become effective upon its adoption.
Section 8: Severability. If any provision of this Resolution or the applicat ion thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Resolution are declared to be severable.
NOW, THEREFORE , The Planning Commission of the City of Menifee recommends to the City Council the following:
1. That the City Council determine that the Findings set out above are true and correct.
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Change of Zone (CZ) No. PLAN 21-0408
February 9, 2022
2. That the Cit y Council finds that the facts presented within the public record and within the Planni ng Commission Resolution and Exhibit A provide a basis to approve Change of Zone (CZ) No. PLAN 21-0408.
PASSED, APPROVED AND ADOPTED this the 9th day of February 2022.
_________________________
David White, Chairman
Attest:
___________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
______________________________
Thai Phan, Assistant City Attorney
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Exhibit A; Proposed Land Use Table and Definitions
February 9, 2022
Exhibit A
Proposed Portion of Land Use Table
Proposed Portion of Definitions - Chapter 9.300
Manufacturing. To assemble, fabricate, compound, process, treat or remanufacture. means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental processing of extracted or raw materials. They are cha racterized by having bay doors with a ratio of approximately 1:15,000 -20,000 square feet. (excludes noxious, explosive or dangerous materials)
Handcraft Manufacturing. On-site production, within an enclosed structure, of goods by hand manufacturing that involves the use of hand-tools and small-scale, light mechanical equipment (e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels; welding) and that has no negative external impacts on surrounding properties. Handcraft manufacturing also includes the incidental direct sale to consumers of those goods produced on -site.
Handcraft manufacturing does not include specialized retai l uses (see Retail, Specialized).
Light-Intensity Manufacturing. The manufacturing, assembling, processing, storage or packaging of products, including:
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Exhibit A; Proposed Land Use Table and Definitions
February 9, 2022
1. The manufacturing of electric and electronic circuits and in struments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi -conductors and transistors, and similar uses.
2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth plastic, paper, leather, and precious or semi-precious metals or stones.
3. The manufacturing of pharmaceutical products.
Light-intensity manufacturing does not include such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses, uses involving the manufacturing, processing, storage or packaging of petroleum, and heavy agricultural prod ucts or other hazardous materials, or vehicle-dismantling yards, scrap and waste yards.
Medium-Intensity Manufacturing . Any manufacturing, storage, and distribution that does not include hazardous wastes or result in large truck usage/parking on the site.
Heavy-Intensity Manufacturing . The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials.
Research and Development . Facilities for scientific research, design and de velopment.
Development and testing of computer software, and electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are generally not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development.
Warehouse. A building used primarily for the storage of goods and materials.
Fulfillment Center . Means a facility whereby a building is primarily used to receive, process, and fulfill numerous customer orders associated with electronic commerce ("e - commerce" retailers) or similar high capacity and high frequency orders and deliveries.
The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. (excludes noxious, explosive or dangerous materials) Warehousing, logistics and distribution facility means warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recogniz ed offensive conditions) before their distribution to retail locations or other warehouses.
Warehouse/distribution centers generally have a dock -high loading door ratio of approximately 1:5,000 —8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment . (excludes noxious, explosive or dangerous materials)
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CITY OF MENIFEE
SUBJECT: Multi-Family Objective Design Standards and Development Code Amendment
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1.Adopt a Resolution approving the Multi-Family Objective Design Standards to be incorporated by reference in the Development Code; and
2.Introduce an Ordinance approving Code Amendment No. LR21-0287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multi-family ministerial review application procedure and requirements for ministerial review of multi-family residential to comply with state law (Senate Bill 35).
DISCUSSION
Background
The proposed Multi-Family Residential Objective Design Standards (ODS) and Development Code Amendment are a City initiated effort to develop objective design standards to comply with and implement Senate Bill (SB) 35, which was signed into law by the Governor in September of 2017. SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial process, exempting such projects from environmental review under the California Environmental Quality Act (“CEQA”). This process does not allow public hearings to consider the merits of the project; rather only design review or public oversight of the development is allowed, which must be objective and strictly focused on assessing compliance with criteria required for streamlined projects as well as objective design review of the project.
