1 8
1 6
Table 1 - Original Posted Security - Improvements
Improvement Security No.
Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage TM5207444 $ 2,935,000 $ 1,467,500
Water System TM5207444 $ 605,000 $ 302,500
Recycled Water System TM5207444 $ 8,000 $ 4,000 Sewer System TM5207444 $ 623,500 $ 311,750
Total $ 4,171,500 $ 2,085,750
Table 2 - Original Posted Security - Monument Improvements Improvement Security No. Monument Bond
Survey Monuments 30027018 $ 111,960
Total $ 111,960
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2023/2024 operating budgets in Community Facilities District (CFD) 2012-
1. ATTACHMENTS
1. Project Map
2. Agreement – Streets and Drainage
3. Agreement – Water System
4. Agreement – Recycled Water
5. Agreement – Sewer System
6. Bond – Improvements
7. Agreement – Monuments
8. Bond – Monuments
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 2
Menifee Mayor and City Council
November 1, 2023
Page
112 of 365
Item Title: 10.7
Acceptance of Public Improvements and 90% Release of Security for Tract Map No. 36485-9, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 3
Menifee Mayor and City Council
November 1, 2023
Page
113 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 4
Menifee Mayor and City Council
November 1, 2023
Page
114 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 5
Menifee Mayor and City Council
November 1, 2023
Page
115 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 6
Menifee Mayor and City Council
November 1, 2023
Page
116 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 7
Menifee Mayor and City Council
November 1, 2023
Page
117 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 8
Menifee Mayor and City Council
November 1, 2023
Page
118 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 9
Menifee Mayor and City Council
November 1, 2023
Page
119 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 10
Menifee Mayor and City Council
November 1, 2023
Page
120 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 11
Menifee Mayor and City Council
November 1, 2023
Page
121 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 12
Menifee Mayor and City Council
November 1, 2023
Page
122 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 13
Menifee Mayor and City Council
November 1, 2023
Page
123 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 14
Menifee Mayor and City Council
November 1, 2023
Page
124 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 15
Menifee Mayor and City Council
November 1, 2023
Page
125 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 16
Menifee Mayor and City Council
November 1, 2023
Page
126 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 17
Menifee Mayor and City Council
November 1, 2023
Page
127 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 18
Menifee Mayor and City Council
November 1, 2023
Page
128 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 19
Menifee Mayor and City Council
November 1, 2023
Page
129 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 20
Menifee Mayor and City Council
November 1, 2023
Page
130 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 21
Menifee Mayor and City Council
November 1, 2023
Page
131 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 22
Menifee Mayor and City Council
November 1, 2023
Page
132 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 23
Menifee Mayor and City Council
November 1, 2023
Page
133 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 24
Menifee Mayor and City Council
November 1, 2023
Page
134 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 25
Menifee Mayor and City Council
November 1, 2023
Page
135 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 26
Menifee Mayor and City Council
November 1, 2023
Page
136 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 27
Menifee Mayor and City Council
November 1, 2023
Page
137 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 28
Menifee Mayor and City Council
November 1, 2023
Page
138 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 29
Menifee Mayor and City Council
November 1, 2023
Page
139 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 30
Menifee Mayor and City Council
November 1, 2023
Page
140 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 31
Menifee Mayor and City Council
November 1, 2023
Page
141 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 32
Menifee Mayor and City Council
November 1, 2023
Page
142 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 33
Menifee Mayor and City Council
November 1, 2023
Page
143 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 34
Menifee Mayor and City Council
November 1, 2023
Page
144 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 35
Menifee Mayor and City Council
November 1, 2023
Page
145 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 36
Menifee Mayor and City Council
November 1, 2023
Page
146 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 37
Menifee Mayor and City Council
November 1, 2023
Page
147 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 38
Menifee Mayor and City Council
November 1, 2023
Page
148 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 39
Menifee Mayor and City Council
November 1, 2023
Page
149 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 40
Menifee Mayor and City Council
November 1, 2023
Page
150 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 41
Menifee Mayor and City Council
November 1, 2023
Page
151 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 42
Menifee Mayor and City Council
November 1, 2023
Page
152 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 43
Menifee Mayor and City Council
November 1, 2023
Page
153 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 44
Menifee Mayor and City Council
November 1, 2023
Page
154 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 45
Menifee Mayor and City Council
November 1, 2023
Page
155 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 46
Menifee Mayor and City Council
November 1, 2023
Page
156 of 365
Item Title: 10.7
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
No.
36485-9,
Audie
Murphy
Ranch,
by
Sutter Mitland 01, LLC
Item Page Number: 47
Menifee Mayor and City Council
November 1, 2023
Page
157 of 365
CITY OF MENIFEE
SUBJECT: Agreement and Amendment for the Bradley Road Bridge Over Salt Creek Project, Capital Improvement Program
Project No. CIP 13-04
MEETING DATE: November 1, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 7 to the Professional Services Agreement (PSA) for Environmental & Design Services with NV5 for Bradley Road Bridge Over Salt Creek, Capital Improvement Program (CIP) Project No. CIP 13-04, in the not-to-exceed amount of $153,683; and
2. Approve and authorize the City Manager to execute a PSA for Construction Management and Inspection Services with Anser Advisory for the Project, in an amount not-to-exceed $2,253,619.42.
DISCUSSION
The Bradley Road Bridge Over Salt Creek project, CIP No. 13-04 (“Project”), proposes to replace the existing low-flow crossing of Bradley Road at Salt Creek with a 335 foot-long by 64 foot-wide all-weather bridge to accommodate the conveyance of 100-year flood flows. Additional improvements to Bradley Road Bridge project include access ramps on either side of the bridge abutments, major drainage improvements, relocation of the existing Salt Creek Trail crossing, bridge lighting, and striping. The Project area includes the segment of Bradley Road located just north of Rio Vista Drive and continues to just south of Potomac Drive.
Amendment No. 7 with NV5
In September 2015, the City entered into a professional services agreement (“Agreement”) with NV5 to provide services for the completion of the environmental and design phase of the Project.
Several amendments to the Agreement have been previously approved to adjust the Agreement term and update scope of work. Amendments Nos. 1, 2, and 4 were term extensions only, while Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 1
Menifee Mayor and City Council
November 1, 2023
Page
158 of 365
City of Menifee Staff Report
CIP 13-04 – Bradley Road Bridge PSAs
November 1, 2023
1 8
4 2
Amendments Nos. 3, 5, and 6 increased the scope of work. All previous amendments are summarized in Table 1 below.
Table 1- NV5 Agreement Amendments Summary
Amendment Date Approved Services Amount
Original
Agreement September 2, 2015
Design and construction documents,
surveying, data collection, geotechnical
reports, CEQA environmental documents
and drainage study.
$729,511
1 July 1, 2018 Time extension only through June 2019. - 2 November 6, 2019 Time extension only through June 2020. - 3 September 2, 2020
Storm Water Pollution Prevention Plan
(SWPP). Time extension through June
2021.
$8,500
4 June 16, 2021 Time extension through June 2022. -
5 September 15, 2021
Bidding/construction services, additional
permitting support, and geotechnical
services. Time extension through June
2023.
$187,950
6 May 4, 2022
NEPA document, project management,
access ramp designs and additional
geotechnical studies. Time extension
through June 2026.
