Agenda packet — Menifee City Council, June 1, 2022 (part 4 of 8)

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SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

Item Title: 10.15
Agreement for Design Services for the Newport Road Safety Improvements Raised Medians Item Page Number: 12
Menifee Mayor and City Council June 1, 2022

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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.

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; Item Title: 10.15
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

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9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Bob Morin, Assistant Vice President (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Jennifer Hernandez, Management Analyst I (“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:

CIVILPROS
Attn: Bob Morin, Assistant Vice President
3850 Vine Street, Suite 110
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jennifer Hernandez, Management Analyst I
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Item Title: 10.15
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Larry Shaw, San Diego Regional Manger
Matt Britten, Civil Engineering Department
Manager
[Corporation must have two signatures]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include Professional Design Services for CIP 22-14 Newport Road Raised Median Project in the amount not to exceed ONE HUNDRED TEN THOUSAND SEVEN HUNDRED FIFTY THREE DOLLARS AND ZERO CENTS ($110,753.00) as further detailed in the following page(s).

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Project Description: 1
Public Works
TBD
2 months
Design 118,503$
Environmental
Right of Way
Construction Management 63,180$
Construction 628,317$
Total Project Costs 810,000$ -$
Estimated Maintenance Cost:

Proposed
Fund # 2022-23 2023-24 2024-25 2025-26 2026-27 Future Years 105 Quality of Life Measure - $ -$ -$ -$ -$ -$ -$ -$ 220 Measure A 250,000$ -$ -$ -$ -$ -$ -$ 250,000$ UNFUNDED -$ -$ -$ -$ -$ -$ 560,000$ 250,000.00$ -$ -$ -$ -$ -$ 560,000$ 810,000$ 250,000.00$ 250,000 $
Current Year
Estimates
Expenditures to-
date
Newport Road Raised Medians (Murrieta Rd to Bradley Rd) CIP 22-14
Priority:

The project will construct a raised landscaped median on Newport Road. Th project will correct traffic issues, address safety, and provide beautification to the corridor.

Category: Street Improvements
Department:

Target Construction Start:

Construction Duration
Project Status: Design
Strategic Plan Goal: Safe & Attractive Community
Project Cost by Phase Project Map
TOTALS

CUMULATIVE TOTALS
https://cityofmenifee.maps.arcgis.com/apps/Shortlist/index.html?appid=8604e81f1bb14fd3bda909f8ca27a5ea

PROJECT BUDGET DETAILS
Fund Source Approved Funding
to date
Future Funding Estimates TOTALFund Name
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CITY OF MENIFEE
SUBJECT: Agreement Amendments for Menifee Road and Garbani Road Traffic Signal
MEETING DATE: June 1, 2022
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with NV5 for materials testing services for Capital Improvement Project No. CIP 21-11, extending the term of the agreement through February 28, 2023; and

2. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Anser Advisory for labor compliance services for CIP 21-11, extending the term of the agreement through February 28, 2023.

DISCUSSION
The Menifee Road/Garbani Road Traffic Signal Improvement Project (Project) consists of installation of a traffic signal and roadway improvements at the intersection of Menifee Road and Garbani Road. The Project is currently in the construction phase and anticipated for completion by September 2022.

On December 15, 2021, the City awarded the Project and concurrently entered into Professional Services Agreements with NV5, Inc. to conduct material testing services, and Anser Advisory to conduct labor compliance services for the Project.

At the time, the Project was anticipated to be completed six months after award. Due to the unprecedented nationwide shortage of materials and supply chain disruptions, the purchase of necessary traffic signal supplies for the Project caused delays to the construction schedule. As a result of these delays, the Project did not begin construction until early May of 2022.

Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 1
Menifee Mayor and City Council June 1, 2022

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City of Menifee Staff Report
CIP 21-11 Agreement Amendments
June 1, 2022

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2 2
Services for materials testing and labor compliance were previously approved and contracted through June 30, 2022. Typically, said services extend beyond the construction phase of the project to allow for close out of the project.

To ensure the continuity of services through the updated Project completion date of September 2022, an amendment extending the time of the agreements to February 28, 2023 is necessary to see the Project through the construction and close-out phases.

Without the proposed amendments, the Project will see further delays caused by halts in required labor compliance and materials testing services. The proposed amendment would only extend the term of each agreement and would not impact the project schedule. There are no changes to compensation proposed via the amendments.

Pursuant to Menifee Municipal Code § 3.12.090, any time extensions of the performance deadline that exceeds 60 days shall be approved by the City Council. If approved, both agreements will be extended through February 28, 2023.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The recommended agreement amendments are extensions of time only.

ATTACHMENTS

1. Location Map

2. Original Agreement with NV5

3. Agreement Amendment for NV5

4. Original Agreement with Anser

5. Agreement Amendment for Anser Advisory
Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 2
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MURRIETA
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\TrafficSignalMenifeeRoad_ProjectSite\TrafficSignalMenifeeRoad_ProjectSite.aprx Date: 11/23/2021 Traffic Signal at Menifee Road and Garbani (CIP 21-11)
Project Location Map
Item Title: 10.16
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
(CIP 21-11 MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL

IMPROVEMENT PROJECT) GEOTECHNICAL MATERIAL TESTING SERVICES 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 NV5, INC , 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 accordance with the Sc ope 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 December 15, 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 status and expe rience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultan t practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion , at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time t o the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 January 20223rd
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Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 4
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs wh atsoever 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 EIGHT THOUSAND SEVEN HUNDRED NINETEEN DOL LARS AND ZERO CENTS ($8,719.00) 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 h erein. 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 thi s 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;
DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 5
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g. The Consultant Representative’s signature.

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 rei mbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in e xcess 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. Fe es 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 DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 6
Menifee Mayor and City Council June 1, 2022

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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct ex pense, 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 res pects, 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, cons ultant 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 C ode shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 7
Menifee Mayor and City Council June 1, 2022

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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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 liabili ty insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self -insured retention shal l 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 exp iration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 8
Menifee Mayor and City Council June 1, 2022

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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 reporting 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 covera ge. 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, includi ng 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 re ference: (CIP 21-11 MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT) GEOTECHNICAL MATERIAL TESTING SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menif ee, 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 Service s 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 o n 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.

DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 9
Menifee Mayor and City Council June 1, 2022

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During the term of this Agre ement, 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 m ay condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agen ts 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 kin d (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 sub contractors (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, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Ind emnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omiss ions 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 incu r any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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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 C ode, Sections 465, 466, and 467 by calling 415 -703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees , and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other sim ilar 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 re sponsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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.

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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 requ ire 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 th is 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 comp etence, 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 pr ior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's reme dies 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 Performance . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant un der this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes i ntended 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 s hall 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 exce eds 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.

10.3 Severability. If any provision of this Agreement is he ld invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Joseph Bouknight, PE (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all por tions of the Services under this Agreement.

10.8 City Contract Administration . This Agreement shall be administered by a City employee, Haile Ford , Sr. Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Admini strator 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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NV5, INC
Attn: Joseph Bouknight, PE
15092 Avenue of Science, Suite 200
San Diego, CA 92128
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Haile Ford, Sr. 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 remedi es 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 accorda nce 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 m ultiple 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 th is 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 in to this Agreement does not violate any provision of any other A greement to which said Party is bound.

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.

10.18 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 emp loyee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]

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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

Guillaume Gau, Senior Vice President

Joseph Bouknight PE, CMT Engineering
Manager

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 18
Menifee Mayor and City Council June 1, 2022

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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Comprehensive Geotechnical and Material Testing Services for CIP 21-11:

Menifee Road and Garbani Road Traffic Signal Improvement Project in the amount not to exceed

EIGHT THOUSAND SEVEN HUNDRED NINETEEN DO LLARS AND ZERO CENTS ($8,719.00)
DocuSign Envelope ID: 20C23A9D-A6F3-4F57-A4DB-6921709B6BC3 DocuSign Envelope ID: 4E6AF537-77F3-4227-860E-3A2F68AC6AC5 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 19
Menifee Mayor and City Council June 1, 2022

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AMENDMENT NO. 1 TO
AGREEMENT BETWEEN NV5, INC
AND THE CITY OF MENIFEE FOR CIP 21-11 MENIFEE ROAD AND GARBANI ROAD

TRAFFIC SIGNAL IMPROVEMENT PROJECT
(GEOTECHNICAL MATERIAL TESTING SERVICES)

This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and NV5, INC (“Consultant”) for CIP 21-11 MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT (GEOTECHNICAL MATERIAL TESTING SERVICES) which Amendment No. 1 is made and entered into on ______________, 2022 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 December 15, 2021 and shall end on February 28, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

2. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: D30BC8B7-2590-4FF8-AA46-28AFB24AC783 Item Title: 10.16
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Professional Services Amendment No. 1 with NV5, INC
CITY OF MENIFEE NV5, INC

_______________________________ _______________________________ Armando G. Villa, City Manager Guillaume Gau, Chief Operating Officer- CQA

Attest: ________________________________
Joseph Bouknight PE, CMT Engineering
Manager

_______________________________
Stephanie Roseen, Acting City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 21-11 (MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL

IMPROVEMENT PROJECT) -COMPREHENSIVE LABOR COMPLIANCE SERVICES 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 ANSER ADVISORY MANAGEMENT, LLC, 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 accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.2 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 o f such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant sh all devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

DocuSign Envelope ID: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 January18th
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed NINE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($9,500.00) 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 Agr eement 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 hour s 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.

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 satisf actorily 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: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 Item Title: 10.16
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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 requirem ents. 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 o r an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least t wice 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: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 Item Title: 10.16
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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 Office 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 t he 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 lia bility insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 Item Title: 10.16
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4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: CIP 21-11 (MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT) -COMPREHENSIVE LABOR COMPLIANCE SERVICES . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . C onsultant 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 o f 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.

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e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top 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, DocuSign Envelope ID: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 Item Title: 10.16
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“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall 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 Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any 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.

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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 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 sim ilar 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.

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.

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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyo nd 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 Con sultant 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.

8.7 Survival. All obligations arisi ng 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 DocuSign Envelope ID: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 Item Title: 10.16
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would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares 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 ta ngible 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 un der this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consul tant 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 maintai n 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 DocuSign Envelope ID: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 44
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subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by th e prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought f or that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties a gree 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 other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Lucas Rathe (“Consultant’s Representative”). The Consultant’s Representati ve shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences , and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration . This Agreement shall be administered by a City employee, Haile Ford, Senior Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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10.9 Notices. Any written notice to Consultant shall be sent to:

ANSER ADVISORY MANAGEMENT, LLC
Attn: Lucas Rathe
2677 N. MAIN STREET, SUITE 400
SANTA ANA, CA 92705
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Haile Ford, Senior Engineer
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be st amped/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 th is 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 violate any provision of any other A greement to which said Party is bound.

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.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]

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IN WITNESS WHEREOF, the P arties hereto have executed and entered i nto 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

Craig Halvorson, Regional Managing Dir. EVP

Lucas Rathe, Vice President

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 1C97243B-D953-4934-BF7E-555DC0380BE4 DocuSign Envelope ID: 631746B2-AB1B-4D6B-8F47-66F3E30085D1 Item Title: 10.16
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include comprehensive labor compliance services for CIP 21-11: Menifee Rd. and Garbani Rd. Traffic Signal Improvement Project in the amount not to exceed NINE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($9,500.00) as further detailed in the following pages.

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AMENDMENT NO. 1 TO

AGREEMENT BETWEEN ANSER ADVISORY MANAGEMENT, LLC
AND THE CITY OF MENIFEE FOR CIP 21-11 (MENIFEE ROAD AND GARBANI ROAD

TRAFFIC SIGNAL IMPROVEMENT PROJECT) -COMPREHENSIVE LABOR

COMPLIANCE SERVICES

This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and ANSER ADVISORY MANAGEMENT, LLC (“Consultant”) for CIP 21-11 (MENIFEE ROAD AND

GARBANI ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT) -COMPREHENSIVE LABOR COMPLIANCE SERVICES which Amendment No. 1 is made and entered into on ______________, 2022 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:

2. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: 57B5A735-A852-4505-99FF-CF977DB617A4 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 55
Menifee Mayor and City Council June 1, 2022

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Professional Services Amendment No. 1 with ANSER ADVISORY MANAGEMENT, LLC

CITY OF MENIFEE ANSER ADVISORY MANAGEMENT, LLC

_______________________________ _______________________________ Armando G. Villa, City Manager Lucas Rathe, Vice President

Attest: ________________________________
Craig Halvorson, EVP Managing Director

_______________________________
Stephanie Roseen, Acting City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

DocuSign Envelope ID: 57B5A735-A852-4505-99FF-CF977DB617A4 Item Title: 10.16
Agreement Amendments for Menifee Road and Garbani Road Traffic Signal Item Page Number: 56
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CITY OF MENIFEE
SUBJECT: Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater MEETING DATE: June 1, 2022
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to the existing agreement for T.Y. Lin International to extend the term of the existing Professional Services Agreement to end May 31, 2023.