The preparation of the ODS by the City’s consultant (PlaceWorks) is funded by the Department of Housing and Community Development (HCD) SB2 Planning Grant Program. During the preparation of the draft ODS, the ODS framework and architectural styles were presented to the Item Title: 11.2
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City of Menifee Staff Report
Objective Design Standards
March 2, 2022
8 6
6 City’s Developer Stakeholder Group on April 15, 2021. The Developer Stakeholder Group provided input through an on-line polling tool indicating their preferences on architectural styles to be included in the ODS.
Planning Commission
On September 22, 2021, the Planning Commission conducted a workshop discussion of the Draft ODS and provided their input to City staff.
At the February 9, 2022, Planning Commission meeting, the Planning Commission voted unanimously to adopt Resolution No. PC22-556 recommending the City Council adopt a Resolution approving Multi-Family Objective Design Standards to be incorporated by reference in the Development Code, and adopt an Ordinance approving Code Amendment No. LR21-0287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multi-family ministerial review application procedure and requirements for ministerial review of multi-family residential to comply with state law (Senate Bill 35).
The proposed ODS apply to proposals for new multi-family residential development within the City of Menifee, except those areas located within the boundary of a Specific Plan. Per SB 35, a streamlined ministerial process shall be available for multi-family developments that include units affordable to households making at or below 80% of the Average Median Income level (AMI). For Menifee, a minimum of 10 percent or more of the total number of units must be provided at the above affordability level as per the State’s SB35 Statewide Determination Summary. The percentage requirement is based on percentage of the total number of units for a project prior to calculating any density bonus.
To qualify for a streamlined ministerial review, a project site must be an infill site meeting the “infill” requirements of SB 35 and be zoned for residential or mixed-use development. The applicant must also demonstrate that the site is not within Prime Farmland, farmland of statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement.
The ODS are structured to create an easily understood document using accessible language and imagery to streamline the approval process. A baseline index of quality is established while creativity is encouraged, and deviations are allowed on a case-by-case basis.
The ODS includes objective design standards that supplement the minimum Zoning Code requirements for multi-family residential development. Chapter 4 – Architectural Styles of the ODS identifies six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee. The preferred styles included in the ODS are:
Spanish Colonial Revival
Craftsman
American Traditional
Contemporary Farmhouse
Tuscan
Modern
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City of Menifee Staff Report
Objective Design Standards
March 2, 2022
8 6
6 For each architectural style, specific required architectural elements listed under categories of form and massing, roof design, window design, materials and color, and decorative accents and details. Alternative styles may be considered; however, since a wide range of styles has been provided it is expected that most projects will follow one of the above alternative styles.
The ODS are not intended to replace any of the current requirements of the Development Code and Design Guideline requirements which apply to and will continue to apply to most development in the City. Rather, the ODS will only be applicable for projects that qualify for a streamlined ministerial review under SB35. For example, such projects must be located on an infill site with 10 percent or more of the units affordable to lower income households and be on a site with no environmental constraints such as, but not limited to, high or very high fire hazard severity zones, habitat for protected species, or FEMA designated flood plain or floodway.
This proposal also includes a Development Code Amendment to incorporate the ODS by reference into the Development Code and to establish a new SB35 Multifamily Ministerial Review Permit process for qualified projects under SB35. The proposed Code Amendment adds a new chapter (Chapter 9.87 - SB 35 Multi-Family Ministerial Review), which includes sections on purpose, applicability, application requirements, standards for approval, and other procedural requirements. Other amendments include amending existing Code Chapters 9.160 - General Development Standards, and Chapter 9.30, Table 9.30.090-1: Designated Authority for Permits and Approvals. Although referenced in the Development Code, the ODS will be separate stand- alone requirements from Development Code only applicable to SB35 qualified projects.
Environmental Determination
The project is exempt from CEQA per Section 15061.b.3 “Common Sense Exemption”, as the proposed Code Amendment and Objective Design Standards will establish review procedures and standards that are proposed to implement and facilitate compliance with state law, specifically Senate Bill 35, where the new Objective Design Standards are in addition to existing standards of the City of Menifee Development Code, are related to site design, architecture, architectural styles, and landscaping and do not affect or change any existing zoning, use, density/intensity or height requirements of the Development Code in a way that would cause potential environmental impacts, and therefore, is exempt from CEQA under the Common Sense Exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.
Findings
Findings for approval of the Objective Design Standards and the Code Amendment are included in the attached proposed Ordinance and Resolution.