$304,248
7 Pending
Additional environmental services
requested by Caltrans, Location Hydraulic
Study and Summary Floodplain
Encroachment Permit for NEPA,
preparation of legal plats for easements,
and additional construction support.
$153,683
Total $1,383,892
The Project's required National Environmental Policy Act (NEPA) document is nearly complete and staff is currently preparing the bid documents for the construction phase of the Project. As the Project design phase has progressed, additional bidding and construction support needs have been identified that require additional changes to the current NV5 scope of work as summarized below:
•Additional Environmental Services – At the request of Caltrans, prepare a Location Hydraulic Study, Summary Flood Plain Encroachment Report, and Wetlands Only Practicable Alternative Finding Report to support NEPA. •Prepare Plats and Legal Descriptions to be used for temporary construction easements on properties adjacent to the Project location. This task was not part of the original scope of work.
•Prepare Temporary Traffic & Detour Control Plans – Preparation of traffic control and detour plans necessary for the construction of the project. This task was not part of the original scope of work.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 2
Menifee Mayor and City Council
November 1, 2023
Page
159 of 365
City of Menifee Staff Report
CIP 13-04 – Bradley Road Bridge PSAs
November 1, 2023
1 8
4 2
•Construction Support Services – Provide support throughout the bidding period including responding to inquiries and preparing addenda to the plans as needed. This task was not part of the original scope of work.
The total cost for additional work proposed in Amendment No. 7 is $153,683 and would increase the total not-to-exceed amount of the NV5 PSA to $1,383,892. This amount represents the original agreement, all previous amendments, and proposed Amendment No. 7, attached.
Proposed Agreement with Anser Advisory
On July 17, 2023, staff administered a Request for Proposal (RFP) process to select a firm for the Construction Management & Inspection Services required for the Project. A total of five proposals were received by the RFP due date, as summarized in Table 2 below.
After reviewing and evaluating all proposals, a proposal ranking was assigned to each firm. Staff then invited the firms associated with the three top-ranked proposals to participate in selection interviews. Two firms, Anser Advisory (Anser) and Southstar Engineering, tied for the highest interview score. Because Anser received the highest proposal ranking of the two, staff proceeded to open their cost proposal of $2,754,267.18 and began negotiations to reduce their initial proposed cost to align more with the Independent Cost Estimate of $2.1 million. Following negotiations, staff determined that Anser’s reduced cost proposal of $2,253,619.42 is reasonable and satisfies the requirements as outlined in the RFP.
Anser was chosen as the top-ranking firm due to their extensive experience managing complex projects, detailed and thorough understanding of the project issues, local experience, and proposed team qualification and organization.
Table 2 – RFP Firm Ranking Summary
Firm Name Qualification
Ranking
Proposal
Score
Interview
Score Proposed Fee
Anser Advisory 1 85.75 83.50 $2,253,619.42
Southstar Engineering 2 84.75 83.50 $2,675,779.00
Syrusa Engineering 3 85.25 74.25 $2,878,914.28
Falcon Engineering 4 84.50 N/A $1,779,276.76
V&A Inc 5 78.50 N/A $1,667,049.31
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 3
Menifee Mayor and City Council
November 1, 2023
Page
160 of 365
City of Menifee Staff Report
CIP 13-04 – Bradley Road Bridge PSAs
November 1, 2023
1 8
4 2
FISCAL IMPACT
The total cost for the proposed Amendment No. 7 with NV5 is $153,683. The total cost of the proposed PSA with Anser is $2,253,619.42. Both items are within the available Project budget in fiscal year 2023/24, as shown in Table 3 below:
Table 3 – Existing Project Funding
Fund Account
Number
Vendor Available
Balance
Cost of
Services
DIF 17 - Roads 509-4555-58000 NV5 $394,823.54 $153,683.00 DIF Citywide -Circulation 526-4555-58000 Anser $3,827,313.00 $2,253,619.42 TOTALS $4,222,136.54 $2,407,302.42
ATTACHMENTS
1. Project Location Map
2. Amendment No. 7 with NV5
3. Agreement with Anser
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 4
Menifee Mayor and City Council
November 1, 2023
Page
161 of 365
Rio Vista Dr
Potomac Dr
Via
Nara
villa
Bradley Rd
Reading Rd
Te
rrytownRdPinckney Way
215
Haun Rd
Sun City Blvd
Cherry Hills
Blvd
Pebble Bea
ch Dr
La Piedra Rd
Murrieta Rd
Ante
lope
Rd
Bradle
y
Rd
Newport Rd
Project Site
0 0.03 0.05
Miles
Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\BradleyBridge\BradleyBridge\BradleyBridge.aprx Date: 4/6/2022 Bradley Road Bridge over Salt Creek (CIP 13-04)
Project Location Map
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 5
Menifee Mayor and City Council
November 1, 2023
Page
162 of 365
AMENDMENT NO. 7 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK DESIGN SERVICES This is Amendment No. 7 to that certain Professional Services Agreement (“Agreement”) made on September 2, 2015, between the City of Menifee (“City”) and NV5, INC (“Consultant”) for CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK DESIGN SERVICES as amended by that certain Amendment No. 1 to the Agreement entered into on July 1, 2018 (“Amendment No. 1”), and that certain Amendment No.2 to the Agreement entered into on November 6, 2019 (“Amendment No. 2”), and that certain Amendment No. 3 entered into on September 2, 2020 (“Amendment No. 3”), and that certain Amendment No. 4 entered into on June 16, 2021 (“Amendment No. 4”), and that certain Amendment No. 5 made and entered into on September 15, 2021 (“Amendment No. 5”), and that certain Amendment No. 6 made and entered into on May 4, 2022 (“Amendment No. 6”), which this Amendment No. 7 is made and entered on ______________, 2023 to increase the compensation amount and augment the scope of work as indicated below:
1. Section 2, “Compensation” is amended to increase the maximum compensation by $153,683.00 ONE HUNDRED FIFTY THREE THOUSAND SIX HUNDRED EIGHTY THREE DOLLARS AND ZERO CENTS ($153,683.00), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE MILLION THREE
HUNDRED EIGHTY THREE THOUSAND EIGHT HUNDRED NINTY TWO
DOLLARS AND ZERO CENTS ($1,383,892.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 6
Menifee Mayor and City Council
November 1, 2023
Page
163 of 365
AMENDMENT NO. 7 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK DESIGN SERVICES 4 7
4 8
9 replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK DESIGN SERVICES, in the amount not to exceed ONE MILLION THREE
HUNDRED EIGHTY THREE THOUSAND EIGHT HUNDRED NINTY TWO
DOLLARS AND ZERO CENTS ($1,383,892.00) as further detailed in the following page(s).