DISCUSSION
At the March 3, 2021, City Council meeting, the conceptual design for the Central Park Amphitheater was approved with additional funding allocated to the project based on estimates provided by T.Y. Lin International. The conceptual design presented was approved after years of progressive work from a simple shade structure to a sophisticated and premiere architectural centerpiece for the City. Subsequently, at the June 2, 2021, City Council meeting the Professional Services Agreement with T.Y. Lin International for Design, Engineering and Architectural Services was approved.

T.Y. Lin International have been working diligently alongside City staff to track and review progress made towards the completion of the project. Early in the preliminary engineering phase, it became apparent that more attention would be required in the design details to ensure design accuracy and increase cost efficiency of materials where applicable. Examples of this can be seen in the 3-D modeling incorporated into the design package that enhance the usability of the plans for future construction contractors and hopefully mitigate errors. Additionally, extra care and attention has been paid to the type, size, and delivery of materials, such as ensuring that large pieces of the wood shade structure can be replicated and easily shipped in standard sized containers to reduce the cost of procurement.

Although the full design process was initially intended to be completed by May 2022, the extra attention to detail has lengthened the standard processing time for this project. T.Y. Lin has Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 1
Menifee Mayor and City Council June 1, 2022

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City of Menifee Staff Report
TY Lin International Agreement Amendment
June 1, 2022

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1 0
0 2
adjusted the timeline by three months projecting that the project will be ready for the construction bidding process at the end of summer 2022. City staff would like to extend the current term of the Professional Services Agreement for one year through May 31, 2023, to accommodate the adjusted timeline and have T.Y. Lin available during construction bidding and afterwards if needed.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action, the design contract is fully funded and no additional services are requested at this time, this action only extends the period to complete the original scope of work.

ATTACHMENTS

1. Original Professional Services Agreement

2. Amendment No. 1
Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 2
Menifee Mayor and City Council June 1, 2022

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 19-15: CENTRAL PARK AMPHITHEATER PROFESSIONAL DESIGN,

ENGINEERING, & ARCHITECTURAL SERVICES FOR THE CENTRAL PARK NEIL

WINTER AMPHITHEATER PROJECT

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 T.Y.LIN INTERNATIONAL , a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”

SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on June 3, 2021 and shall end on May 31, 2022 unless the term of this Agreement is otherwise terminated. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement,

1.2 Standard of Performance . Consultant represents that Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the satisfaction of the Contract Administrator.

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, promptly 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 FOUR HUNDRED FORTY

FIVE THOUSAND ONE HUNDRED THREE DOLLARS AND ZERO CENTS
($445,103.00) not withstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City is required to pay the consultant, and 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 Intentionally Omitted.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above 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 DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, veh icles, 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 b y 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 ha s 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 pol icy 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 ($1,000,0 00.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.

c. Additional requirements . Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.

a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self -insured retention shall be shown on the Certifica te. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.

b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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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 reporting 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: CIP 19-15: CENTRAL PARK AMPHITHEATER PROFESSIONAL DESIGN,

ENGINEERING, & ARCHITECTURAL SERVICES FOR THE CENTRAL PARK NEIL WINTER AMPHITHEATER PROJECT. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.

c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.

d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consul tant; 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.

DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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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.

f. Subcontractors. Consultant shall include all subcontract ors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement;

b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consult ant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend ( with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “des ign professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the appl icable provisions of the California Business and Professions Code.

5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this A greement 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 DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that , in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits . Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

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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, Consulta nt shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Intentionally Omitted.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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; DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 12
Menifee Mayor and City Council June 1, 2022

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c. Retain a different consultant to complete the Services described in Exhibit A; and/or

d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares 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 prepar ed or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were p repared 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.

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9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to mainta in shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

SECTION 10. MISCELLANEOUS PROVISIONS.

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 (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, seque nces, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration . This Agreement shall be administered by a City employee, Mariana Mitchell, Sr. Management Analyst (“Contract Administrator”). All DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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Seal and Signature of Registered Professional with
report/design responsibility.
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:

T.Y.LIN INTERNATIONAL
Attn: Jim Rucker, Vice President
404 CAMINO DEL RIO SOUTH, #700
SAN DIEGO, CA 92108

Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Mariana Mitchell, Community Services Manager

with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or reme dies 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 DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.16 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.

[Signatures on Following Page]
DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
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Menifee Mayor and City Council June 1, 2022

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE CONSULTANT

Armando G. Villa, City Manager
Attest:

Jim Rucker, Vice President

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

[Corporation must have two signatures]
DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 17
Menifee Mayor and City Council June 1, 2022

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EXHIBIT A

SCOPE OF SERVICES
Scope of services shall include comprehensive professional plans, specifications, and construction documents (PS&E) and related services for the Central Park Neil Winter Amphitheater in the not to exceed amount of FOUR HUNDRED FORTY FIVE THOUSAND ONE HUNDRED THREE DOLLARS AND ZERO CENTS ($445,103.00) as further detailed in the following page(s).

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May 24, 2021

City of Menifee
29995 Evans Road, West Annex
Menifee, CA 92586
Attention: Jonathan Nicks, Mariana Mitchell, Bryce Howell

SUBJECT: Qualifications for Professional Design, Engineering, & Architectural Services for the Central Park Neil Winter Amphitheater

Dear Mr. Nicks:

The City of Menifee is known for its New, Better, Best inspiration and its commitment to its citizens and support for local businesses. Menifee is also known for being one of the top Cities to Live and the forward-looking plan of its leaders to create a new, better, and best community amphitheater space for the future will serve that commitment and inspiration.

T.Y. Lin International and our team are thankful and excited for the opportunity to continue to work closely with the City to provide design, architectural, and engineering service to see the new Neil Winter Amphitheater to successful completion. We are proud to offer a thorough project approach and experienced team to identify the most practical and cost-effective solutions and an inspirational and timeless structure. Our perspective and unique knowledge of these important community structures, advanced technological solutions, dedication to the project and to the City of Menifee will achieve a successful new amphitheater.

The T.Y. Lin International team is pleased to work with the City on current contracts and respectfully requests the City’s consideration to continue our partnership for this project.

We believe our team can make a difference and are eager to deliver Menifee an astounding amphitheater.

Sincerely,
T.Y. Lin International

James Rucker, PE
Project Manager Principal-in-Charge / Vice President

An Affirmative Action / Equal Opportunity Employer M/F/D/V 3633 East Inland Empire Boulevard, Suite 900 | Ontario, CA 91764 | T 909.912.6900 | www.tylin.com

Robert Barton, PE
DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 20
Menifee Mayor and City Council June 1, 2022

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QUALIFICATIONS

TEAM ORGANIZATION
A well-organized team, with clear division of responsibilities, is essential to the effective delivery of any project. The TYLI Team will provide the management services and perform all engineering, and architectural design for the project to successfully deliver this signature structure for the City of Menifee.

An organization chart has been prepared to illustrate the team and reporting lines of communication (Figure 1).

KEY STAFF BIOS
Figure 1. TYLI Team Organization Chart
To further demonstrate our teams experience and capabilities, we have provided snap-shot bios for our key staff members in Table 1 beginning on the following page.

Full resumes and qualifications for non-key staff can be provided upon the City’s request.

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Registration:

Professional Engineer, CA, No. 68789
Education:
 MS, Structural Engineering,
Washington University, St. Louis
 BS, Civil Engineering,
Washington University, St. Louis
 BA, Physics/Math, Rollins College
Experience: 20 years

ROBERT BARTON, PE

PROJECT MANAGER
Registration:

Professional Engineer, CA, No. 57661
Education:
 BS, Civil Engineering,
Rutgers University
Experience: 27 years

KAREN CHAPMAN, PE

QUALITY CONTROL / QUALITY ASSURANCE
Registration:

Professional Engineer, CA, No. 47796
Education:
 BS, Structural Engineering, University
of California, San Diego
Experience: 32 years

JIM RUCKER, PE

PRINICPAL-IN-CHARGE

Table 1. Key Staff Bios & Credentials

Jim has 32 years of bridge engineering experience. As the unit manager and a supervising structural engineer with TYLI, he has been responsible for project management, bridge Advanced Planning Studies (APS), design of new bridges and bridge widenings, preparation of structure specifications and engineers’ estimates, construction support services, and seismic retrofitting of existing bridges. Jim has extensive experience on projects requiring Caltrans and Federal Highway Administration (FHWA) oversight, review, and approval. He is a seasoned, veteran Project Manager with extensive experience managing and overse eing multi -discipline teams from architectural concepts through environmental clearance and final design.

Karen has 27 years of experience, including two years with Caltrans, designing and leading a variety of transportation projects. Her technical experience involves a variety of facilities, including local streets, highways, freeways, and local street interchanges. Her projects have covered the entire range of project development phases, ranging from the initial identification of needed improvements, feasibility studies, and the preparation of Project Study Reports (PSRs) and Project Reports (PRs), to the preparation of Plans, Specifications, and Estimates (PS&Es), and construction inspection.

Rob has 20 years of experience in structural and civil engineering. He has served as Project Manager, Deputy Project Manager, and Lead Designer on major projects including highway, railway, river bridges, marine terminals, and transit structures. Rob has performed key roles on complex projects located in urban areas, which have required multi-agency coordination and approvals including Caltrans, San Diego Association of Governments (SANDAG), North County Transit District (NCTD), Naval Facilities Engineering Command (NAVFAC), U.S. Army Corps of Engineers ( USACE), Los Angeles World Airports (LAWA), McCarran International Airport (LAS), Florida Department of Transportation (FDOT), and the Ports of Los Angeles and Long Beach (POLA/POLB).

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Registration:

Licensed Architect
Education:
 M.Arch, Sustainability and Expressive
Design, University of Oregon
 BS, Structural Engineering, University
of California, San Diego
Experience: 13 years

NOEL SHAMBLE, AIA

LEAD ARCHITECT
Firm:

Maffeis Engineering
Role:

Project Director North America
Education:
 BA, Architecture, Carlton University,
Ontario, Canada
 MS, Structural Engineering Membrane
Structures, University of Anhalt,
Germany
Experience: 15 years

BRYAN SCHOPF

STRUCTURES SUPPORT
Registration:

Professional Engineer, CA, No. 58937
Education:
 MS, Civil Engineering, University of
Florida
 BS, Civil Engineering, California State
Polytechnic University, Pomona
Experience: 25 years

DAN FITZWILLIAM, PE

STRUCTURES LEAD

Dan serves as a technology leader for TYLI’s bridge line of business with 25 years of bridge and structural design experience, he is a technical expert in the analysis and design of complex structure projects. He has experience working on an array of bridge types, including concrete segmental, cable-stayed, suspension, stress ribbon, and arches. Dan brings a proven record of producing and delivering constructable designs within exacting budgets and schedules.

Bryan is the North American project director at Maffeis Engineering for over 4 years, and has 15 years of architecture and engineering practice with a specialty in tensile and membrane structures. Recent and related projects include Hawerlack Amphitheater Edmonton, Alberta, Las Vegas Raiders Football Team Torch Sculpture, 2012 Olympic Games tensile fabric structures for shooting events London England, and Windsor Festival Plaza tensile fabric event structure in Windsor Ontario.

Noel is a registered architect with combined experience in structural engineering and architecture of long-span bridges. He has participated in project teams in the United States and worldwide including China, Europe, Africa, and South America. Noel has specific experience as an architect and visualization specialist for aesthetic and context sensitive design of signature structures As the Director of TYLI’s Architecture and Visualization Group, Noel oversees a team of elite bridge design specialists who sp ecialize in conceiving of and delivering unique structures. In addition to his traditional drafting and hand drawing skills, Noel and his group utilize the latest state -of-the- art tools, such as parametric 3D modeling, augmented reality, virtual reality, and 3D printing.