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City of Menifee Staff Report
Objective Design Standards
March 2, 2022
8 6
6 Public Notice
The proposed Project was noticed on February 18, 2022, for the March 2, 2022, City Council hearing. The public notices were published within The Press Enterprise. Notices were also mailed to anyone requesting a notice.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
There is no additional fiscal impact resulting from the adoption of the proposed Resolution and Ordinance.
ATTACHMENTS
1. Ordinance – Code Amendment LR21-0287
2. Exhibit A of Ordinance
3. Resolution – Objective Design Standards
4. Exhibit A of Resolution
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ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CODE AMENDMENT LR21-0287, AMENDING THE DEVELOPMENT CODE (TITLE 9 OF THE MENIFEE MUNICIPAL CODE) TO COMPLY WITH STATE LAW (SENATE BILL 35) BY ESTABLISHING A
MULTI-FAMILY MINISTERIAL REVIEW APPLICATION PROCEDURE AND
REQUIREMENTS FOR MULTI-FAMILY MINISTERIAL REVIEW
WHEREAS, the proposed Code Amendment and Multi-Family Objective Design Standards (ODS) are a City initiated effort to develop objective design standards to comply with and implement Senate Bill (SB) 35, which was signed into law by the Governor in September of 2017; and
WHEREAS, SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial process and may only apply objective standards to such projects, exempting such projects from environmental review under the California Environmental Quality Act (“CEQA”); and
WHEREAS, a streamlined ministerial process shall be available for multi-family developments that include units affordable to households; and WHEREAS, based on the state’s most recent “SB 35 Statewide Determination Summary”, the City of Menifee must provide the streamlined ministerial process to projects with 10 percent or more of the total number of units of the project affordable to households making at or below 80% of the Average Median Income level (AMI); and WHEREAS, to qualify for a streamlined ministerial review, a project site must be an infill site meeting the “infill” requirements of SB 35 and be zoned for residential or mixed-use development; and
WHEREAS, applicants must also demonstrate that a project site is not within Prime Farmland, or farmland of statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement; and
WHEREAS, the preparation of the ODS by the City’s consultant (PlaceWorks) is funded by the Department of Housing and Community Development (HCD) SB2 Planning Grant Program; and
WHEREAS, the proposed ODS would apply to proposals for new multifamily development within the City of Menifee, except those areas located within the boundary of a Specific Plan; and
WHEREAS; the ODS includes objective design standards that supplement the minimum Zoning Code requirements for multi-family residential development, and which include six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee; and WHEREAS, for each architectural style, specific required architectural elements listed Item Title: 11.2
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under categories of form and massing, roof design, window design, materials and color, and decorative accents and details; and
WHEREAS; this proposal also includes an amendment to the Development Code (Title 9 of the Menifee Municipal Code) to establish a new SB 35 Multi-family Ministerial Review Permit process for qualified projects under SB 35; and
WHEREAS; the proposed Code Amendment adds a new chapter (Chapter 9.87 - SB 35 Multi-Family Ministerial Review), and amends existing Code Chapters 9.160 - General Development Standards, and Chapter 9.30, Table 9.30.090-1: Designated Authority for Permits and Approvals to establish procedural requirements for SB35 applications; and WHEREAS; the proposed Code Amendment incorporates the Multifamily Objective Design Standards by reference into the Development Code; and WHEREAS, on April 15, 2021, a draft ODS framework and architectural styles were presented to the City’s Developer Stakeholder Group, from which the group provided input and participated in an on-line polling tool indicating their preferences on architectural styles to be included in the ODS; and
WHEREAS, on September 22, 2021, the Planning Commission conducted a workshop discussion of the Draft ODS and provided their input to City staff; and WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Draft ODS and Code Amendment No. LR21-0287, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, unanimously adopted Resolution No. PC 22-556 recommending that the City Council approve Code Amendment No. LR21-0287 and the Multi-Family Objective Design Standards; and WHEREAS, on March 2, 2022, the City of Menifee City Council, held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and the Multi-Family Objective Design Standards, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:
Section 1. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards are consistent with the intent of the goals and policies of the General Plan.