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 7 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE NV5, INC
_______________________________ _______________________________ Rebekah Kramer, Acting City Manager Carmen Kasner, Regional Chief Executive Attest: ________________________________
MaryJo O'Brien, CAO/Secretary
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 7
Menifee Mayor and City Council
November 1, 2023
Page
164 of 365
EXHIBIT A
EXHIBIT “A”
SUPPLEMENT TO SCOPE OF SERVICES
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 8
Menifee Mayor and City Council
November 1, 2023
Page
165 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 9
Menifee Mayor and City Council
November 1, 2023
Page
166 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 10
Menifee Mayor and City Council
November 1, 2023
Page
167 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 11
Menifee Mayor and City Council
November 1, 2023
Page
168 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 12
Menifee Mayor and City Council
November 1, 2023
Page
169 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 13
Menifee Mayor and City Council
November 1, 2023
Page
170 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 14
Menifee Mayor and City Council
November 1, 2023
Page
171 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 15
Menifee Mayor and City Council
November 1, 2023
Page
172 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 16
Menifee Mayor and City Council
November 1, 2023
Page
173 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 17
Menifee Mayor and City Council
November 1, 2023
Page
174 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 18
Menifee Mayor and City Council
November 1, 2023
Page
175 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 19
Menifee Mayor and City Council
November 1, 2023
Page
176 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 20
Menifee Mayor and City Council
November 1, 2023
Page
177 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 21
Menifee Mayor and City Council
November 1, 2023
Page
178 of 365
EXHIBIT A
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 22
Menifee Mayor and City Council
November 1, 2023
Page
179 of 365
2905/031858-0001
18155996.1 a08/30/23
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK (CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and ANSER ADVISORY MANAGEMENT, LLC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on November 1, 2023 and shall end on June 30, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 23
Menifee Mayor and City Council
November 1, 2023
Page
180 of 365
2905/031858-0001
18155996.1 a08/30/23 -2-4
7 4
5 7
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 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 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 applicable 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 Two Million Two Hundred Fifty Three Thousand Six Hundred Nineteen Dollars and Forty Two Cents ($2,253,619.42) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 24
Menifee Mayor and City Council
November 1, 2023
Page
181 of 365
2905/031858-0001
18155996.1 a08/30/23 -3-4
7 4
5 7
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 25
Menifee Mayor and City Council
November 1, 2023
Page
182 of 365
2905/031858-0001
18155996.1 a08/30/23 -4-4
7 4
5 7
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment 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 listed 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. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
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 Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 26
Menifee Mayor and City Council
November 1, 2023
Page
183 of 365
2905/031858-0001
18155996.1 a08/30/23 -5-4
7 4
5 7
fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 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:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 27
Menifee Mayor and City Council
November 1, 2023
Page
184 of 365
2905/031858-0001
18155996.1 a08/30/23 -6-4
7 4
5 7
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) 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. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) 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 13- 04 BRADLEY ROAD BRIDGE OVER SALT CREEK (CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 28
Menifee Mayor and City Council
November 1, 2023
Page
185 of 365
2905/031858-0001
18155996.1 a08/30/23 -7-4
7 4
5 7
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The 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; Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 29
Menifee Mayor and City Council
November 1, 2023
Page
186 of 365
2905/031858-0001
18155996.1 a08/30/23 -8-4
7 4
5 7
b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall 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, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 30
Menifee Mayor and City Council
November 1, 2023
Page
187 of 365
2905/031858-0001
18155996.1 a08/30/23 -9-4
7 4
5 7
SECTION 6. 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 Subsection 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 is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 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 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. 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. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 31
Menifee Mayor and City Council
November 1, 2023
Page
188 of 365
2905/031858-0001
18155996.1 a08/30/23 -10-4
7 4
5 7
defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 32
Menifee Mayor and City Council
November 1, 2023
Page
189 of 365
2905/031858-0001
18155996.1 a08/30/23 -11-4
7 4
5 7
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims 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 Labor Code Sections 1726 and 1781, 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, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consultant represents, warrants, and covenants 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 33
Menifee Mayor and City Council
November 1, 2023
Page
190 of 365
2905/031858-0001
18155996.1 a08/30/23 -12-4
7 4
5 7
Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
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 Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 34
Menifee Mayor and City Council
November 1, 2023
Page
191 of 365
2905/031858-0001
18155996.1 a08/30/23 -13-4
7 4
5 7
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares 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 Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 35
Menifee Mayor and City Council
November 1, 2023
Page
192 of 365
2905/031858-0001
18155996.1 a08/30/23 -14-4
7 4
5 7
and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 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 Subsection 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 laws of the State of California shall govern 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. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 36
Menifee Mayor and City Council
November 1, 2023
Page
193 of 365
2905/031858-0001
18155996.1 a08/30/23 -15-4
7 4
5 7
constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision 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 Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, <Carlos Geronimo>, Engineering Manager (“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:
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: Carlos Geronimo, Engineering Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 37
Menifee Mayor and City Council
November 1, 2023
Page
194 of 365
2905/031858-0001
18155996.1 a08/30/23 -16-4
7 4
5 7
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 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. 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 Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 38
Menifee Mayor and City Council
November 1, 2023
Page
195 of 365
2905/031858-0001
18155996.1 a08/30/23 -17-4
7 4
5 7
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]
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 39
Menifee Mayor and City Council
November 1, 2023
Page
196 of 365
2905/031858-0001
18155996.1 a08/30/23 -18-4
7 4
5 7
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Rebekah Kramer, Acting City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Lucas Rathe, Vice President
Craig Halvorson, Reginal Managing Director,
EVP
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 40
Menifee Mayor and City Council
November 1, 2023
Page
197 of 365
2905/031858-0001
18155996.1 a08/30/23
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK (CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES) services in the amount not to exceed Two Million Two Hundred Fifty Three Thousand Six Hundred Nineteen Dollars and Forty Two Cents ($2,253,619.42) as further detailed in the following page(s).
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 41
Menifee Mayor and City Council
November 1, 2023
Page
198 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 42
Menifee Mayor and City Council
November 1, 2023
Page
199 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 43
Menifee Mayor and City Council
November 1, 2023
Page
200 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 44
Menifee Mayor and City Council
November 1, 2023
Page
201 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 45
Menifee Mayor and City Council
November 1, 2023
Page
202 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 46
Menifee Mayor and City Council
November 1, 2023
Page
203 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 47
Menifee Mayor and City Council
November 1, 2023
Page
204 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 48
Menifee Mayor and City Council
November 1, 2023
Page
205 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 49
Menifee Mayor and City Council
November 1, 2023
Page
206 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 50
Menifee Mayor and City Council
November 1, 2023
Page
207 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 51
Menifee Mayor and City Council
November 1, 2023
Page
208 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 52
Menifee Mayor and City Council
November 1, 2023
Page
209 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 53
Menifee Mayor and City Council
November 1, 2023
Page
210 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 54
Menifee Mayor and City Council
November 1, 2023
Page
211 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 55
Menifee Mayor and City Council
November 1, 2023
Page
212 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 56
Menifee Mayor and City Council
November 1, 2023
Page
213 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 57
Menifee Mayor and City Council
November 1, 2023
Page
214 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 58
Menifee Mayor and City Council
November 1, 2023
Page
215 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 59
Menifee Mayor and City Council
November 1, 2023
Page
216 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 60
Menifee Mayor and City Council
November 1, 2023
Page
217 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 61
Menifee Mayor and City Council
November 1, 2023
Page
218 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 62
Menifee Mayor and City Council
November 1, 2023
Page
219 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 63
Menifee Mayor and City Council
November 1, 2023
Page
220 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 64
Menifee Mayor and City Council
November 1, 2023
Page
221 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 65
Menifee Mayor and City Council
November 1, 2023
Page
222 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 66
Menifee Mayor and City Council
November 1, 2023
Page
223 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 67
Menifee Mayor and City Council
November 1, 2023
Page
224 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 68
Menifee Mayor and City Council
November 1, 2023
Page
225 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 69
Menifee Mayor and City Council
November 1, 2023
Page
226 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 70
Menifee Mayor and City Council
November 1, 2023
Page
227 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 71
Menifee Mayor and City Council
November 1, 2023
Page
228 of 365
2905/031858-0001
18155996.1 a00/00/00
EXHIBIT A.