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ALICIA LEMKE

ENVIRONMENTAL LEAD
Education:
 BA, Environmental Studies, California
State University, San Bernardino
Experience: 21 years
Alicia has 21 years of experience with environmental analysis for a wide range of different public agency and Caltrans projects. She has managed, prepared, reviewed, and signed environmental documents (CE/CE, ND/FONSI, EIR/EIS) for transportation related projects. She has the in -depth knowledge and expertise managing CEQA/NEPA documentation and ensures compliance to environmental laws, regulations, and processes. In addition to environmental services, she has extensive experience working on projects involving Caltrans Local Assistance (Federal Aid) and has prepared funding applications and Local Assistance (Federal Aid) forms for federal funding authorizations.

Prior to joining TYLI, Alicia worked as a Caltrans District 8 employee for 7 years, with two of those years as the Branch Chief for Environmental Local Assistance, bringing a high level of knowledge and experience to projects with Caltrans involvement. She also brings local agency experience as the former Senior Planner for the County of San Bernardino, Department of Public Works and the San Bernardino County Flood Control District.

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DELIVERABLES:
 Project Management/Work Plan (PMP)
 Project Schedule
 Monthly Invoices
 Progress Report

SCOPE OF WORK

1.0 PROJECT MANAGEMENT (TYLI)
T.Y. Lin International (TYLI) will provide overall execution and financial management of the project, including coordination with the City, tracking progress of the work, preparing monthly invoices with project status reports and conducting project meetings.

1.1 PROJECT MANAGEMENT, PROJECT ACCOUNTING, & DOCUMENTATION

1.1.1 TYLI’s Project Manager will provide management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with the scope and requirements of the City. Working with the City, TYLI will form a Project Development Team (PDT) and will maintain close coordination amongst all its members.

TYLI will develop a Project Management/Work Plan (PMP). The purpose of the PMP is to provide management and work guidelines to ensure timely delivery of a quality project delivery within established budgets. The PMP also serves as a tool for project control throughout the life of the project.

TYLI will prepare monthly status reports to update the City on the project progress to date; work to be accomplished in the next period; coordinate technical design efforts and forecast budget/schedule requireme nt. TYLI will also prepare and update the project schedule to monitor the project progress throughout the life of the project.

Subconsultants will provide general management tasks that include formal and informal communications with the project team and c reate monthly invoices and progress reports for their activities.

1.2 QUALITY ASSURANCE & QUALITY CONTROL (QA/QC)

1.2.1 Quality Management Plan (TYLI)
A project Quality Management Plan (QMP) will be developed for the project to address design phase milestone reviews and responses to external comments. The QMP will be incorporated into the PMP.

The project’s quality management is accomplished through independent checks and reviews. All structural items are designed by one engineer and independently reviewed by another engineer. The reports and drawings are DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 25
Menifee Mayor and City Council June 1, 2022

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produced by one engineer and independently reviewed by another engineer.

The independent review process is accomplished through redlining plan sheets and reports by the reviewer and returning those documents to the originator. The comments are backchecked by the originator and incorporated into the design if there is agreement. Disagreements are discussed between the originator and reviewer and brought to the attention of the Project Manager if there is no resolution. The Project Manager makes the final decision on what to incorporate into the design. Review comments and responses are documented on the hardcopies and spreadsheets in the project folders. Internal review and checklists will be completed prior to official submittals to the client at 50%, 90%, & Final/RFC.

External comments are provided by the City of Menifee through red marked plan sheets and written comments. Responses are provided on the red marked sheets and documented in a MS spreadsheet. Comments that are agreeable to the designer are incorporated into the design or explanations are provided for comments that are not incorporated. The plans are reviewed for constructability by TYLI construction engineers at key milestones in the PS&E phase.

Critical decisions made and important items awaiting information to be incorporated into the design are tabulated into a spreadsheet, and next phase resolutions will be addressed and incorporated into the following milestone.

1.2.2 Review of Work by Outside Consultants (TEAM)
Work products created by outside consultants are reviewed prior to incorporating into TYLI’s designs. The degree of review depends on the work product and our ability to verify the accuracy of the product. The following are general guidelines for specific work products:
• Geotechnical Reports & Data : Geotechnical i nformation receives a thorough review by the engineers. The designer is required to complete a checklist for foundation reports and is expected to provide feedback regarding the design and constructability of the bridge foundations.

• Survey Data: Survey information and files are reviewed for completeness and that it is generally correct. Other survey data or known points are compared to the provided survey information to ensure there are no obvious errors. This can be accomplished by reviewing hardcopy plans or overlaying survey points on our CAD files.

The survey consultant is relied upon that the data they submit is correct.

• Utility Information : Utility information provided by the City or other agencies is reviewed with known data and reviewed for correctness.

Existing and proposed utility locations are overlaid on the CAD files to ensure there are no conflicts. Potholing may be performed as an DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 26
Menifee Mayor and City Council June 1, 2022

Page 571 of 1063 ends

DELIVERABLES:
 Quality Management Plan (QMP) to be incorporated into final PMP  Milestone QA/QC Documentation
DELIVERABLES:
 Meeting Agendas
 Meeting Minutes

amendment to this scope of work to verify locations of utilities considered to be unknown or in conflict.

1.3 MEETINGS (TEAM)

1.3.1 TYLI will conduct a kickoff/field review meeting that will be scheduled immediately upon receiving a Notice-to-Proceed. TYLI will ensure attendance by agency key personnel with decision -making abilities (i.e., City). The purpose of the meeting is to review project objectives and requirements, receive initial information, establish communication protocols, and address other issues as necessary to facilitate a successful project initiation. During this meeting, the Purpose and Need for the project and preliminary drawings (previous renderings phase) will be presented to the City to obtain an early conceptual approval and to expedite the project initiation process. Thereafter, meetings with the City of Menifee will be conducted on an as -needed basis to discuss progress, general project issues, obtain direction, and to exchange information. Three (3) total management level meetings are considered. Separate meetings for design milestone development and community or City Council presentations will be performed under design milestone meeting scope. Subconsultants w ill attend the project kick-off meeting (virtual).

2.0 PRELIMINARY ENGINEERING
Survey and draft geotechnical reports are performed prior to the start of preliminary engineering and performed under separate contract.

2.1 ENVIRONMENTAL STUDIES (TYLI)

Technical Studies: Per the direction from the City of Menifee, no technical studies are required. Technical analysis completed under the existing Town Center Environmental Impact Report will be utilized for the CEQA Notice of Exemption referencing the “Existing Facilities” category.

2.2 PRELIMINARY ARCHITECTURAL DESIGN (TYLI)

2.2.1 The preliminary architectural design will revise the conceptual renderings to establish the controlling dimensions and provide the required storage area planning.

Page 572 of 1063 ends

DELIVERABLES:
 Meeting Agendas
 Meeting Minutes

Preliminary architectural design will focus on building a detailed 3D model of the shade structure and storage. This model will function as a base to extract 2D drawings and data which will be dist ributed to the other disciplines. Input from structure, and lighting design disciplines will guide design direction. In this round we will be focusing on material selection, defining geometry, detail development, and will culminate in a final round of rend erings. It is fully expected that there will be a heavy emphasis on value engineering to explore creative solutions that will lower the cost but also impact the global form. This is an iterative process that will require editing the model based on engineering and manufacturer input to ensure we arrive at an acceptable cost estimate in line with the City’s expectations. Once the City approves architectural design based on render review, the team will focus on 2D drawing development and building infor mation modeling (BIM) conversion that will be shared with the various disciplines.

2.2.2 Preliminary design includes:

2.2.2.1 Site Plan and Floor plan
• Provide layout/drawing for site and floor plans for coordination and direction as design updates from the team

2.2.2.2 Views for 3-Dimensional
• Convey storage building, as necessary, for coordination purposes Assumptions and Exclusions
▪ Major revisions to structure type, architecture, or materials that would affect the following design phases.

2.3 PRELIMINARY DESIGN MEETINGS (TEAM)

2.3.1 TYLI will facilitate monthly design coordination team meetings to provide progress updates, coordinate between technical disciplines, and facilitate project communication. For each meeting, TYLI will prepare meeting agendas and minutes. The minutes will be distributed to all attendees within five (5) working days after the meeting. Minutes will include attendees list, contact information, synopsis of discussion items, action items, and decisions made. Two (2) meetings are considered for this phase. Decision logs will be created and maintained to

2.4 Quality assurance and Quality Control (QA/QC) (TEAM)

2.4.1 The design team will perform quality control and quality assurance per the project developed QMP before milestone submittals. Each deliverable item will be reviewed, and the quality control and quality assurance documents will be preserved per the PMP document control procedures.

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DELIVERABLES:
 One draft and one final Notice of Exemption (NOE)

3.0 PRE-FINAL DESIGN DEVELOPMENT
The design team will provide design development engineering, finalize preliminary engineering studies, and create preliminary specifications and quantities.

3.1 ENVIRONMENTAL NOTICE OF EXEMPTION (TYLI)

3.1.1 California Environmental Quality Act Notice of Exemption

TYLI will research and review the Town Center Specific Plan Environmental Impact Report and prepare a Notice of Exemption (NOE) in City of Menifee acceptable format pursuant to the requirements of the California Environmental Quality Act (CEQA) § 21080 and §§ 15300 through 15332 of the CEQA Guidelines. TYLI will assist the City with filing the NOE with the Riverside County Clerk and/or Office of Planning and Research.

3.1.2 Exclusions and Assumptions
• This scope assumes that there will be no public controversy requiring public outreach.
• This scope assumes the project would qualify for a Categorical Exemption under CEQA and that the environmental impacts of the project are less than significant which do not require mitigation. An Initial Study/Mitigated Negative Declaration (IS/MND) or Environmental Impact Report (EIR) will not be prepared. • No biological, cultural, paleontological, archaeological, visual, noise, air quality, or hazardous materials surveys or reports are requested to be prepared. The NOE will reference the EIR that was prepared for the Town Center Specific Plan for information regarding these environmental resources.

3.2 PRE-FINAL ARCHITECTURE DESIGN (TYLI, Simbiotek)

3.2.1 With the completion of the detailed architectural model and conversion of it into a BIM, the team’s focus will be on the production of 2D drawings including plans, sections, and details. Draft architectural design will focus heavily on defining geometry for items such as the glulam beams and diagonal members along with detail development of connections all in coordination with the structure team. Drawings that focus on architectural lighting for the shade structure will be prepared. This phase will culminate with updated quantities, specifications, and cost estimates.

3.2.2 This phase of architectural design is heavily focused on reviewing and incorporating city’s comments from the preliminary submittal. The DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 29
Menifee Mayor and City Council June 1, 2022

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expectation is minor adjustments to drawings and the addition or subtraction of projects components such as lighting and sound equipment.

3.2.2.1 Pre-Final architectural construction documents include:

• Site Plan
• Further design for ADA access, code required dimensions, coordinate preliminary grades, etc.
• Floor plans, interior elevations, schedules, exterior elevations, reflected ceiling plan, wayfinding plan, draft electrical receptacle locations and switching
• Further design to include code review/egress information, draft wayfinding and signage locations and design
• Include more detail such as casework locations, lighting plan, draft wall sections, etc.
• Elevations and 3D images (2 day views and 2 night views) • Convey materials/details as necessary for pricing/review/approval (interior/exterior)
• Signage/wayfinding draft design and locations
• Schedules
• Door schedule
• Specifications and product literature for review/approval • Cost estimate
• Detailing
• Develop details for walls/ceiling/roofing as necessary • Develop further for final review/approval
• Includes addressing comments and revising drawings and specifications as necessary for permitting approval

Assumptions and Exclusions

▪ Extensive, in-depth drawings of existing conditions
▪ Additional design items or permitting packages not listed in this proposal ▪ Landscape Architecture
▪ Public Outreach and Public Presentations
▪ Animations

3.3 PRE-FINAL STRUCTURAL DESIGN

3.3.1 Superstructure (Maffeis): This task includes identification of th e client’s requirements according with the architectural concept, definition of geometry of the structure, identification of the cladding system and coordination with the designer of the structure where the glulam is connected to.

Main design steps are as follows:

• Develop design criteria in relation to the structural calculation of the main structure (glulam) and cladding.