The proposed Development Code Amendment and associated Multi-Family Objective Design Standards are consistent with the intent of the goals and policies of the General Plan because the Development Code Amendment establishes procedures to establish a new SB 35 Multifamily Ministerial Review Permit process for qualified projects under SB 35 and facilitates Item Title: 11.2
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compliance with SB 35. The Development Code Amendment incorporates by reference, the proposed Multi-Family Residential Objective Design Standards, which are derived from and reflect design policies of the Community Design Element of the General Plan.
Section 2. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards prescribe reasonable controls and standards to ensure compatibility with other established uses.
The proposed Development Code Amendment and associated Multi-Family Objective Design Standards prescribes reasonable controls and standards to ensure compatibility with other established uses, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi- family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.
Section 3. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards provide reasonable property development rights while protecting environmentally sensitive land uses and species.
The proposed Development Code Amendment and associated Multi-Family Objective Design Standards provide reasonable property development rights while protecting environmentally sensitive land uses and species, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.
Section 4. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards ensure the protection of the general health, safety, and welfare of the community.
The proposed Development Code Amendment and associated Multi-Family Objective Design Standards ensure the protection of the general health safety and welfare of the community as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies Item Title: 11.2
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of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.
Section 5:Compliance with CEQA. The proposed Development Code Amendment and associated Multi-Family Residential Objective Design Standards are in compliance with the requirements of the California Environmental Quality Act.
The proposed Development Code Amendment and associated Multi-Family Objective Design Standards comply with the requirements of the California Environmental Quality Act (CEQA), because the project is exempt from CEQA per Section 15061.b.3 “Common Sense Exemption” as the proposed Code Amendment and Objective Design Standards will establish review procedures and standards that are proposed to implement and facilitate compliance with state law, (i.e., SB 35), where the new Objective Design Standards are in addition to existing standards of the City of Menifee Development Code, are related to site design, architecture, architectural styles, and landscaping and do not affect or change any existing zoning, use, density/intensity or height requirements of the Development Code in a way that would cause potential environmental impacts, and therefore, is exempt from CEQA under the Common Sense Exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.
Section 6. That the City Council finds the facts presented within the public record and within this City Council Ordinance provide the basis to approve Code Amendment No. LR21- 0281, as shown in the proposed Code Amendment attached as Exhibit “A” to this Ordinance, and that the City Council approve Code Amendment No. LR21-0281.
Section 7. Severability. lf any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 8. Effective Date And Postinq. This ordinance shall take effect 30 days from the date of its adoption. The City Clerk shall certify to the passage of this ordinance and cause the same to be posted as required by law.
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This Ordinance was introduced for first reading on March 2, 2022 and PASSED, APPROVED, AND ADOPTED this ___ day of ______, 2022.
Bill Zimmerman, Mayor
Approved as to form:
Jeffrey T. Melching, City Attorney
Attest:
Sarah A. Manwaring, City Clerk
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Chapter 9.87 – SB35 Multi-Family Ministerial Review
Contents:
• 9.87.010 Purpose
• 9.87.020 Applicability
• 9.87.030 Application and Required Fees
• 9.87.040 Approving Authority
• 9. 87.050 Public Hearing and Notice
• 9. 87.060 Standards of Approval
• 9. 87.070 Findings for Approval
• 9. 87.080 Notice of Decision
• 9. 87.090 Effective Date
• 9. 87.100 Appeals
• 9. 87.110 Expiration
• 9. 87.120 Extension of Time
• 9. 87.130 Modifications
9.87.010 Purpose
This chapter establishes procedures for the review and approval of a Senate Bill 35 (SB35) Multi-Family Ministerial Review Permit for multi-family residential projects that provide a minimum number of lower income housing units toward meeting the City’s housing goals and housing needs of the community and which qualify for a streamlined ministerial review under SB35, in compliance with Government Code Section 65913.4.
9.87.020 Applicability
An SB35 Multi-Family Ministerial Review Permit applies to multi-family residential development on infill sites that provide a r equired number of units affordable to lower income households (i.e. , households with incomes below 80% of the area median income (AMI)). To qualify, the project must meet the following criteria:
A. The development must be multifamily housing as defined in Section 102(o) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines.
B. The units can be offered for rental or for-sale.
C. At least two -thirds of the square footage of the development shall be designated for residential use.
D. The development must be consistent with the City’s adopted Objective Design Standards in effect at the time of submittal and incorporated herein by reference.