Item Title: 10.8
Agreement
and
Amendment
for
the
Bradley
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Program
Project
No. CIP 13-04
Item Page Number: 72
Menifee Mayor and City Council
November 1, 2023
Page
229 of 365
CITY OF MENIFEE
SUBJECT: Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project
MEETING DATE: November 1, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with BFK Architecture & Planning for architectural and engineering services for the living area improvements for Fire Station No. 76, located north of Newport Road, on the east side of Menifee Road, just south of Camino Cristal, Capital Improvement Program Project No. CIP 24-05, in an amount not-to-exceed $158,250.
DISCUSSION
Fire Station No. 76 (“Station”) is located north of Newport Road, on the east side of Menifee Road, just south of Camino Cristal. As the eastern areas of the City experience residential and commercial growth, the Station needs to be expanded to support increased staffing to respond to increased call volumes. The Fire Station No. 76 – Living Area Improvements project (“Project”) proposes to remodel and retrofit the existing living area and kitchen and add two additional bedrooms to the dormitory area within the Station. The proposed improvements would increase the ability to house additional fire personnel assigned to the Station and ultimately contribute to the success of meeting the City’s Strategic Plan Goal of providing exceptional public safety.
On July 10, 2023, staff released a Request for Proposal (RFP) to solicit firms for the Architectural and Engineering Services for the Project. A total of five proposals were received by the RFP due date, as summarized in Table 1 on the following page.
After reviewing and evaluating all proposals, a proposal ranking was assigned to each firm. Staff then invited the firms associated with the two top-ranked proposals to participate in selection interviews. BFK Architecture & Planning (“BFK”) received the highest overall interview score, and staff proceeded to open their cost proposal of $178,350. Staff proceeded to negotiate with BFK Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 1
Menifee Mayor and City Council
November 1, 2023
Page
230 of 365
City of Menifee Staff Report
CIP 24-05 BFK Agreement
November 1, 2023
1 8
4 3
to reduce their fee proposal to $158,250 to align with the Project’s budget. BFK’s revised fee proposal is reasonable and satisfies the requirements as outlined in the RFP.
BFK was selected as the top-ranking firm for their overall experience with fire station design, project understanding, and collective team organization.
Table 1 – Firm Ranking Summary
Firm Name Qualification
Ranking
Proposal
Score
Interview
Score Proposed Fee
BFK 1 83.33 82.75 $158,250
TAIT & Associates 2 85.67 69.25 $141,526
MDEP, Inc. 3 71.00 N/A $95,660
Empire Design Group 4 70.33 N/A $73,500
Pettit 5 63.33 N/A $181,500
City Council action is required for approval of the proposed Professional Services Agreement (PSA) for architectural and engineering services required for the Project as the total amount of the agreement exceeds the City Manager’s signing authority.
STRATEGIC PLAN OBJECTIVE
Safe & Vibrant Community
FISCAL IMPACT
The total anticipated cost for the architectural and engineering services with BFK is $158,250.
Funding for the PSA is available within the Fiscal Year 2023/2024 Project budget, as summarized in Table 2 below.
Table 2 – Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of
Services
DIF – Fire
Facilities CIP 24-05 521-4555-58178 $650,000 $158,250
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 2
Menifee Mayor and City Council
November 1, 2023
Page
231 of 365
V
i
a
V
i
e
n
t
o
Mercury Cir
M
e
n
i
f
e
e
R
d
Diamond Rd
O
l d
N
e w p o r t R d
L
i
n
d
e
n
b
e
r
g
e
r
R
d
A
n
t
e
l
o
p
e
R
d
O
l
d
L
i
n
d
e
n
b
e
r
g
e
r
R
d
L a
P i e d r a R d
M
e
n
i
f
e
e
R
d
Newport Rd
D
o
m
e
n
i
g
o
n
i
P
k
w
y
Project Site
0 0.01 0.02
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FireStation76_LivingAreaImprovements\FireStation76_LivingAreaImprovements.aprx Date: 10/5/2023 Fire Station No. 76 Living Area Improvements
(CIP 24-05)
Project Location Map
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 3
Menifee Mayor and City Council
November 1, 2023
Page
232 of 365
2905/031858-0001
18155996.1 a08/30/23
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 24-05 FIRE STATION NO. 76 - LIVING AREA IMPROVEMENTS (ARCHITECTURAL & ENGINEERING SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and BFK ARCHITECTURE & PLANNING, a 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.
1.1 Term of Services. The term of this Agreement shall begin on November 1, 2023 and shall end on December 31, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 4
Menifee Mayor and City Council
November 1, 2023
Page
233 of 365
2905/031858-0001
18155996.1 a08/30/23 -2-4
7 4
5 9
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 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 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 applicable 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 One Hundred Fifty Eight Thousand Two Hundred Fifty Dollars and Zero Cents ($158,250.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 5
Menifee Mayor and City Council
November 1, 2023
Page
234 of 365
2905/031858-0001
18155996.1 a08/30/23 -3-4
7 4
5 9
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 6
Menifee Mayor and City Council
November 1, 2023
Page
235 of 365
2905/031858-0001
18155996.1 a08/30/23 -4-4
7 4
5 9
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment 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 listed 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. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
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 Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 7
Menifee Mayor and City Council
November 1, 2023
Page
236 of 365
2905/031858-0001
18155996.1 a08/30/23 -5-4
7 4
5 9
fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 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:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 8
Menifee Mayor and City Council
November 1, 2023
Page
237 of 365
2905/031858-0001
18155996.1 a08/30/23 -6-4
7 4
5 9
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) 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. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) 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 24- 05 FIRE STATION NO. 76 - LIVING AREA IMPROVEMENTS (ARCHITECTURAL & ENGINEERING SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 9
Menifee Mayor and City Council
November 1, 2023
Page
238 of 365
2905/031858-0001
18155996.1 a08/30/23 -7-4
7 4
5 9
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The 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; Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 10
Menifee Mayor and City Council
November 1, 2023
Page
239 of 365
2905/031858-0001
18155996.1 a08/30/23 -8-4
7 4
5 9
b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall 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, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 11
Menifee Mayor and City Council
November 1, 2023
Page
240 of 365
2905/031858-0001
18155996.1 a08/30/23 -9-4
7 4
5 9
SECTION 6. 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 Subsection 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 is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 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 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. 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. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 12
Menifee Mayor and City Council
November 1, 2023
Page
241 of 365
2905/031858-0001
18155996.1 a08/30/23 -10-4
7 4
5 9
defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 13
Menifee Mayor and City Council
November 1, 2023
Page
242 of 365
2905/031858-0001
18155996.1 a08/30/23 -11-4
7 4
5 9
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims 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 Labor Code Sections 1726 and 1781, 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, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consultant represents, warrants, and covenants 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 14
Menifee Mayor and City Council
November 1, 2023
Page
243 of 365
2905/031858-0001
18155996.1 a08/30/23 -12-4
7 4
5 9
Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
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 Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 15
Menifee Mayor and City Council
November 1, 2023
Page
244 of 365
2905/031858-0001
18155996.1 a08/30/23 -13-4
7 4
5 9
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares 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 Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 16
Menifee Mayor and City Council
November 1, 2023
Page
245 of 365
2905/031858-0001
18155996.1 a08/30/23 -14-4
7 4
5 9
and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 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 Subsection 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 laws of the State of California shall govern 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. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 17
Menifee Mayor and City Council
November 1, 2023
Page
246 of 365
2905/031858-0001
18155996.1 a08/30/23 -15-4
7 4
5 9
constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision 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 <Brian F. Knight> (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, <Carlos Geronimo>, Engineering Manager (“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:
BFK Architecture & Planning
Attn: Brian F. Knight
1337 Lida Avenue
Pasadena, CA 91103
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Engineering Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 18
Menifee Mayor and City Council
November 1, 2023
Page
247 of 365
2905/031858-0001
18155996.1 a08/30/23 -16-4
7 4
5 9
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 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. 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 Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 19
Menifee Mayor and City Council
November 1, 2023
Page
248 of 365
2905/031858-0001
18155996.1 a08/30/23 -17-4
7 4
5 9
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]
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 20
Menifee Mayor and City Council
November 1, 2023
Page
249 of 365
2905/031858-0001
18155996.1 a08/30/23 -18-4
7 4
5 9
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Rebekah Kramer, Acting City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Brian F. Knight, President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 21
Menifee Mayor and City Council
November 1, 2023
Page
250 of 365
2905/031858-0001
18155996.1 a08/30/23
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 24-05 FIRE STATION NO. 76 - LIVING AREA IMPROVEMENTS (ARCHITECTURAL & ENGINEERING SERVICES) services in the amount not to exceed One Hundred Fifty Eight Thousand Two Hundred Fifty Dollars and Zero Cents ($158,250.00) as further detailed in the following page(s).