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• Prepare structural calculation of the glulam. Sizing the glulam section. • Provide reaction forces to the substructure.
• Prepare design for preferred cladding option.
• Participate in weekly progress virtual meetings with Design Team for coordination
• Prepare maintenance strategy
• Prepare method statement for installation for inclusion in the project specifications.

Determine the final structural behavior of the glulam beam and their secondary support to sustain the cladding. Design of the preferred cladding and the tensile membrane part in between the two buildings.

Main design steps listed below:
• Performance Criteria of cladding part (Thermal)
• Structural calculation of the glulam beam, secondary support. • Design of the structural connection (field and splice connections, baseplate connections)
• Design of the preferred cladding option
• Typical details for the secondary structure to support the cladding. • Design of the tensile structure in between the Amphitheatre and Storage building
• Participate in progress virtual meetings with Design Team for coordination

3.3.2 Pre-Final Structural Design: Substructure (TYLI)
• Coordinate with superstructure designer for demands on footings • Coordinate with Geotech to select amphitheater foundation type • Provide foundation loads to Geotechnical Engineers
• Coordinate with Geotech to select Storage building foundation type • Develop geometry of pile cap, arch base, and benches
• Perform structural analysis and develop foundation demands from superstructure demands
• Develop plan sheets for amphitheater foundation, storage building foundation, deep foundation details, and miscellaneous foundation details.
• Advance foundation calculations to pre-final
• Advance foundation details to 90%
• Implement coordination comments
DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 31
Menifee Mayor and City Council June 1, 2022

Page 576 of 1063 ends

3.4 INDEPENDENT REVIEW STRUCTURAL CALCULATIONS (TYLI, Maffeis)

3.4.1 The design team will perform an independent review of the structural calculations and plans.

Independent Check Structural Design
• Review structural model of amphitheater
• Summarize amphitheater element demands
• Calculate amphitheater element capacities
• Summarize D/C ratios of all amphitheater elements
• Perform plan review of amphitheater sheets
• Perform "Over the Shoulder" review of amphitheater calculations

3.5 PRE-FINAL ELECTRICAL/LIGHTING DESIGN (LCI)

3.5.1 Design and prepare draft plans and schematic single line diagram.

Calculate preliminary electrical loadings.

3.5.2 Upon approval of the schematic design LCI, will proceed in the design and preparation of the PS&E and incorporate comments from the previous submittal.

a. Calculate electrical loads and modify existing service main switchboard. b. Calculate and design feeders for the buildings.
c. Design service panel for the Amphitheater and Wearhouse. d. Perform photometric lighting calculations.
e. Calculate voltage drop, size wiring and feeders sizes. f. Design and develop wiring diagram.
g. Prepare plans and develop section and details.
h. Update the existing panel schedule.
i. Project Management includes client, team meetings/coordination, plan check coordination.
j. Incorporate plan check comments.

DELIVERABLES:
 Technical Document discussing the main criteria for designing, load assumption and global structural behavior.
 Load reaction preliminary defined according with the level of the design phase.  Design calculations and plans.

 Technical Document about the performance criteria of the proposed cladding  Thermal report for the proposed cladding option.
 Structural report including the verification of the primary and secondary glulam beam.
 Technical drawings about glulam arch geometry and typical detail  Technical drawings about proposed cladding.
 Schema of the different material, quantity, and cost.

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DELIVERABLES:
 Typical Notes, Legend, Abbreviations and Typical Details (1 sheet)  Site Electrical Plan - (1 sheet)
 Amphitheater Power and lighting Plan - (1 sheet)
 Wearhouse Power and Lighting Plan - (1 sheet)
 Lighting Schedule – (1 sheet)
 Wiring and Single line diagrams – (1 sheet)
 Panel schedule - (1 sheet)
 Sections & Details (1 sheet)
 Title 24 Forms - (2 sheets)
 Energy Forms – (1 sheet)
 Photometric Lighting Plans – (1 sheet)

k. Prepare probable construction cost estimate base on the design submittal.
l. Edit and City standard specifications.
m. Prior to the submittal LCI will perform in-house QA/QC and cross-check our plans with other disciplines.

Assumptions and Exclusions

▪ The design of the proposed structures electrical systems will not exceed the existing panel capacities. Upgrading existing electrical service and equipment such as alternative power sources (solar power or generator design), is not included in the proposal.
▪ Outdoor lighting separate from the proposed structure is not included in the proposal with the exception of security or emergency lighting attached to the proposed structure outside the storage building doorway. ▪ Only emergency exit lighting for proposed structures are requested. ▪ Architectural lighting and system for the Amphitheater will be designed by TYLI and LCI scope of work is to provide power to the system. ▪ It is assumed the City will be the reviewer of the electrical plans.

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Storage Building

T■ v■ LIN INTERNATIONAL
Amphitheater

80.44 DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 34
Menifee Mayor and City Council June 1, 2022

Page 579 of 1063 ends

3.6 SPECIFICATIONS, QUANTITIES (TEAM)

3.6.1 The design team will develop pre-final specification using CSI format.

Specifications and quantities will focus on a variety of components including:

• Glulam treatment/ stain and linear length
• Lighting Fixtures and component count/ linear length
• DMX type and count, Pull Box count/ location, and Controller type • Cladding Material/ Color and area
• Concrete treatment/ mix design and volume
• Speaker type and count
• Electrical specifications and estimates

3.6.2 The specifications will be developed using CSI format and the pre -final milestone will include draft specifications. Itemized quantities with unit prices will be provided to determine a project cost estimate.

3.7 PRE-FINAL DESIGN MEETINGS (TEAM)

3.7.1 The design team will attend every other week design development team teleconferences. The meetings will be held virtually and will be used to provide progress updates to the City, coordinate design decisions, and maintain communication for the design team.

3.7.2 Pre-Final Comment Resolution Meeting. Submit to City prior to pre -final submittal a design development package with calculations, plans, specifications, and cost estimates. The City will prepare comments from that design development submittal. The design team will continue to develop the Pre-Final submittal. A comment response ‘over the shoulder’ team meeting will be held to review and respond to the City’s design comments. The design team will incorporate the agreed upon comments in the Final design phase.

3.8 QUALITY CONTROL AND QUALITY ASSURANCE (TEAM)

3.8.1 The design team will perform one round of quality control and quality assurance per the project developed QMP before milestone submittal.

Each deliverable item will be checked and reviewed, and the quality control and quality assurance documents will be preserved per the PMP document control procedures.

Structural design calculations and plans will be Independently Reviewed by an engineer not involved in preparation of the design calculations and/or plan.

4.0 FINAL DESIGN/RFC ENGINEERING

4.1 RESPOND TO COMMENTS (TEAM)

4.1.1 The design team will collect the agreed upon design comments from the City. The revisions will be integrated into the final design. Changes to DocuSign Envelope ID: C55FFF3A-81B1-4343-999B-A5EC87AEA432 DocuSign Envelope ID: 7CC25460-9B7E-4F66-A4FC-854A94F13216 Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 35
Menifee Mayor and City Council June 1, 2022

Page 580 of 1063 ends

structure type or architecture cannot be incorporated at this phase without a revision to scope, fee and amendment.

4.2 FINAL ARCHITECTURAL DESIGN (TYLI)

4.2.1 Task is the finalization of the design for the defined structure and cladding.

Final sizing of the primary and secondary glulam structure. Definition of cladding detail in relation to the approved performance criteria (thermal and acoustic). Maintenance and installation process clarified in detail.

Technical specification of each material used and designed according with the above scope of work.

4.3 FINAL STRUCTURAL DESIGN (TYLI, Maffeis)

4.3.1 Implement peer review and City comments. Develop and finalize the Structural Calculations and provide a stamped set of calculations.

Finalize Plan Sheets and provide stamped set of construction ready documents.

4.4 FINAL SPECIFICATIONS, QUANTITIES, & ESTIMATES (TEAM)

4.4.1 The design team will prepare final construction specifications including any specific item cut sheet. Response to comments and incorporate final plan check comments to the plans, specifications, and estimate.

4.4.2 Itemized quantities with unit process will be provided to determine a project cost estimate.

4.5 FINAL MEETINGS (TEAM)

4.5.1 The design team will conduct every other week design development team meetings until final submittal. Decision logs will be maintained.

4.6 QA/QC (TEAM)

4.6.1 The design team will perform final quality control and quality assurance per the developed Quality Management plan before milestone submittals. Each deliverable item will be checked and reviewed, and the quality control and assurance documents will be preserved per the PMP document control procedures.

5.0 EXCLUSIONS
Per standard industry practice according to the Associated General Contractors of America, Construction Management Association of America, and the American Institute of Architects;
As-Builts Drawings are provided by City’s selected Contractor Drawings from Fabricators (‘Fabrication’ or ‘Shop’ Drawings) are provided by the Fabricator as selected by the Contractor during the Construction phase.

FEE
Please refer to the following pages for our team’s proposed fee for this amphitheater project.

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Printed: 5/24/2021

T.Y. LIN INTERNATIONAL

NEIL WINTER AMPHITHEATER

Date: 5/24/21
Prime Consultant: T.Y. Lin International
Project Title: Menifee Central Park Amphitheater
Project Number: 701355
Client Reference:

Task/Subtask

Description

Activity

WBS or
Activity
Code
Estimated Labor Hours

Hours

Total Labor
Amount

Raw Labor
Amount

Rucker, Jim
Principal Eng

Chapman, Karen
QAQC

Barton, Robert

Fitzwilliams, Dan
Sr Br Eng I

Sokolowski,
Robert
Sr Br Eng I

Whitman, Alex
Jr Eng I

Mancini, David
Design Tech III

Medina, Aliza
Design Tech II

Bracco, Stacey
Proj Accountant

Shamble, Noel
Lead Architect

Lemke, Alicia

Ketelson, Jodi

Ruthrauff, Hunter
Senior Designer

Blanpied, Greg
Designer

1.0 Project Management

1.1 PM/Project Accounting/Documentation/etc. 4 20 26 50 $8,580 $8,580

1.2 QA/QC 6 6 12 $3,060 $3,060

1.3 Meetings 2 2 2 6 $1,580 $1,580
TASK SUBTOTAL: 6 8 28 0 0 0 0 0 0 26 0 0 0 0 0 68 $13,220 $13,220

2.0 Preliminary Engineering

2.1 Environmental Studies 0 $0 $0

2.2 Preliminary Architectural Design 8 60 75 143 $21,400 $21,400

2.3 Preliminary Design Meetings 2 2 6 8 1 19 $4,260 $4,260

2.4 QA/QC 2 4 2 24 32 $6,940 $6,940
TASK SUBTOTAL: 4 6 8 0 0 0 0 0 0 0 8 32 1 60 75 194 $32,600 $32,600

3.0 Pre-Final Design Engineering

3.1 Environmental NOE 48 36 84 $15,360 $15,360

3.2 Pre-Final Architectural Design 8 22 42 72 $10,600 $10,600

3.3 Pre-Final Structural Design 24 42 68 60 80 274 $40,520 $40,520

3.4 Independent Check Structural Design 14 16 16 46 $9,000 $9,000

3.5 Pre-Final Electrical Design 0 $0 $0

3.6 Specs, Qty, & Estimate 8 8 8 8 32 8 72 $13,080 $13,080

3.7 Pre-Final Design Meetings 2 2 12 8 8 4 36 $8,360 $8,360

3.8 QA/QC 6 6 3 15 14 2 46 $9,340 $9,340
TASK SUBTOTAL: 8 8 15 54 89 0 106 60 80 0 16 54 36 54 50 630 $106,260 $106,260

4.0 Final Design / RFC Engineering

4.1 Respond to Comments 8 6 6 6 6 6 38 $7,600 $7,600

4.2 Final Architectural Design 8 8 $1,440 $1,440

4.3 Final Structural Design 16 16 40 40 112 $17,160 $17,160

4.4 Specs, Qty, Estimate 8 8 $1,440 $1,440

4.5 Meetings 8 8 8 2 26 $5,920 $5,920

4.6 QA/QC 2 2 2 8 40 32 86 $15,980 $15,980
TASK SUBTOTAL: 2 2 18 38 70 0 32 40 40 0 6 2 0 22 6 278 $49,540 $49,540

0 $0 $0
OPTIONAL TASKS SUBTOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0

Total Hours:

Raw Labor Rate:
20 24 69 92 159 0 138 100 120 26 30 88 37 136 131 1170 $201,620 1170 $201,620
$280.00 $280.00 $230.00 $260.00 $200.00 $0.00 $135.00 $145.00 $100.00 $110.00 $200.00 $200.00 $160.00 $180.00 $120.00 Multiplier (incl. OH + Profit): 1.00 Billing Rate: $280.00 $280.00 $230.00 $260.00 $200.00 $0.00 $135.00 $145.00 $100.00 $110.00 $200.00 $200.00 $160.00 $180.00 $120.00 Labor Subtotal: $5,600 $6,720 $15,870 $23,920 $31,800 $0 $18,630 $14,500 $12,000 $2,860 $6,000 $17,600 $5,920 $24,480 $15,720 $0 Annual Escalation Rate: 1.0%

See note 1
SUBCONSULTANT/VENDOR SERVICES Amount % DBE? Contract Duration (Years): 1.00 LABOR: $201,620
Lin Consulting- Electrical $53,423 12.0% Y
Simbiotek $10,350 2.3% Y OTHER DIRECT COSTS Quant Unit Price Amount Maffeis $179,445 40.3% N Printing & Repro 11x17 0 Copies $0.10 $0

0.0% N Printing & Repro 8.5x11 0 Copies $0.05 $0

0.0% N Mileage 300 Miles $0.55 $165

0.0% N Shipping & Delivery 0 Each $49.00 $0

0.0% N Miscellaneous 1 LS $100.00 $100

0.0% N Airfare/Lodging 0 LS $0.00 $0

0.0% N $0

0.0% N $0
$0
Subtotal - SUBCONSULTANT SERVICES: $243,218 54.6% OTHER DIRECT COSTS: $265 SUBCONSULTANT/VENDOR SERVICES: $243,218
DBE Participation: $63,773 14.3% BASE BUDGET:

ADDITIONAL SERVICES BUDGET:

TOTAL BUDGET:
$445,103
$0
Prime Consultant Markup $0 0.0% $445,103

Notes:

1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year.

Page 582 of 1063 ends

Page 2 of 4 ends

Contract No. XXXXXXX
T.Y. LIN INTERNATIONAL

PROJECT TITLE

BUDGET WORKSHEET
TYLI T+M Budget Template-Menifee Amphitheater - FINAL4.xls Printed: 5/24/2021

Date: 5/24/21
Consultant Firm: Lin Consulting- Electrical
Project Title: Menifee Central Park Amphitheater
Project Number: 701355
Client Reference: 0

Task/Subtask

Description

Activity

WBS or
Activity
Code
Estimated Labor Hours

Hours

Total Labor
Amount

Raw Labor
Amount

Sun, William
Principal QA/QC

Galura, Rey
Sr. Proj. Manager

Wang, George
Senior Engineer

Jongjitsamrit,
Veethima Project
Engineer

Silvestre,
Angelique
Project Engineer

Technical
Support

1.0 Project Management

1.1 PM/Project Accounting/Documentation/etc. 8 8 $466 $466

1.2 QA/QC 4 4 $860 $860

1.3 Meetings 0 0 $0 $0
TASK SUBTOTAL: 4 0 0 0 0 8 0 0 0 0 0 0 0 0 0 12 $1,326 $1,326

2.0 Preliminary Engineering

2.1 Environmental Studies 0 $0 $0

2.2 Preliminary Architectural Design 0 $0 $0

2.3 Preliminary Design Meetings 4 4 $671 $671

2.4 QA/QC 8 8 $1,341 $1,341
TASK SUBTOTAL: 0 12 0 0 0 0 0 0 0 0 0 0 0 0 0 12 $2,012 $2,012

3.0 Pre-Final Design Engineering

3.1 Environmental NOE 0 $0 $0

3.2 Pre-Final Architectural Design 0 $0 $0

3.3 Pre-Final Structural Design 0 $0 $0

3.4 Independent Check Structural Design 0 $0 $0

3.5 Pre-Final Electrical Design 28 60 80 50 218 $24,407 $24,407

3.6 Specs, Qty, & Estimate 16 4 14 34 $3,882 $3,882

3.7 Pre-Final Design Meetings 8 4 12 $1,725 $1,725

3.8 QA/QC 16 8 24 $4,782 $4,782
TASK SUBTOTAL: 16 60 60 88 50 14 0 0 0 0 0 0 0 0 0 288 $34,797 $34,797

4.0 Final Design / RFC Engineering

4.1 Respond to Comments 4 4 $671 $671

4.2 Final Architectural Design 0 $0 $0

4.3 Final Structural Design 0 $0 $0

4.4 Specs, Qty, Estimate 12 16 20 20 68 $7,670 $7,670

4.5 Meetings 4 4 $671 $671

4.6 QA/QC 0 12 12 12 12 0 48 $5,729 $5,729
TASK SUBTOTAL: 0 32 28 32 32 0 0 0 0 0 0 0 0 0 0 124 $14,740 $14,740

0 $0 $0
OPTIONAL TASKS SUBTOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0

Total Hours:

Raw Labor Rate:
20 104 88 120 82 22 0 0 0 0 0 0 0 0 0 436 $52,876
436 $52,876
$215.04 $167.68 $134.40 $96.00 $79.36 $58.24
Multiplier (incl. OH + Profit): 1.00 Billing Rate: $215.04 $167.68 $134.40 $96.00 $79.36 $58.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor Subtotal: $4,301 $17,439 $11,827 $11,520 $6,508 $1,281 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Escalation Rate: 1.0%

See note 1
2nd TIER SUBCONSULTANT/VENDOR SERVICES Amount % DBE? Contract Duration (Years): 1.00 Sub a $0 0.0% N LABOR: $52,876
Sub b 0.0% N
Sub c

0.0% N OTHER DIRECT COSTS Quant Unit Price Amount
Sub d 0.0% N Printing & Repro 11x17 10 Copies $0.10 $1 Sub e 0.0% N Printing & Repro 8.5x11 10 Copies $0.05 $1 Sub f 0.0% N Mileage 10 Miles $0.55 $6
Sub g 0.0% N Shipping & Delivery 10 Each $49.00 $490
Sub h 0.0% N Miscellaneous 10 LS $5.00 $50
Sub i 0.0% N Airfare/Lodging LS $750.00 $0
Sub j 0.0% N $0
Sub k 0.0% N $0
Sub l 0.0% N $0
$0
Subtotal - SUBCONSULTANT SERVICES: $0 0.0% OTHER DIRECT COSTS: $547 SUBCONSULTANT/VENDOR SERVICES: $0
DBE Participation: $0 0.0% TOTAL BUDGET: $53,423

Notes:

1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year.

Page 583 of 1063 ends

Page 3 of 4 ends

Contract No. XXXXXXX
T.Y. LIN INTERNATIONAL

PROJECT TITLE

BUDGET WORKSHEET
TYLI T+M Budget Template-Menifee Amphitheater - FINAL4.xls Printed: 5/24/2021

Date: 5/24/21
Consultant Firm: Simbiotek
Project Title: Menifee Central Park Amphitheater
Project Number: 701355
Client Reference: 0

Task/Subtask

Description

Activity

WBS or
Activity
Code
Estimated Labor Hours

Hours

Total Labor
Amount

Raw Labor
Amount

Last, First
Principal Br Eng

Last, First
Sup Br Eng

Last, First
Sr Br Eng I

Last, First
Asst. Bridge Eng

Last, First
Sr Eng II

Last, First
Design Tech III

Last, First
Design Tech II

Last, First
Proj Accountant

Last, First
Proj. Admin

1.0 Project Management

1.1 PM/Project Accounting/Documentation/etc. 0 $0 $0

1.2 QA/QC 0 $0 $0

1.3 Meetings 0 $0 $0
TASK SUBTOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0

2.0 Preliminary Engineering

2.1 Environmental Studies 0 $0 $0

2.2 Preliminary Architectural Design 0 $0 $0

2.3 Preliminary Design Meetings 0 $0 $0

2.4 QA/QC 0 $0 $0
TASK SUBTOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0

3.0 Pre-Final Design Engineering

3.1 Environmental NOE

3.2 Pre-Final Architectural Design 44 44 $6,600 $6,600

3.3 Pre-Final Structural Design 0 $0 $0

3.4 Independent Check Structural Design 0 $0 $0

3.5 Pre-Final Electrical Design 0 $0 $0

3.6 Specs, Qty, & Estimate 4 4 $600 $600

3.7 Pre-Final Design Meetings 6 6 $900 $900

3.8 QA/QC 4 4 $600 $600
TASK SUBTOTAL: 0 58 0 0 0 0 0 0 0 0 0 0 0 0 0 58 $8,700 $8,700 0 $0 $0

4.0 Final Design / RFC Engineering

4.1 Respond to Comments 3 3 $450 $450

4.2 Final Architectural Design 4 4 $600 $600

4.3 Final Structural Design 0 $0 $0

4.4 Specs, Qty, Estimate 0 $0 $0

4.5 Meetings 2 2 $300 $300

4.6 QA/QC 2 2 $300 $300
TASK SUBTOTAL: 0 11 0 0 0 0 0 0 0 0 0 0 0 0 0 11 $1,650 $1,650

0 $0 $0
OPTIONAL TASKS SUBTOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0

Total Hours:

Raw Labor Rate:
0 69 0 0 0 0 0 0 0 0 0 0 0 0 0 69 $10,350
69 $10,350
$150.00
Multiplier (incl. OH + Profit): 1.00 Billing Rate: $0.00 $150.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor Subtotal: $0 $10,350 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Escalation Rate: 1.0%

See note 1
2nd TIER SUBCONSULTANT/VENDOR SERVICES Amount % DBE? Contract Duration (Years): 1.00 Sub a 0.0% N LABOR: $10,350
Sub b 0.0% N
Sub c

0.0% N OTHER DIRECT COSTS Quant Unit Price Amount
Sub d 0.0% N Printing & Repro 11x17 0 Copies $0.10 $0
Sub e 0.0% N Printing & Repro 8.5x11 0 Copies $0.05 $0 Sub f 0.0% N Mileage 0 Miles $0.55 $0
Sub g 0.0% N Shipping & Delivery 0 Each $49.00 $0
Sub h 0.0% N Miscellaneous 0 LS $5.00 $0
Sub i 0.0% N Airfare/Lodging 0 LS $750.00 $0
Sub j 0.0% N $0
Sub k 0.0% N $0
Sub l 0.0% N $0
$0
Subtotal - SUBCONSULTANT SERVICES: $0 0.0% OTHER DIRECT COSTS: $0 SUBCONSULTANT/VENDOR SERVICES: $0
DBE Participation: $0 0.0% TOTAL BUDGET: $10,350

Notes:

1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year.