Proposed Code Amendment No. LR21-0287
Add new Chapter 9.87- SB35 Multi-Family Ministerial Review Item Title: 11.2
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E. The site of the development must comply with all of the requirements of Section 401 , Site Requirements of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.
F. A minimum of 10% or 50% (percentage based on HCD’s most current SB35 Statew ide Determination Summary for the City of Menifee ), of the total units in the development, calculated prior to any density increase, must be affordable to lower income households (80% Area Median Income or lower) in accordance with Section 402 , Affordability Provisions of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.
G. The development must comply with all of the labor provisions of Section 403, Labor Provisions of the SB35 Guidelines.
Nothing in this Chapter 9.8 7 shall be deemed to supersede any provisions of Government Code Section 65913.4, any SB 35 Guidelines established by HCD, or any other applicate State law provisions as they may be amended.
9.87.030 Application and Required Fees
A. Notice of Intent to Submit. Before submitting an application for a streamlined, ministerial approval process, the development proponent shall submit a notice of its intent to submit an application, to the City of Menifee Community Development Department. The notice of intent shall be in the form of a preliminary application that includes all of the information described the City’s SB35 Eligibility Checklist and Notice of Intent to Submit Preliminary Application Form.
B. AB 168 Tribal Consultation. Within 30 days of receiving a notice of intent to submit an application, the City will provide formal notice to each California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed development and engage in a scoping consultation regarding potential effects the proposed development could have on a potential tribal cultural resource . A proposed project would be ineligible for the streamlined, ministeria l approval process, and subject to the California Environmental Quality Act (CEQA) if:
1. the site of the proposed development is a tribal cultural resource that is on a national, state, tribal, or local historic register list;
2. the City and the California Native American tribe do not agree that no potential tribal cultural resource would be affected by the proposed development; or
3. the City and California Native American tribe find that a potential tribal cultural resource could be affected by the proposed development and the parties do not document an enforceable agreement regarding the Item Title: 11.2
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methods, measures, and conditions for treatment of those tribal cultural resources, as provided.
C. Application Filing and Processing. Applications for an SB35 Multi-Family Ministerial Review Permit shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).
D. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
9.87.040 Approving Authority
Applications for an SB35 Multi -Family Ministerial Review shall be reviewed an d approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an SB-35 Multi-Family Ministerial Review Permit.
9.87.050 Public Hearing and Notice
No public hearing is required prior to action on an application for an SB35 Multi-Family Ministerial Review Permit.
9.87.060 Standards of Approval
An application for an SB35 Multi-Family Ministerial Review shall be considered and approved ministerially, without discretionary review or a hearing. The approving authority shall determine consistency or inconsistency with the City’s adopted Objective Design Standards and act on the application within the following timeframes from the date the City receives a completed application:
A. Within 60 calendar days of submittal of the a pplication if the development contains 150 or fewer housing units.
B. Within 90 calendar days of submittal of the application if the development contains more than 150 housing units.
C. Documentation of inconsistency(ies) with objective standards mus t be provided to the development proponent within th e timeframes indicated above as applicable . If such documentation is not provided within these timeframes, the development shall be deemed to satisfy the objective planning standards for purposes of the Streamlined Approval Process.
9.87.070 Findings for Approval
Prior to approving an application for an SB35 Multi-Family Ministerial Review , the approving authority shall make all the following findings:
A. The project is consistent with the adopted General Plan.
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B. The project meets all applicable standards of the Development Code and adopted Objective Design Standards incorporated by reference.
9.87.080 Notice of Decision
Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:
A. The application request as acted upon by the Director.
B. The action taken by the Director.
C. Findings as listed for the permit.
9.87.090 Effective Date
An SB35 Multi-Family Ministerial Review Permit shall become effective on the date an approval is issued by the approving authority.
9.87.100 Appeals
An SB35 Multi-Family Ministerial Review Permit is not subject to appeal since it is ministerial.
9.87.110 Expiration
As established in Section 301(d) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines (SB35 Guidelines) , expiration timeframes for an approved SB35 Multi-Family Residential Permit are as follows:
A. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.