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 22
Menifee Mayor and City Council
November 1, 2023
Page
251 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 23
Menifee Mayor and City Council
November 1, 2023
Page
252 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 24
Menifee Mayor and City Council
November 1, 2023
Page
253 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 25
Menifee Mayor and City Council
November 1, 2023
Page
254 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 26
Menifee Mayor and City Council
November 1, 2023
Page
255 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 27
Menifee Mayor and City Council
November 1, 2023
Page
256 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 28
Menifee Mayor and City Council
November 1, 2023
Page
257 of 365
2905/031858-0001
18155996.1 a08/30/23 EXHIBIT A.
Item Title: 10.9
Agreement with BFK Architecture & Planning for the Fire Station No. 76 Living Area Improvements Project Item Page Number: 29
Menifee Mayor and City Council
November 1, 2023
Page
258 of 365
CITY OF MENIFEE
SUBJECT: California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024
MEETING DATE: November 1, 2023
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept Fiscal Year (FY) 2023/2024 California Department of Transportation’s Active Transportation Program (ATP) Cycle 6 grant funds for the Romoland Elementary School ATP Project, CIP No. 24-04, (“Project A”) and the Watson Road at Harvest Valley Elementary School ATP Project, CIP No. 24-15 (“Project B”); and
2. Adopt two resolutions establishing the City’s eligibility to receive the identified grant funding from California Department of Transportation and authorizing the City Manager to execute all future agreements and grant-related documents necessary to receive the Cycle 6 Active Transportation Program Grant for both Projects; and
3. Adopt a budget amendment resolution appropriating $131,000 for Project A and $124,000 for Project B in revenues and expenditures in the Grant Fund (Fund 301).
DISCUSSION
The California Department of Transportation (“Caltrans”) administers the Active Transportation Program Grant (“Grant”) which provides funding to jurisdictions in support of projects, which would encourage use of active modes of transportation such as bicycling and walking. Funding for this competitive grant is derived from various federal and state funds such as the federal Transportation Alternative Program, Highway Safety Improvement Program, State Highway Account, and Road Maintenance and Rehabilitation Account or Senate Bill 1 (SB 1).
In June 2022, staff submitted two applications in response to the 2023 Active Transportation Program Cycle 6 Call for Projects. The first application requested funding support in the amount of $4,880,000 for Project A. The second application requested funding support in the amount of $4,354,000 for Project B.
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 1
Menifee Mayor and City Council
November 1, 2023
Page
259 of 365
City of Menifee Staff Report
CIP 24-04 & CIP 24-15 ATP Grant
November 1, 2023
1 8
4 4
Project A proposes to construct pedestrian improvements within the vicinity of Romoland Elementary School to close a critical gap in the existing pedestrian infrastructure and provide safe access to school. The proposed improvements would enhance safety along the major access routes to Romoland Elementary School in alignment with the City’s Active Transportation Plan.
The estimated total cost of Project A is just over $5.56 million. The requested grant funding for the project would support the following phases: Project Approval & Environmental Document (PA&ED), Project Specifications & Estimates (PS&E), and Construction (CON), as outlined in Table 1 below.
Table 1 – Project A Grant Funding Allocations by Phase
Project
Phase Anticipated FY Awarded ATP
Grant Funds
City Matching
Funds
Total Estimated
Project Cost
PA&ED 23/24 $131,000 $19,000 $150,000
PS&E 24/25 $527,000 $73,000 $600,000
CON 25/26 $4,222,000 $589,000 $4,811,000
TOTAL $4,880,000 $681,000 $5,561,000
Project B proposes to construct sidewalks, crosswalks, bicycle lanes, and ADA ramps along Watson Road and Briggs Road. The proposed improvements would enhance safety along the major access routes to Harvest Valley Elementary School in alignment with the City’s Active Transportation Plan. The estimated total cost of Project B is just over $5.23 million. The requested grant funding for the project would support the following phases: PA&ED, PS&E, Right-of-Way (ROW,) and CON, as outlined in Table 2 on the following page.
Table 2 – Project B Grant Funding Allocations by Phase
Project
Phase Anticipated FY Awarded ATP
Grant Funds
City Matching
Funds
Total Estimated
Project Cost
PA&ED 23/24 $124,000 $26,000 $150,000
PS&E 24/25 $417,000 $83,000 $500,000
ROW 24/25 $1,066,000 $214,000 $1,280,000
CON 25/26 $2,747,000 $553,000 $3,300,000
TOTAL $4,354,000 $876,000 $5,230,000
In June 2023, the City was notified that the California Transportation Commission (CTC) adopted the 2023 Active Transportation Program and the Riverside County Transportation Commission (RCTC) approved funding for both projects for the amounts requested in the respective applications. Grant funds would be allocated by phase, as outlined in Tables 1 and 2 above. The Program Supplemental Agreements would cover only the PA&ED phase for both projects. As each project progresses, staff would coordinate with Caltrans by submitting an allocation request for the next phase of grant funding. The City has also allocated the appropriate matching funds in FY 23/24 and 24/25 to cover the total estimated costs for each phase for both projects as outlined in tables 3 and 4 below. The City is responsible for additional funds should the actual cost for any phase is higher than the estimates listed in Tables 1 and 2.
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 2
Menifee Mayor and City Council
November 1, 2023
Page
260 of 365
City of Menifee Staff Report
CIP 24-04 & CIP 24-15 ATP Grant
November 1, 2023
1 8
4 4
City Council action is required for approval of the Program Supplemental Agreements with Caltrans as the total amounts of each exceed the City Manager’s signing authority. Upon approval of the Program Supplemental Agreements, Caltrans would initiate routing the agreements electronically for signature.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The total estimated cost for Project A PA&ED Phase is estimated at $150,000. With the acceptance of the $131,000 of grant funds, the City is responsible to match the remaining $19,000. Matching funds towards this and future phases have been allocated in the current and upcoming fiscal year budgets, as summarized in Table 3 below.