Page 584 of 1063 ends

Page 4 of 4 ends

Contract No. XXXXXXX
T.Y. LIN INTERNATIONAL

PROJECT TITLE

BUDGET WORKSHEET
TYLI T+M Budget Template-Menifee Amphitheater - FINAL4.xls Printed: 5/24/2021

Date: 5/24/21
Consultant Firm: Maffeis
Project Title: Menifee Central Park Amphitheater
Project Number: 701355
Client Reference: 0

Task/Subtask

Description

Activity

WBS or
Activity
Code
Estimated Labor Hours

Hours

Total Labor
Amount

Raw Labor
Amount

Principal Br Eng

Sup Br Eng

Sr Br Eng I

Design Tech III

Design Tech II

Proj Accountant

Proj. Admin

Last, First
Proj Accountant

Last, First
Proj. Admin

1.0 Project Management

1.1 PM/Project Accounting/Documentation/etc. 5 15 15 20 15 30 100 $12,925 $12,925

1.2 QA/QC 10 10 20 $3,200 $3,200

1.3 Meetings 0 $0 $0
TASK SUBTOTAL: 5 25 15 30 0 0 0 15 30 0 0 0 0 0 0 120 $16,125 $16,125

2.0 Preliminary Engineering

2.1 Environmental Studies 0 $0 $0

2.2 Preliminary Architectural Design 0 $0 $0

2.3 Preliminary Design Meetings 5 5 5 15 $2,600 $2,600

2.4 QA/QC 3 0 3 6 $960 $960
TASK SUBTOTAL: 5 8 0 3 5 0 0 0 0 0 0 0 0 0 0 21 $3,560 $3,560

3.0 Pre-Final Design Engineering

3.1 Environmental NOE 0 $0 $0

3.2 Pre-Final Architectural Design 0 $0 $0

3.3 Pre-Final Structural Design 16 50 50 95 95 151 151 608 $78,900 $78,900

3.4 Independent Check Structural Design 5 10 10 20 20 65 $10,400 $10,400

3.5 Pre-Final Electrical Design 0 $0 $0

3.6 Specs, Qty, & Estimate 5 6 6 35 35 50 50 187 $23,540 $23,540

3.7 Pre-Final Design Meetings 6 10 10 10 36 $5,900 $5,900

3.8 QA/QC 12 12 12 12 48 $7,680 $7,680
TASK SUBTOTAL: 32 88 78 172 172 201 201 0 0 0 0 0 0 0 0 944 $126,420 $126,420

4.0 Final Design / RFC Engineering

4.1 Respond to Comments 2 8 8 22 22 62 $9,720 $9,720

4.2 Final Architectural Design 0 $0 $0

4.3 Final Structural Design 2 5 5 15 15 30 30 102 $12,600 $12,600

4.4 Specs, Qty, Estimate Comment Responses 1 3 3 6 6 13 13 45 $5,620 $5,620

4.5 Meetings 3 3 3 9 $1,560 $1,560

4.6 QA/QC 6 6 6 6 24 $3,840 $3,840
TASK SUBTOTAL: 8 25 22 49 52 43 43 0 0 0 0 0 0 0 0 242 $33,340 $33,340

0 $0 $0
OPTIONAL TASKS SUBTOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0

Total Hours:

Raw Labor Rate:
50 146 115 254 229 244 244 15 30 0 0 0 0 0 0 1327 $179,445 1327 $179,445
$200.00 $170.00 $170.00 $150.00 $150.00 $100.00 $100.00 $85.00 $85.00 Multiplier (incl. OH + Profit): 1.00 Billing Rate: $200.00 $170.00 $170.00 $150.00 $150.00 $100.00 $100.00 $85.00 $85.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor Subtotal: $10,000 $24,820 $19,550 $38,100 $34,350 $24,400 $24,400 $1,275 $2,550 $0 $0 $0 $0 $0 $0 $0 Annual Escalation Rate: 1.0%

See note 1
2nd TIER SUBCONSULTANT/VENDOR SERVICES Amount % DBE? Contract Duration (Years): 1.00 Sub a 0.0% N LABOR: $179,445
Sub b 0.0% N
Sub c

Notes:

1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year.

Page 585 of 1063 ends

Neil Winter Amphitheaer
City of Menifee
May 24, 2021
ID Task Name
1 Pre-Task 0.1 Survey and Utility Identification (others scope) 2 Pre-Task 0.2 Geotechnical Investigations and Draft Report (others scope) 3 4 Notice to Proceed 6/3/2021 (Council 6/2)
Duration
40 days

40 days

0 days
Start
Mon 5/24/21

Mon 5/24/21

Thu 6/3/21
Finish
Fri 7/16/21
Fri 7/16/21

Thu 6/3/21
Predecessors May June July August Septem October NovembDecembJanuary FebruarMarch April May June July August Septem October N Pre-Task 0.1 Survey and Utility Identification (others scope)

Pre-Task 0.2 Geotechnical Investigations and Draft Report (others scope) 5 Task 1 Project Management
6 PMP, QMP, Contracting, Subcontracting
11 days
10 days
Thu 6/3/21 Thu 6/17/21
Thu 6/3/21 Wed 6/16/21 4

PMP, QMP, Contracting, Subcontracting
7 Kickoff Meeting 1 day Thu 6/17/21 Thu 6/17/21 6

Kickoff Meeting
8 Task 2 Preliminary Engineering
9 Task 2.1 Environmental EIR Review
10 Task 2.2 Preliminary Architectural Design
11 Task 2.3 Preliminary Design Meetings
12 Task 2.4 QA/QC
13 Submit Task 2 Items
14 City Review
46 days
1 day

30 days

15 days

5 days

1 day

10 days
Fri 6/18/21
Fri 6/18/21
Fri 6/18/21
Fri 7/9/21
Fri 7/30/21
Fri 8/6/21
Mon 8/9/21
Fri 8/20/21 4
Fri 6/18/21 7

Thu 7/29/21 7

Thu 7/29/21 7FS+15 days
Thu 8/5/21 10,11,9,1,2
Fri 8/6/21 12

Fri 8/20/21 13

Task 2.1 Environmental EIR Review

Task 2.2 Preliminary Architectural Design
Task 2.3 Preliminary Design Meetings
Task 2.4 QA/QC
Submit Task 2 Items
City Review
15 Task 3 Pre-Final Design Engineering 146 days Mon 8/9/21 Mon 2/28/22 16 Task 3.1 Final Environmental Permitting and Final Report 17 Task 3.2 Pre-Final Architectural Design
18 Task 3.3 Pre-Final Structural Design
19 Task 3.4 Independent Structural Review
20 Task 3.5 Pre-Final Electrical Design
21 Task 3.6 Specifications, Quantities, and Estimates

20 days

40 days

60 days

25 days

60 days

10 days

Mon 8/9/21
Mon 8/23/21
Mon 8/23/21
Mon 11/1/21
Mon 8/23/21
Mon 12/6/21

Fri 9/3/21 13

Fri 10/15/21 14

Fri 11/12/21 14

Fri 12/3/21 18FS-10 days
Fri 11/12/21 14
Fri 12/17/21 16,17,18,19,20

Task 3.1 Final Environmental Permitting and Final Report Task 3.2 Pre-Final Architectural Design
Task 3.3 Pre-Final Structural Design

Task 3.4 Independent Structural Review
Task 3.5 Pre-Final Electrical Design
Task 3.6 Specifications, Quantities, and Estimates
22 QAQC 15 days Mon 12/20/21 Fri 1/7/22 21 QAQC
23 DESIGN DEVELOPMENT SUBMITTAL
24 CITY REVIEW
25 Task 3.7 Pre-Final Meeting, COMMENT RESOLUTION
26 Task 3.8 Quality Control / Quality Assurance
27 Submit Task 3 Items
28 City Pre Qual Contractors

29 Task 4 Final Design Engineering
30 Task 4.1 Comment Incorporation, Comment Response
31 Task 4.2 Final Architectural Design
32 Task 4.3 Final Structural Design
33 Task 4.4 Final Specifications, Quantities, and Estimates 34 Task 4.5 Quality Control and Quality Assurance
35 SUBMIT TASK 4 ITEMS FINAL
36 37 CITY FINAL RFP

1 day

15 days

5 days

1 day

10 days

57 days

5 days

15 days

20 days

5 days

1 day

5 days

Fri 1/7/22
Mon 1/10/22
Mon 1/31/22
Mon 2/7/22
Mon 2/14/22
Tue 2/15/22
Tue 2/15/22
Tue 2/15/22
Tue 2/22/22
Tue 2/22/22
Tue 3/22/22
Tue 3/29/22
Tue 4/5/22

Wed 4/6/22

Fri 1/7/22 22FS-1 day
Fri 1/28/22 23
Fri 2/4/22 24

Fri 2/11/22 25

Mon 2/14/22 26

Mon 2/28/22 27
Wed 5/4/22
Mon 2/21/22 27
Mon 3/14/22 30

Mon 3/21/22 30

Mon 3/28/22 32,30,31

Mon 4/4/22 33

Tue 4/5/22 34

Tue 4/12/22 35

DESIGN DEVELOPMENT SUBMITTAL

CITY REVIEW
Task 3.7 Pre-Final Meeting, COMMENT RESOLUTION
Task 3.8 Quality Control / Quality Assurance
Submit Task 3 Items
City Pre Qual Contractors

Task 4.1 Comment Incorporation, Comment Response
Task 4.2 Final Architectural Design
Task 4.3 Final Structural Design

Task 4.4 Final Specifications, Quantities, and Estimates Task 4.5 Quality Control and Quality Assurance
SUBMIT TASK 4 ITEMS FINAL

CITY FINAL RFP

38 CITY SELECTES CONTRACTOR

15 days Wed 4/13/22

Tue 5/3/22 37,28

CITY SELECTES CONTRACTOR

39 BREAK GROUND

1 day

Wed 5/4/22

Wed 5/4/22 38

BREAK GROUND

Project: Neil Winter Amphitheater
Date: 5/24/2021

Task
Critical Task
Milestone
Summary
Rolled Up Task

Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks

Project Summary
Group By Summary
Inactive Milestone
Inactive Summary
Manual Task

Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only

External Tasks
External Milestone
Progress
Deadline

Page 1 ends

Page 586 of 1063 ends

AMENDMENT NO. 1 TO
AGREEMENT BETWEEN T.Y.LIN INTERNATIONAL
AND THE CITY OF MENIFEE FOR CIP 19-15: CENTRAL PARK AMPHITHEATER

PROFESSIONAL DESIGN, ENGINEERING, & ARCHITECTURAL SERVICES FOR THE

CENTRAL PARK NEIL WINTER AMPHITHEATER PROJECT

This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and T.Y. LIN INTERNATIONAL (“Consultant”) for CIP 19-15: CENTRAL PARK AMPHITHEATER

PROFESSIONAL DESIGN, ENGINEERING, & ARCHITECTURAL SERVICES FOR THE CENTRAL PARK NEIL WINTER AMPHITHEATER PROJECT which Amendment No. 1 is made and entered into on ______________, 2022 to extend the term of services as indicated below:

1. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the June 1, 2022 and shall end on May 31, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

2. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: 0E986893-62E1-4BE3-8AFF-CFBF6148852A Item Title: 10.17
Agreement Amendment for the Design, Engineering, and Architectural Services for the Central Park Amphitheater Item Page Number: 42
Menifee Mayor and City Council June 1, 2022

Page 587 of 1063 ends

Professional Services Amendment No. No. 1 with T.Y.LIN INTERNATIONAL CITY OF MENIFEE T.Y.LIN INTERNATIONAL

_______________________________ _______________________________ Armando G. Villa, City Manager Jim Rucker, Vice President

Attest: ________________________________
Clark Fernon, Vice President

_______________________________
Stephanie Roseen, Acting City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

Page 588 of 1063 ends

CITY OF MENIFEE
SUBJECT: Sun City Community Pedestrian Improvement Project Bid Rejection
MEETING DATE: June 1, 2022
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Reject all bids submitted for the Sun City Community Pedestrian Improvement Project, located along Cherry Hills Boulevard and Bradly Road, Capital Improvement Project No. CIP22-20.

DISCUSSION
The Sun City Community Pedestrian Improvement Project consists of improvements to 23 accessible curb ramps along Cherry Hills Boulevard and Bradly Road to comply with American Disabilities Act (ADA) requirements, curb, gutter, cross gutters, and striping improvements. In June 2021, the Riverside County Transportation Commission (RCTC) approved the Project for funding under the Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program. The Project was approved for funding in the amount of $183,886, or 50% of the total estimated cost of $367,772 at the time of application. The funding was approved with a local match requirement for the remaining cost of $183,886.

In May 2022, staff solicited bids for the construction of the Sun City Community Pedestrian Improvement Project through PlanetBids. The City received a total of two bids summarized in Table 1 below:

Table 1- Bid Results Summary
Bidders (Lowest to Highest) Total Bid
LC Paving & Sealing, Inc. $416,732.50
Calpromax Engineering $528,480.00
Item Title: 10.18
Sun City Community Pedestrian Improvement Project Bid Rejection Item Page Number: 1
Menifee Mayor and City Council June 1, 2022

Page 589 of 1063 ends

City of Menifee Staff Report
CIP 22-20 Bid Rejection
June 1, 2022

Page 2 of 3 ends

1 0
1 2
The project’s construction cost was originally estimated at $367,771 during the SB 821 application cycle based on costs from completed projects of a similar scope. Using the lowest bid amount and including other construction items, the project cost is anticipated at approximately $482,405.50.

The total construction costs are significantly higher than the available funding approved for this project as shown in Table 2 below.

Table 2- Available Project Budget Summary
Funding Source Project Account
Number Available Balance
General Fund Sun City Community
Pedestrian Project 100-4555-58137 $183,886
Grant Fund
(SB 821 Approved
funding)
Sun City Community
Pedestrian Project 301-4555-58137 $170,926
Total $354,812
Given higher than expected construction costs in the bid responses, an additional $127,594 would be required to move forward with the project. Under the existing Reimbursement Agreement with RCTC, the maximum grant reimbursement amount allowed is $183,886. The City would be responsible to cover the remaining amount which would require an additional appropriation from the General Fund to proceed with this Project. As a result of receiving only two bids for the Project, staff determined that re-bidding would provide an opportunity to obtain additional bids for a more competitive selection.