B. If the project does not include public investment in housing affordability (including local, state, or federal government assistance), beyond tax credits and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided that vertical construction of the development has begun and is in progress. “In progress” means one of the following:
1. The construction has begun and has not ceased for more than 180 days.
2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
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C. The development may receive a one -time, one -year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
9. 87.120 Extension of Time
An SB35 Multi -Family Ministerial Review Permit may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).
9. 87.130 Modifications
Modifications to an approved SB35 Multi-Family Residential Permit shall be processed as a new application.
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Chapter 9.160 General Development Standards
Contents:
• 9.160.010 Purpose
• 9.160.020 Applicability
• 9.160.030 Setback Requirements and Exceptions
• 9.160.040 Building Height Measurements and Exceptions • 9.160.050 Access
• 9.160.060 Intersection Sight Distance
9.160.010 Purpose
The purpose of this chapter is to provide general development standards in order to ensure that future development is well designed, has a desira ble character, and is integrated with existing and future development.
9.160.020 Applicability
The standards of this chapter apply to more than one zoning district (residential, commercial, etc.). To eliminate redundancies, these standards have been combined in this chapter. These standards shall be considered in combination with any additional standards outlined in the individual zones included in Article III ( Zones). Where there may be a conflict, the standards specific to the zoning district standard shall override the general standards in this chapter. In addition to the standards of this chapter, the City of Menifee Design Guidelines and Objective Design Standards for SB 35 qualified multi-family residential projects are incorporated by reference.
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Chapter 9.30 Common Application Processing Procedures
Contents:
• 9.30.010 Purpose and Applicability
• 9.30.020 Applications and Fees
• 9.30.030 Pre-Application Review
• 9.30.040 Initiation of Application
• 9.30.050 Withdrawal of Application
• 9.30.060 Determination of Completeness
• 9.30.070 Application Review and Report
• 9.30.080 Public Hearing and Notice
• 9.30.090 Approving Authority
• 9.30.100 Appeals
• 9.30.110 Permit Time Limits, Expiration, and Extensions • 9.30.120 Modifications to Previously Approved Permits • 9.30.130 Reapplications
• 9.30.140 Indemnification and Hold Harmless for Permits and Approvals
9.30.090 Approving Authority
A. Recommending Authority . The recommending authority as designated in Table 9.30.090 -1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.
B. Approving Authority. The approving authority as designated in Table 9.30.090 -1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Director and his/her designee will make non -discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals).
Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Accessory Dwelling Unit Permit (9.35) Ministerial A
Conditional Use Permit, Minor (9.40) Discretionary A
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Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Conditional Use Permit, Major (9.40) Discretionary R A
Development Agreement (9.45) Legislative R R A
Finding of Public Convenience and Necessity (9.250) Discretionary R A General Plan Amendment (9.50) Legislative R R A
Home Occupation Permit (9.55) Ministerial A
Home-Based Business (9.55) Discretionary A
Large Family Daycare Permit (9.60) Ministerial A
Master Sign Program, Minor (9.65) Ministerial A
Master Sign Program, Major (9.65) Discretionary R A
Minor Exception (9.70) Discretionary A
Official Code Interpretation (9.10) Discretionary A
Planned Development Overlay (9.115) Legislative R R A
Planned Development (9.75) Discretionary R A
Plot Plan, Minor (9.80) Ministerial A
Plot Plan, Major (9.80) Discretionary R A
Reasonable Accommodation (9.85) Discretionary A
SB35 Multi-Family Ministerial Review Permit Ministerial A Sign Permit (9.90) Ministerial A
Similar Use Determination (9.95) Discretionary A
Specific Plan (9.100) Legislative R R A
Substantial Conformance Determination (9.25) Discretionary A Temporary Use Permit, Minor (9.105) Discretionary A
Temporary Use Permit, Major (9.105) Discretionary A
Variance (9.110) Discretionary R A
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Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Zone Change/Zoning Code Amendment (9.115) Legislative R R A 1 A = Approving Authority; R = Recommending Authority
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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 18
Menifee Mayor and City Council March 2, 2022
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1 RESOLUTION NO. 22- ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA APPROVING MULTI-FAMILY OBJECTIVE DESIGN
STANDARDS FOR COMPLIANCE WITH STATE LAW (SENATE BILL 35) AND
TO BE INCORPORATED BY REFERENCE IN THE DEVELOPMENT CODE (TITLE 9 Of THE MENIFEE MUNICIPAL CODE)
WHEREAS, the proposed Multi-Family Objective Design Standards (ODS) and associated Code Amendment are a City initiated effort to develop objective design standards to comply with and implement Senate Bill (SB) 35, which was signed into law by the Governor in September of 2017; and
WHEREAS, SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial process and may only apply objective standards to such projects, exempting such projects from environmental review under the California Environmental Quality Act (“CEQA”); and