Table 3 – Project A Existing Budget
Fund Account Number FY 23/24 Budget FY 24/25 Budget TOTAL DIF Citywide
– Circulation 526-4555-58177 $92,000 $589,000 $681,000
The total estimated cost for Project B PA&ED Phase is estimated at $150,000. With the acceptance of the $124,000 of grant funds, the City is responsible to match the remaining $26,000. Matching funds towards this and future phases have been allocated in the current and upcoming fiscal year budgets, as summarized in Table 4 below.
Table 4 – Project B Existing Budget
Fund Account
Number FY 23/24 Budget FY 24/25 Budget TOTAL
DIF Citywide
– Circulation 526-4555-58190 $323,000 $553,000 $876,000 Appropriation to Fund 301 in the amount of $131,000 for Project A and $124,000 for Project B in Account No. 301-3752 is required to recognize revenue as well as to Project A’s expenditure Account No. 301-4555-58177 and Project B’s expenditure Account No. 301-4555-58190, for the PS&E phase of both projects, as detailed in the attached budget amendment resolution.
ATTACHMENTS
1. Project Location Maps
2. Grant Summary Report
3. Resolution – Project A
4. Resolution – Project B
5. Caltrans Program Supplemental Agreement - Project A
6. Caltrans Program Supplemental Agreement - Project B
7. Budget Amendment Resolution – Fund 301
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 3
Menifee Mayor and City Council
November 1, 2023
Page
261 of 365
215
Tyler Ave
Adams Ave
1st St
S
h
e
r
m
a
n
R
d
M a t t h e w s R d
Dawson Rd
Ethanac Rd
Washington Ave
2nd St
4th St
Monroe Ave
3rd St
Van Buren Ave
Harrison Ave
Eller Way
Jefferson Ave
Antelope Rd
Bruner Rd
Watson Rd
Jackson Ave
Baroni Rd
Blue Diamond Ln
74 PERRIS
215
E t h a n a c R d
A
n
t
e
l
o
p
e
R
d
Matthews Rd
M
c
C
a l l B l v d
Mapes Rd
Menifee Rd
M
u
r
r
i
e
t
a
R
d
B
r
a
d
l
e
y
R
d
Project Site
0 0.08 0.16
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\RomolandElementaryATP\RomolandElementaryATP.aprx Date: 10/16/2023 Romoland Elementary School ATP (CIP 24-04)
Project Location Map
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 4
Menifee Mayor and City Council
November 1, 2023
Page
262 of 365
215
Varela Ln
Citation Ave
Patelli Way
M
a
l
a
g
a
R
d
Briggs Rd
M
a
l
o
n
e
A
v
e
C
u
m
m
i
n
g
A
v
e
Calle De Caballos
Watson Rd
Cadena Dr
Alicante Dr
Mapes Rd
74 Esri Community Maps Contributors, Loma Linda University, County of Riverside, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA
Ethanac Rd
A
n
t
e
l
o
p
e
R
d
Mapes Rd
Menifee RdProject Site
0 0.1 0.2
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\WatsonRd_HarvestValleyElementaryATP\WatsonRd_HarvestValleyElementaryATP.aprx Date: 10/16/2023 Watson Rd at Harvest Valley Middle School ATP
(CIP 24-15)
Project Location Map
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 5
Menifee Mayor and City Council
November 1, 2023
Page
263 of 365
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2023/24
11/1/2023
CalTrans ATP Cycle 6: Project A & B (PA&ED)
CalTrans
Engineering (CIP)
Carlos Geronimo
N/A
N/A
N/A
N/A
08/16/2023-2026
-
255,000
Reimbursement
45,000
-
300,000
-
301-4555-58177
301-3752
No
N/A
yes, see above.
No
No
No
FY2024/25, 2025/26
No
✔
08/16/2023-2026
Romoland Elementary School ATP Project (Project A) and Watson Road at Harvest Valley Elementary School ATP Project (Project B)(PA&ED Phase)
CalTrans Reporting Requirements (See agreement)
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 6
Menifee Mayor and City Council
November 1, 2023
Page
264 of 365
ATPL-5483(013)
1 RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE ROMOLAND ELEMENTARY SCHOOL ATP PROJECT, CIP NO. 24-04
WHEREAS, The City Council of the City of Menifee is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements must be executed with the California Department of Transportation before such funds could be claimed; and
WHEREAS, the City Council now wishes to accept funding through the Active Transportation Program and delegate authorization to the City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto, with California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
authorizes the City Manager to execute all agreement documents, and any amendments thereto, with the California Department of Transportation.
PASSED, APPROVED AND ADOPTED this 1st day of November 2023. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 7
Menifee Mayor and City Council
November 1, 2023
Page
265 of 365
ATPL-5483(012)
1 RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE WATSON ROAD AT HARVEST VALLEY ELEMENTARY SCHOOL ATP PROJECT, CIP NO. 24-15 WHEREAS, The City Council of the City of Menifee is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements must be executed with the California Department of Transportation before such funds could be claimed; and
WHEREAS, the City Council now wishes to accept funding through the Active Transportation Program and delegate authorization to the City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto, with California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
authorizes the City Manager to execute all agreement documents, and any amendments thereto, with the California Department of Transportation.
PASSED, APPROVED AND ADOPTED this 1st day of November 2023. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 8
Menifee Mayor and City Council
November 1, 2023
Page
266 of 365
00000A290
FOR STATE FUNDED PROJECTS NO 08-5483S21
0823000176
September 19, 2023
08-RIV-0-MNFE
ATPL-5483(013)
5483
This Program Supplement, effective 08/16/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5483S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 12/14/2021 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
Located on various streets in what is categorized as the Romoland Grid Area, located in Northern Menifee
Pedestrian Walkway 0.0(MILES)
State FundsEstimated Cost Matching Funds
CITY OF MENIFEE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$150,000.00 $19,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$131,000.00
$131,000.00STATE
9/19/2023
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 9
Menifee Mayor and City Council
November 1, 2023
Page
267 of 365
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
ATPL-5483(013)
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. 2Page of 4Program Supplement 08--548-A290- SERIAL
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 10
Menifee Mayor and City Council
November 1, 2023
Page
268 of 365
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
ATPL-5483(013)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received 3Page of 4Program Supplement 08--548-A290- SERIAL
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 11
Menifee Mayor and City Council
November 1, 2023
Page
269 of 365
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
ATPL-5483(013)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 4Page of 4Program Supplement 08--548-A290- SERIAL
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 12
Menifee Mayor and City Council
November 1, 2023
Page
270 of 365
00000A288
FOR STATE FUNDED PROJECTS NO 08-5483S21
0823000175
September 19, 2023
08-RIV-0-MNFE
ATPL-5483(012)
5483
This Program Supplement, effective 08/16/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5483S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 12/14/2021 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
The Project is located on Watson Road for three blocks from Cummings Ave to Briggs Road and on Briggs Road from Alicante Drive to 1,100 feet North Highway 74 in Northeast Menifee.