Due to current market trends in labor and material costs, prices have significantly increased resulting increases in overall costs. To mitigate the potential for similar bid results, staff will make minor modifications to the Project’s plans. This would allow the City to maintain the Project scope without compromising the grant funding requirements. By re-bidding the project, the City is able to obtain a cost closer to the Project’s approved budget.

Public Contract Code § 20166 allows a legislative body in its discretion to reject any bids and readvertise. In an effort to accommodate the Project’s current available funding, the City must reject the submitted bids, and re-bid the project.

Re-bidding the project would not hinder the City’s ability to meet the grant-required project completion schedule. Upon completion of the re-bidding process, staff would present a recommendation for award at a later date. Below is a tentative schedule reflecting the changes to the re-bid date:

Anticipated Construction Start Date: August 10, 2022
Estimated Construction Completion Date: October 12, 2022 Estimated Council Acceptance Date: November 16, 2022
*Assumes no delays due to weather or unforeseen conditions.

Item Title: 10.18
Sun City Community Pedestrian Improvement Project Bid Rejection Item Page Number: 2
Menifee Mayor and City Council June 1, 2022

Page 590 of 1063 ends

City of Menifee Staff Report
CIP 22-20 Bid Rejection
June 1, 2022

Page 3 of 3 ends

1 0
1 2

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Location Map
Item Title: 10.18
Sun City Community Pedestrian Improvement Project Bid Rejection Item Page Number: 3
Menifee Mayor and City Council June 1, 2022

Page 591 of 1063 ends

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Project Site
0 0.1 0.19
Miles
Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\SunCityCommunityPedProject\SunCityCommunityPedProject\SunCityCommunityPedProject.aprx Date: 5/26/2022 Sun City Community Pedestrian Project (CIP 22-20)
Project Location Map
Item Title: 10.18
Sun City Community Pedestrian Improvement Project Bid Rejection Item Page Number: 4
Menifee Mayor and City Council June 1, 2022

Page 592 of 1063 ends

CITY OF MENIFEE
SUBJECT: City of Menifee Fiscal Year 2022/2023 Budget Adoption MEETING DATE: June 1, 2022
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a Resolution approving the Fiscal Year 2022/2023 Budget; and

2. Adopt a Resolution approving the GANN Appropriations Limit; and

3. Adopt a Resolution approving the Classification and Compensation Plan known as the Authorized Position Listing.

DISCUSSION
As a municipal government, the City of Menifee currently operates on a Fiscal Year (FY) budget cycle of July 1 st through June 30 th. Each year the City prepares a budget plan identifying the projected revenues and expenditures for the upcoming fiscal year, analyzed, organized, and recommended to best serve the needs of the diverse Menifee community.

In development of the annual budget, the City’s principal foundation is to produce a recommended structurally balanced budget that deliberately concentrates on the City’s strategic priorities and fiscal policies. The following key components of the process are reviewed and analyzed:
Economic outlook and impacts to the proposed budget (national, regional, and local trends)
Long Term Financial Planning
Revenue Analysis (current year’s trends, forecast increases/decreases or changes) Expenditure Analysis
Staffing/personnel requests
Proposed CIP Program and upcoming 5-Year CIP Program
American Rescue Plan (ARP) Funds*
Strategic Plan Implementation
Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 1
Menifee Mayor and City Council June 1, 2022

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*As presented in June 2021, the City has received just over $13 million in direct federal assistance as part of the American Rescue Plan (ARP) program. Funding is to be used to address the impacts of COVID-19. This staff reports provides a summary of the City’s ARP expenditures to date, and a preliminary plan for use of a portion of the remaining funds.

Budget Development Process & Timeline
The City’s annual budget process/timeline is summarized in Table 1 below.

TABLE 1: Budget Development Timeline
Description Month
Early January Citywide Budget Kickoff Meeting
February Preliminary Revenue Estimates
March-April City Department Submittals & Review
April Preliminary Budget Finalized
May Quality of Life (Measure DD) Committee Meeting, Budget Workshop, Planning Commission
June Budget Adoption
Commission/Committee Recommendations
Annually, the Quality of Life (Measure DD) proposed budget is presented to the Quality of Life (Measure DD) Committee and the Capital Improvement Program (CIP) is presented to the Planning Commission for conformance to the City’s General Plan.

Recommendations from the City’s Commissions and/or Committees are included below as follows:
- On April 26, 2022, the Quality of Life (Measure DD) Committee voted 5-0 to recommend the City Council approve, as proposed, the Quality of Life (Measure DD) Budget for FY 2022/2023
- On May 11, 2022, the Planning Commission voted 4-0-1 to determine the FY 2022-23 Capital Improvement Program (CIP) is consistent with the City’s General Plan (one commissioner absent).

Economic Outlook
The proposed FY 2022/2023 budget illustrates revenue projections and baseline projections for the new fiscal year reflective of continued economic growth, albeit at a more moderate pace, for the regional and local economy.

Nationally, the economy continues to face historic 40-year record inflation and price increases.

As the economy faces the impacts of geopolitical conflicts affecting key markets, including the energy, steel, iron, wheat, and fertilizer, in conjunction with continued supply and labor market shortages and bottlenecks, overall economic forecasts point to strong but slowing economic growth, with anticipated 2022 of 4.3% and 2023 of 2.8% Gross Domestic Product (GDP) growth compared to the 2021 growth of 5.7% (UCLA Anderson Forecast, March 2022). Consumer Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 2
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pessimism continues to increase as high inflation persists. As the Federal Reserve looks to reigning in inflation by increasing interest rates, the economy as a whole could experience decreased economic growth.

Regionally, the Inland Empire’s labor market continues to steadily recover from the COVID-19 pandemic, adding 185,600 jobs since it hit bottom in April 2020 (gaining back roughly 83% of total jobs lost between February and April of last year), but has not fully recovered to pre-pandemic levels. The regional unemployment rate has improved to 6.2% but has not reached the 4% rate prior to the pandemic. Overall, the UCR Center for Economic Forecasting near-term outlook for business activity is positive with steady growth. Transportation and warehousing have particularly contributed to the region’s recovery over the past year.

During FY 2021/2022, the City continues to experience consistent and robust growth in both residential and commercial development activity.

Economic conditions will continue to be closely monitored and factored during the implementation of the adopted Operating and Capital Budgets for FY 2022/2023. During the mid-year review process, tentatively scheduled for January/February 2023, the City will review any significant changes in economic conditions and their respective impact on the City’s revenues.

Long Term Financial Planning
Year to year, and even in times of economic prosperity, the City’s concerted approach to its spending plans continue to be that of fiscal prudence and assessing the needs of the Menifee community now and in the future. Therefore, in its budgetary oversight and implementation of the City’s vision to build a safe, thriving and premier place to live, work and call home, the City consciously budgets in anticipation of what will be needed tomorrow, with key focus/efforts on the following:
Reserve Policy: In September of 2021, Council reviewed the City’s current Reserve Fund Policy and approved an update to increase the reserve percentage from 25% to 35%.

Pursuant to the adopted revised policy, the City plans to review the policy every three (3) years, and tentatively has considered increasing the Reserve Fund percentage to 40% in FY2024/2025.
Unfunded Pension Liability: The City proactively pays off any annual unfunded pension liability adjustments and currently does not have any outstanding unfunded pension liability balance. The proposed Fiscal Year 2022/2023 budget includes full payment of the City’s pension liability of the upcoming fiscal year budgeted at $438,522, an approximate increase of 13.45% or $52,000 from last year’s cost.
Infrastructure Needs: With an adopted five-year CIP Program identifying over 150 projects and estimated at $577 million, the City continues to strategize on funding the wide range of infrastructure needs, year by year.

Revenue Analysis
The top five budgeted revenue sources for the General Fund, inclusive of Quality of Life (Measure DD), consist of:
Sales Tax, $11,573,350 & Quality of Life (Measure DD), $18,126,000 Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 3
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Property Tax, $19,131,508
Franchise Fees, $4,390,000
Development Permitting Fees (Building, Fire Inspection, Engineering and Planning), $13,615,000 and
Vehicle License Fees (VLF), $9,423,677
Together, these five revenue sources represent 88.61% of the recommended budgeted General Fund and Quality of Life (Measure DD) revenues.

Both Sales Tax and Property Tax revenue receipts have trended steady increases throughout the course of FY2021/22. In review for FY 2022/2023 projects, both are projected to experience increases from the FY2021/2022 adopted budget. Sales Tax is forecast to increase by 10.01%, or $1.7 million higher. Property Tax is projected to increase by 10.01%, or $1,740,414 from last year’s adopted revenue amount. Sales Tax revenue continues to increase reflecting the overall good health of the local economy, as well as expanded businesses serving the Menifee community. Nationally, the impacts of inflation and rising prices are incorporated into a slower growth into 2023 (HdL projections (Sales and Property Tax Consultant)). Similarly, Property Tax revenue continues to experience consistent growth as existing and new residential and commercial property appreciate in value.

The Quality of Life (Measure DD) revenue continues to provide integral funding to the city serving as a key funding source for public safety and infrastructure services and projects. The proposed FY 2022/2023 budget reflects Quality of Life (Measure DD) revenue of $18,126,000, a 22.67% or $3.35 million increase from the adopted FY 2021/2022 budget. Forecast revenues reflect estimates based on year-to-date actual trends, with slower growth, to account for the impact of the overall national economy and inflationary situation.

Franchise Fee revenues, including electric, solid waste, and natural gas are forecast to increase by 10.16% or $450,000 for the FY2021/22 adopted budget based on year-to-date actual trends.

Solid Waste and electric franchise revenues, in particular, have experienced steady growth during the current year. Cable TV franchise revenue is projected to decrease based on historical trends as well as overall national trends of Cable TV customers transitioning to streaming services.

Development/Permitting Fee revenue is proposed as a small decrease from the FY2021/2022 adopted budget, of .53% or $72,000. Revenue projections are conservative to allow for any development slowdown caused by inflation, rate increases, and price increases to building.

Various commercial projects are anticipated to be constructed during FY2022/2023, as well as several industrial projects, currently under environmental review, that are expected to move through the entitlement process in the 3 rd and 4th quarter of FY2022/2023. While the City’s development activity continues to be busy through May, as FY 2022/2023 commences, staff will review any significant changes in development revenue and provide adjustment recommendations during the mid-year review process.

Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 4
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Expenditure Analysis
In development of the expenditure side of the budget plan, the City incorporates analysis of the following areas:

The total proposed FY2022/2023 General Fund and Quality of Life (Measure DD) budget expenditures are $86,059,273 consisting of the following two (2) main components. -Operating Budget (General Fund/Measure DD), Proposed FY2022/2023 $85,459,273 oOperations & Maintenance Costs
oPersonnel Costs
oContract Services
oCapital Outlays
-Capital Budget (General Fund/Measure DD), Proposed FY2022/2023 $600,000 oInfrastructure Projects
The proposed FY2022/2023 Operating Budget (General Fund & Quality of Life (Measure DD) budget of $85,459,273 reflects $83,241,063 of recurring revenue and expenditures, reflecting a structurally balanced budget, and $2,218,210 of one-time capital outlays, studies, and projects.

The most significant increase in the proposed Operating Budget is an increase to the fire contract services. The proposed budget for Fire is proposed to increase by $3.8 million. The main cause of the increase is the addition of a new medic squad (adding three (3) firefighters (engineers), three (3) paramedics, related support staff, and the addition of one fire safety specialist to the Fire Marshal’s office, and one EMS Specialist to support public safety outreach efforts.

Additionally, FY2022/2023 personnel costs for Menifee Police Department (PD) reflect full year costs of the updated workforce of 118 (91 sworn, 27 professional) as approved with the addition of 15 additional personnel during the FY 2021/22 mid-year budget review process.

Staffing/Personnel
As part of the annual budget process, departments review organizational structure and operations and identify any personnel needs required for the upcoming fiscal year.

The proposed FY 2022/2023 budget incorporates a total of 315.40 FTE (Full Time Equivalent) personnel, reflecting a net increase of 12.75 FTE.