WHEREAS, a streamlined ministerial process shall be available for multi-family developments that include units affordable to households; and WHEREAS, based on the state’s most recent “SB 35 Statewide Determination Summary”, the City of Menifee must provide the streamlined ministerial process to projects with 10 percent or more of the total number of units of the project affordable to households making at or below 80% of the Average Median Income level (AMI); and
WHEREAS, to qualify for a streamlined ministerial review, a project site must be an infill site meeting the “infill” requirements of SB 35 and be zoned for residential or mixed-use development; and
WHEREAS, applicants must also demonstrate that a project site is not within Prime Farmland, or farmland of statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement; and
WHEREAS, the preparation of the ODS by the City’s consultant (PlaceWorks) is funded by the Department of Housing and Community Development (HCD) SB2 Planning Grant Program; and
WHEREAS, the proposed ODS would apply to proposals for new multifamily development within the City of Menifee, except those areas located within the boundary of a Specific Plan; and WHEREAS; the ODS includes objective design standards that supplement the minimum Zoning Code requirements for multi-family residential development, and which include six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee; and WHEREAS, for each architectural style, specific required architectural elements listed under categories of form and massing, roof design, window design, materials and color, and decorative accents and details; and
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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 19
Menifee Mayor and City Council March 2, 2022
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1 WHEREAS; this proposal also includes an amendment to the Development Code (Title 9 of the Menifee Municipal Code) to establish a new SB 35 Multi-family Ministerial Review Permit process for qualified projects under SB 35; and
WHEREAS; the proposed Code Amendment adds a new chapter (Chapter 9.87 - SB 35 Multi-Family Ministerial Review), and amends existing Code Chapters 9.160 - General Development Standards, and Chapter 9.30, Table 9.30.090-1: Designated Authority for Permits and Approvals to establish procedural requirements for SB35 applications; and WHEREAS; the proposed Code Amendment incorporates the Multifamily Objective Design Standards by reference into the Development Code; and WHEREAS, on April 15, 2021, a draft ODS framework and architectural styles were presented to the City’s Developer Stakeholder Group, from which the group provided input and participated in an on-line polling tool indicating their preferences on architectural styles to be included in the ODS; and
WHEREAS, on September 22, 2021, the Planning Commission conducted a workshop discussion of the Draft ODS and provided their input to City staff; and WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Draft ODS and Code Amendment No. LR21-0287, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, unanimously adopted Resolution No. PC 22-556 recommending that the City Council approve Code Amendment No. LR21-0287 and the Multi-Family Objective Design Standards; and WHEREAS, on March 2, 2022, the City of Menifee City Council, held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and the Multi-Family Objective Design Standards, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee makes the following findings:
Section 1. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment are consistent with the intent of the goals and policies of the General Plan.
The proposed Multi-Family Objective Design Standards and associated Development Code Amendment are consistent with the intent of the goals and policies of the General Plan because the Development Code Amendment establishes procedures to establish a new SB 35 Multifamily Ministerial Review Permit process for qualified projects under SB 35 and facilitates compliance with SB 35. The Development Code Amendment incorporates by reference, the proposed Multi- Family Residential Objective Design Standards, which are derived from and reflect design policies of the Community Design Element of the General Plan.
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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 20
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1 Section 2. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment prescribe reasonable controls and standards to ensure compatibility with other established uses.
The proposed Multi-Family Objective Design Standards and associated Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.
Section 3. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment provide reasonable property development rights while protecting environmentally sensitive land uses and species.
The proposed Multi-Family Objective Design Standards and associated Development Code Amendment provide reasonable property development rights while protecting environmentally sensitive land uses and species, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.
Section 4. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment ensure the protection of the general health, safety, and welfare of the community.
The proposed Multi-Family Objective Design Standards and associated Development Code Amendment ensure the protection of the general health safety and welfare of the community as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.
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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 21
Menifee Mayor and City Council March 2, 2022