Pedestrian and Bike Path 0.0(MILES)
State FundsEstimated Cost Matching Funds
CITY OF MENIFEE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$150,000.00 $26,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$124,000.00
$124,000.00STATE
9/19/2023
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 13
Menifee Mayor and City Council
November 1, 2023
Page
271 of 365
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
ATPL-5483(012)
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. 2Page of 4Program Supplement 08--548-A288- SERIAL
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 14
Menifee Mayor and City Council
November 1, 2023
Page
272 of 365
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
ATPL-5483(012)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received 3Page of 4Program Supplement 08--548-A288- SERIAL
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 15
Menifee Mayor and City Council
November 1, 2023
Page
273 of 365
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
ATPL-5483(012)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 4Page of 4Program Supplement 08--548-A288- SERIAL
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 16
Menifee Mayor and City Council
November 1, 2023
Page
274 of 365
RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2023/24 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund 301 Adopted FY 2023/24 Revenue Budget: $531,369.00
1. Record Appropriation(s):
Amended Grant Fund 301 FY 2023/24 Revenue Budget: $1,623,511.16 Grant Fund 301 Adopted FY 2023/24 Expenditure Budget: $531,369.00
2. Record Appropriation(s):
Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $1,994,205.98
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023
2023 Carryover Grant: Urban
Greening 301-3747 $87,700.00
August 16, 2023
Grant: National Opiate
Litigation Settlement 301-3895 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-3859 $690,120.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-3752 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-3752 $124,000.00
TOTAL: $1,092,142.16
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023 2023 Carryover Grants Various $458,394.82
August 16, 2023
Grant: National Opiate Litigation
Settlement 301-4911-58165 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-4555-58098 $690,120.00 November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-4555-58177 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-4555-58190 $124,000.00
TOTAL: $1,462,836.98
Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 17
Menifee Mayor and City Council
November 1, 2023
Page
275 of 365
Amending the Fiscal Year 2023/24 Grant Fund Budget
Active Transportation Program Grant
2 4
7 5
1 8
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund 301 for the City of Menifee for FY2023/24 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Grant: Caltrans Active Transportation Program (ATP) $255,000.00 Amended Grant Fund 301 FY2023/24 Budget $1,623,511.16
Expenditures:
Grant: Caltrans Active Transportation Program (ATP) $255,000.00 $0 Amended Grant Fund 301 FY2023/24 Budget $1,994,205.98 PASSED, APPROVED AND ADOPTED this 1st day of November, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.10
California Department of Transportation’s Active Transportation Program Grant Acceptances for Fiscal Year 2023/2024 Item Page Number: 18
Menifee Mayor and City Council
November 1, 2023
Page
276 of 365
CITY OF MENIFEE
SUBJECT: Riverside County Transportation Commission’s Measure A Regional Arterial Improvements Program Grant Acceptances for Fiscal Year 2023/2024
MEETING DATE: November 1, 2023
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the Fiscal Year 2023/2024 Riverside County Transportation Commission’s Transportation Uniform Mitigation Fee and Measure A Regional Arterial Improvements Program Grant funds for the City’s Capital Improvement Projects (CIP) Scott Road/Bundy Canyon Road Widening, CIP 20-01, and the McCall Boulevard Widening, CIP No. 22-03; and
2. Adopt a resolution appropriating $3,140,000 for the McCall Boulevard Widening Project in revenues and expenditures in the Grant Fund (Fund 301) in FY 2023/2024; and
3. Authorize the City Manager, or designee, to execute all agreements and grant-related documents necessary to receive the Regional Arterial Improvements Program Grant for both Projects.
DISCUSSION
The Riverside County Transportation Commission (“RCTC”) administers the Regional Arterial Improvements Program Grant (“Grant”) which provides funding to jurisdictions in support of projects which would widen or construct roadways within the western Riverside County regional arterial transportation system. Funding for the Grant is derived from the voter approved and renewed Measure A half-cent sales tax, as well as matching revenues generated by cities and the County by implementing a Transportation Uniform Mitigation Fee (TUMF). The combined TUMF and Measure A Regional Arterial (“MARA”) revenues available through this discretionary program provides approximately $135 million in funding for Fiscal Year (FY) 2023/2024 and is administered by RCTC.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 1
Menifee Mayor and City Council
November 1, 2023
Page
277 of 365
City of Menifee Staff Report
CIP 20-01 & CIP 22-03 RCTC Grant
November 1, 2023
1 8
4 5
In April 2023, staff submitted two applications in response to the 2023 Western Riverside County Regional Arterials Call for Projects. The first application requested funding support in the amount of $10,000,000 for the Scott Road/Bundy Canyon Road Widening project, Capital Improvement Program (CIP) No. CIP 20-01 (“Project A”). The second application requested funding support in the amount of $3,140,000 for the McCall Boulevard Widening project, CIP No. 22-03 (“Project B”).
Project A proposes to widen approximately three miles of the existing two-lane rural roadway between Haun Road and Sunset Avenue (westerly City limits) to an interim four-lane urban arterial. Additional improvements include installation of Class II bicycle lanes in each direction, extensive grading and roadway realignment, drainage improvements, side street realignments and improvements, traffic signal modifications at Murrieta Road and Haun Road, and a new traffic signal at Sunset Avenue. The funds would be utilized for the construction phase of the project which is estimated at $31 million. The estimated total cost of Project A is just over $43 million.
The project is currently in the environmental phase, with the construction phase anticipated to begin in May 2025. Since this project funds are not anticipated to incur expenses until FY 2024/2025, staff would appropriate the $10,000,000 in revenues and expenditures to the Grant Fund (Fund 301) at budget mid-cycle for FY24/25.
Project B proposes to widen approximately 0.75 miles of the existing two-lane roadway to four- lanes along McCall Boulevard between Oak Hurst Avenue and Menifee Road. Additional improvements include installing Class II bicycle lanes, sidewalks, and ADA ramps in both directions, drainage improvements, and modifying the existing traffic signal at Junipero Road. The funds would be utilized for the construction phase of the project which is estimated at just under $5.1 million. The estimated total cost of Project B is just under $6.7 million. The Project is currently in the final design phase, with the construction phase anticipated to begin in July 2024.
In May 2023, the City was notified that both projects were recommended for funding, and in June 2023, the RCTC approved the recommendation to fund both projects for the amounts requested in the respective applications. Project A would receive $9,367,560 in TUMF Regional Funds and $632,440 in MARA funds for a total award in the amount of $10,000,000. Grant funding for Project A requires matching funds of just over $15 million. Project B would receive a total award of $3,140,000 in MARA funds. Grant funding for Project B requires a funding match to cover the remaining balance of just over $3.5 million. Allocated grant funds would be reimbursed for eligible costs at the completion of the projects.
City Council action is required for approval of the funding agreements with RCTC as the total amounts of each exceed the City Manager’s signing authority. Upon approval of the funding agreements, RCTC would initiate routing the agreements electronically for signature.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The total estimated construction cost for Project A is approximately $31 million. In accepting the identified grant funds, the City would be responsible for matching just over $15 million in local, state or federal funds. Approximately $3.7 million is available in the current fiscal year budget, Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 2
Menifee Mayor and City Council
November 1, 2023
Page
278 of 365
City of Menifee Staff Report
CIP 20-01 & CIP 22-03 RCTC Grant
November 1, 2023
1 8
4 5
with an additional $4 million anticipated to be received in FY 2024/2025. Because construction activity for Project A is not anticipated to begin until the end of FY 2024/2025 staff recommends the appropriation of the RCTC grant funds to be done at budget mid-cycle. In addition, staff is actively pursuing additional grant funding opportunities to cover the remaining fund match which would be programmed into the Project’s budget in FY 2024/2025 as well.