TABLE 2: FY 2022/2023 New Personnel Requests
Department Position Title FTE
City Executive Office Public Information Specialist 1.00 Building & Safety Permit Center Coordinator 1.00
Building & Safety Building Inspector (1.00)
Finance Principal Accountant 1.00
Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 5
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Department Position Title FTE
Finance Senior Accountant 1.00
Finance Accountant Trainee 1.00
Finance Administrative Assistant 1.00
Information Technology Audio Visual (AV) Coordinator 1.00 Community Development
Part-Time Management Aide (Limited Term)
(FUNDED THRU ARPA FUNDING TO SUPPORT HOME REPAIR

ASSISTANCE PROGRAM)

0.50 Community Services Park Maintenance Worker II
(100% FUNDED BY SPECIAL DISTRICTS (LLMD/CFD) 1.00
Community Services Facilities Maintenance Worker II 1.00 Community Services Part-Time Community Services Specialist 2.25 Public Works/Engineering Senior Engineer (Part-Time) 0.50 Public Works/Engineering Assistant Engineer 1.00
Public Works/Engineering Fleet Services Worker 1.00
Public Works/Engineering Building Project Manager(Retired Annuitant) (0.50) TOTAL 12.75
The new personnel requests reflect staffing needs in the following areas:
Communications (City Executive Office & Information Technology (IT)) - As the City continues to expand its direct communication efforts with the Menifee community, the new personnel would directly support multi-media programming and outreach efforts, including development of the City’s Public, Education and Government (PEG) Access Channel. Financial Accounting & Reporting (Finance Department) - As the City’s operations and services continue to expand to meet the needs of the growing community, the quantity of financial transactions, support and reporting requirements also continues to increase. The requested positions will provide support to the City’s Finance Department, who process transactions for all City departments and employees, of which have increased by 188.44 FTE employees from 126.96 FTE in FY18/19 (prior to opening the City’s Municipal Police Department) to the Proposed total of 315.40 FTE for FY22/23. Community Programs/Services (Community Services and Community Development) – Additional part-time and/or limited personnel staffing focused on providing direct staffing support to City recreation/programming services, park/landscape maintenance, as well as implementation of a home repair assistance program for income qualified households. Engineering Support (Engineering/Public Works) - Additional staffing requested to support high volume activity of both the land development engineering and CIP program divisions.

Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 6
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Internal Service - Fleet & Facilities Support (Fleet/Public Works) & Facilities/Community Services) - Additional staff requested shall provide support to the Fleet and Facilities divisions as the number of vehicles/equipment and facilities maintained by the City has increased over the past year.
Building & Safety Permitting Services Support (Building & Safety Department) – One (1) Building Inspector position will be eliminated and replaced with a Permit Center Coordinator to help augment the permitting services support already in place.

Lastly, several departments have submitted personnel reclassification requests as part of the budget process. The proposed FY2022/2023 budget includes the fiscal impact of the requested reclassifications. However, approval of the reclassifications would be contingent on further review/evaluation by the City Executive Office and Human Resources Department.

Proposed FY2022/2023 CIP Program
The proposed FY2022/2023 CIP Program includes 25 projects for a total cost of $18,329,003.

The proposed projects address high priority infrastructure needs of the community. The following tables summarize the proposed FY2022/2023 CIP Program and Five-Year CIP Program (FY2022/2023 through FY2026/2027) by Project Category:

TABLE 3: Proposed FY2022/2023 CIP Budget Summary By Project Category PROJECT CATEGORY # OF

PROJECTS
FY 2022/2023 PROJECT
COSTS
Transportation 6 $10,626,766
Traffic Signals 2 304,201
Street Improvements 3 500,626
Pavement Management 6 4,284,410
Drainage 0 0
Streetlight 1 100,000
Public Facilities 3 1,963,000
Parks, Trails, and Recreation 4 550,000
25 $18,329,003
TABLE 4: Proposed Five-Year (FY2022/2023 - FY2026/2027 CIP Budget Summary By Project Category
PROJECT CATEGORY # OF

PROJECTS
FY 2021-2026 PROJECT
COSTS
Transportation 31 $343,723,175
Traffic Signals 23 17,225,632
Street Improvements 26 20,493,291
Pavement Management 23 23,822,591
Drainage 9 18,763,000
Streetlight 4 2,600,000
Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 7
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Public Facilities 15 121,115,000
Parks, Trails, and Recreation 19 30,055,620
150 $577,798,309
American Rescue Plan (ARP) Funds
On March 11, 2021 Congress and the executive branch, passed the $1.9 trillion American Rescue Plan (ARP) economic stimulus plan intended to address the on-going impacts of the unprecedented COVID-19 pandemic. All local governments, including the City of Menifee received direct funding to help bridge budget shortfalls and mitigate the impacts of COVID-19.

The Act provides that the funds can be used for COVID-19 related expenses incurred between March 3, 2021 and December 31, 2024. Use of funds can be generally categorized into six (6) principal categories:

1. Support Public Health Response - Fund COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff.

2. Replace Public Sector Revenue Loss - Provide government services to the extent of the reduction in revenue experienced due to the pandemic. Revenue Loss is defined by Department of Treasury as a standard allowance of $10 million, or revenue loss using the established Federal formula.

3. Water & Sewer Infrastructure - Make necessary investments to improve access to clean drinking water and invest in wastewater and stormwater infrastructure.

4. Address Negative Economic Impacts - Respond to economic harm to workers, families, small businesses, impacted industries, and the public sector.

5. Premium Pay for Essential Workers - Offer additional support to those who have and will bear the greatest health risks because of their service in critical sectors.

6. Broadband Infrastructure - Make necessary investments to provide unserved or underserved locations with new or expanded broadband access.

The City of Menifee has been allocated a total of $13,213,674 in ARP funding. The first half (tranch), $6,606,837, was received in June 2021, and the second half is anticipated to be received in June 2022. To date, ARP funds have been used for the following purposes:

TABLE 5: American Rescue Plan (ARP) Approved Expenditures Through FY2021/22 Mid- Year
CATEGORY PROJECT DESCRIPTION AMOUNT ($)
Support Public Health
Response
Menifee PD: Micro-Robots $9,999
Replace Public Sector
Revenue Loss
(Government Services)
FY2021/22 Salaries (Personnel
Costs)
3,616,644
Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 8
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CATEGORY PROJECT DESCRIPTION AMOUNT ($)
Replace Public Sector
Revenue Loss
(Government Services)
Human Resources: Neo-Gov Training
Module
61,513
Replace Public Sector
Revenue Loss
(Government Services)
Information Technology: Smart Cities
& Broadband Master Plan
162,050
Support Public Health
Response
Mass Notification System - Would
provide a dedicated system/solution to
communicate with public regarding
public health (Covid-19) updates and
other emergency alerts
$120,000
Water & Sewer
Infrastructure
Holland Road Sewer & Recycled
Water Improvements - Adding
recycled water/sewer components for
existing properties.
500,000
Replace Public Sector
Revenue Loss
(Government Services)
Business Façade Improvement
Program - Provides direct economic
support to businesses to beautify and
improve the exterior of business sites.
500,000
Support Public Health
Response
City Hall/PD HQ Enhanced Cleaning
Services, PPE, Masks, Covid-19
Testing etc.
167,459
Replace Public Sector
Revenue Loss
(Government Services)
Purchase of City facility - Provides an
opportunity to use funding as one-time
use to help address/alleviate spacing
needs.
969,863
TOTAL $6,107,528
Plan for Use of Remaining Funds, $7,106,146
In February 2022, the Department of Treasury issued the corresponding Final Rule, outlining the governing requirements for the use of ARP funds.

Intended Use
The City has wide latitude for use of the funds, with the exception of some purposes such as pension payments that are restricted or not allowable. The City may direct that the funds are used for structural or ongoing uses, such as authorizing staffing, or for one-time uses in recognition that the funding provided under the Act is one-time money, or some combination of purposes.

Structural Use
The typical recommendation for one-time money is not for structural uses. However, the most recent recession experienced included a fairly rapid return of lost revenues and there is a reasonable expectation that the post-pandemic recovery will behave similarly, particularly for revenues such as the transient occupancy tax, i.e., hotel tax.

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One-time Use
At the discretion of the City Council, one-time money may be used for discrete projects rather than structural uses. Examples may include updates to facilities to prepare for post-pandemic uses. This option may also be combined with the structural use.

As part of the FY2022/23 budget, staff is recommending using ARP funds for the following high priority projects:

TABLE 6: American Rescue Plan (ARP) Proposed FY2022/2023 CATEGORY PROJECT DESCRIPTION AMOUNT ($)
Replace Public Sector
Revenue Loss
(Government Services)
Provide general government services
(public safety personnel costs) to
provide maximum spending flexibility.
$2,010,210
TOTAL $2,010,210
Including Tables 5 and 6, the remaining balance of ARP funds would be $5,095,936.

As the City navigates the impacts of Covid-19, short and long-term, the City’s plan and strategy for the use of these funds is a phased approach/plan and to maximize the use of the funding and truly meet the needs of the community. Cognizant of the requirements to expend all funding by December 2024, the City’s approach is fiscally conservative. Further, recognizing that these funds cannot be used for pension debt or reserves, but can be used to provide general government services (replace revenue loss as defined by the Department of Treasury), the City intends to use the funding for high priority projects/program and/or services. As the City develops its’ upcoming budget, the use of ARP funds will continue to be reviewed with specific recommendations brought for Council consideration and approval.

Strategic Plan Implementation:

In the development of the recommended FY2022/2023 budget, staff considered the City Council’s Strategic Plan (2018 - 2023) goals and has addressed them in the following ways:
Increased staffing for critical areas including public safety (fire services). Expanded communication efforts concentrated on meeting the needs of the diverse Menifee community.
Increased staffing in Finance to support all City services and operations, and continue City’s efforts as a responsive and transparent community government. Strategic Plan specific action items have been incorporated as part of the FY2022/2023 budget.

Safe &
Attractive
Community
Livable &
Economically
Prosperous
Community
Responsive &
Transparent
Community
Government
Accessible &
Interconnecte
d Community
Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 10
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Recommended FY2022/2023 Budget Summary
At the budget workshop held on May 4, 2022, City Council reviewed the proposed FY 2022/2023 Budget, including the capital improvement projects, for the City of Menifee.

City-wide Budget:

The proposed Citywide FY 2022/2023 budget, a financial plan of expenditures, totals $129,329,033 for all funds as detailed below, and supports 315.40 (289 full-time and 26.4 part- time) positions. The City’s General Fund operating budget, inclusive of Quality of Life Measure (previously known as Measure DD), totals projected revenues, transfers In and one-time Use of Fund Balance of $86,059,273 and total projected expenditures and capital projects of $86,059,273, resulting in a balanced budget.

General Fund & Quality of Life (Measure DD) Revenues:

The total General Fund Revenues are proposed at $64,913,063 (exclusive of Quality of Life Measure) with an additional $3,020,210 in transfers in from various funds for a total of $67,933,273. The anticipated revenues from Quality of Life Measure (Measure DD) are $18,126,000.

FUND PROPOSED REVENUES
General Fund $64,913,063
Quality of (Measure DD) 18,126,000
Transfers In 3,020,210
$86,059,273
General Fund & Quality of Life (Measure DD) Expenditures:

The General Fund Operating Expenditure Budget for FY 2022/2023 (exclusive of Quality of Life Measure) is proposed at $65,115,063 with an additional $2,818,210 in capital projects/outlays for total expenditures of $67,933,273. The Quality of Life Measure Operating Expenditure Budget for Fiscal Year 2022/2023 is estimated at $18,126,000. The total general fund expenditures, inclusive of Quality of Life Measure, of $86,059,273 represents an increase of 14.9% from the adopted FY 2021/2022 budget and a decrease of 15.7% from the adjusted FY 2021/2022 budget.

FUND PROPOSED EXPENDITURES
General Fund (Operating Budget) $65,115,063
General Fund (Capital Project) 2,818,210
Quality of (Measure DD) 18,126,000
$86,059,273
A copy of the total document is attached as well as being available at the City Clerk’s office and on the City’s website.

Total proposed appropriations by fund, for the FY 2022/2023 Budget are listed below:

TABLE 7: Proposed FY2022/2023 Citywide Budget Summary
Fund Fund Name Expenditures Revenues
100 General Fund $67,933,273 $67,933,273
Item Title: 12.1 City of Menifee Fiscal Year 2022/2023 Budget Adoption Item Page Number: 11
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