The total estimated cost of Project B is approximately $6.7 million and with the acceptance of the identified grant funds, the City would be responsible for matching just under $2 million in local funds. Approximately $2.5 million is available in the current FY budget for Project B, with an additional $520,237 programmed in FY 2024/2025.
Appropriation to the Grant Fund (Fund 301) in the amount of $3,140,000 for Project B, Account No. 301-3753 is required to recognize revenue and Account No. 301-4555-58119 is required to recognize the grant expenditures, as detailed in the attached Budget Amendment Resolution.
ATTACHMENTS
1. Project Location Maps
2. Grant Summary Report
3. RCTC Agreement for Funding - Project A
4. RCTC Agreement for Funding - Project B
5. Budget Amendment Resolution
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 3
Menifee Mayor and City Council
November 1, 2023
Page
279 of 365
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 4
Menifee Mayor and City Council
November 1, 2023
Page
280 of 365
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 5
Menifee Mayor and City Council
November 1, 2023
Page
281 of 365
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2023/24
11/1/2023
RCTC: Measure A Regional Arterial Improvement Program
RCTC
Engineering (CIP)
Carlos Geronimo
N/A
N/A
N/A
N/A
07/2024-04/2026
-
13,140,000
Reimbursement
15,127,060
-
28,267,060
-
301-4555-58119
301-3753
No
N/A
yes, see above.
No
No
No
FY2024/25, 2025/26
No
✔
07/2024-04/2026
McCall Boulevard Widening Project (CIP 22-03) for $3,140,000 and Scott Road/Bundy Canyon Road Widening (CIP 20-01) for $10,000,000.
CalTrans Reporting Requirements (See agreement)
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 6
Menifee Mayor and City Council
November 1, 2023
Page
282 of 365
17336.00001\41641064.1 1
Agreement No. 23-72-098-00
AGREEMENT FOR THE FUNDING OF
TUMF AND MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
WITH THE CITY OF MENIFEE
For
BUNDY CANYON ROAD/SCOTT ROAD WIDENING PROJECT
1. Parties and Date.
1.1 This Agreement is executed and entered into this day of , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and the CITY OF MENIFEE (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.
2. Recitals.
2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.
2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).
2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of Measure A and Transportation Uniform Mitigation Fee (TUMF) revenues.
2.4 The Plan requires cities and the County in western Riverside County to participate in a TUMF Program to be eligible to receive Local Streets and Roads funds generated by Measure A.
2.5 The Western Riverside Council of Governments (WRCOG) has been selected to administer the overall TUMF Program pursuant to applicable state laws including Government Code Sections 66000 et seq. and has entered into a Memorandum of Understanding (MOU) with RCTC dated July 10, 2003, and revised on September 10, 2008, regarding the allocation of the TUMF Regional Funds to be made available to RCTC for programming.
2.6 RCTC has adopted a TUMF Regional Arterial Program, which is updated from time to time, and identifies the projects and the maximum funding commitments awarded for specific phases of work.
2.7 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 7
Menifee Mayor and City Council
November 1, 2023
Page
283 of 365
17336.00001\41641064.1 2
2.8 RCTC intends, by this Agreement, to distribute TUMF and Measure A Regional Arterial (“MARA”) Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.
3. Terms.
3.1 Description of Work. This Agreement is intended to distribute TUMF Regional and MARA Funds to the City for the Bundy Canyon Road/Scott Road Widening Project (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined phases detailed herein as follows:
1) CONS – Construction
The Work phases funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to RCTC (“the Project”). The Project is more fully described in Exhibit “A” and depicted in Exhibit “B” attached hereto. It is understood and agreed that the City shall expend TUMF Regional and MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.
3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Ten Million Dollars ($10,000,000), consisting of $9,367,560 TUMF Regional Funds and $632,440 MARA Funds, to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute TUMF Regional Funds in excess of the maximum TUMF share for the phase/project identified in the current TUMF Nexus Study. In addition, RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.
3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.
3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”.
3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole discretion, be augmented with additional TUMF Regional Funds if the Project is eligible to receive additional TUMF Regional Funds under the TUMF Nexus Study. The Funding Amount Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 8
Menifee Mayor and City Council
November 1, 2023
Page
284 of 365
17336.00001\41641064.1 3
may also, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the TUMF or MARA Funds must be approved in writing by RCTC’s Executive Director. In no case shall the amount of TUMF Regional Funds allocated to the City exceed the then-current maximum eligible TUMF share for the Work. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.
3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit “A” for the Work. The City shall inform RCTC of any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC’s Executive Director and the City shall be authorized to execute any such amendment.
3.2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by TUMF Regional or MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with TUMF Regional or MARA Funds except as needed for staged construction of the Work.
3.3 City’s Funding Obligation to Complete the Work. In the event that the TUMF Regional and MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall be responsible for identifying such additional funds as may be required to complete the Work as described in Exhibit “A”.
3.3.1 City’s Obligation to Repay TUMF Regional and MARA Funds to RCTC.
In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any TUMF Regional and MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.
3.3.2 City’s Local Match Contribution. The City shall provide at least Fifteen Million, One Hundred Twenty-Seven Thousand, Sixty dollars ($15,127,060) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.
3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: (i) all aspects of bidding, Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 9
Menifee Mayor and City Council
November 1, 2023
Page
285 of 365
17336.00001\41641064.1 4
awarding, and administration of the contracts for the Work; (ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including TUMF Regional and MARA Funds.
3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of TUMF Regional and MARA Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Armando G. Villa, City Manager, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work.
3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.
3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.
3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.
3.9.1 Termination for Convenience.
3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.
3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all TUMF Regional and MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 10
Menifee Mayor and City Council
November 1, 2023
Page
286 of 365
17336.00001\41641064.1 5
distribute to the City TUMF Regional and MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non- terminating party of the amounts due it under this Section 3.9.1.2.
3.9.2 Termination for Cause.
3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City TUMF Regional and MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination. In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all TUMF Regional and MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.
3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.
3.12 Indemnification.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 11
Menifee Mayor and City Council
November 1, 2023
Page
287 of 365
17336.00001\41641064.1 6
3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability (“Claims”) arising from or connected with all activities governed by this Agreement including all design and construction activities, due to acts, errors or omissions or willful misconduct of the City or its contractors. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against Claims ultimately determined to be due to acts, errors or omissions or willful misconduct of the City or its contractors. The indemnity herein shall not apply to Claims caused by the sole negligence of RCTC.
3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.
RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.
3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their contractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.
3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as additional insureds with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these additional insured;
3.13.1.2 Be primary with respect to any insurance or self-insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and
3.13.1.3 Contain standard separation of insured provisions.
3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 12
Menifee Mayor and City Council
November 1, 2023
Page
288 of 365
17336.00001\41641064.1 7
3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
3.14 Procedures for Distribution of TUMF Regional and MARA Funds to City.
3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, and after all other funding sources identified in Exhibit “A” have been expended, for the applicable phase, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs.
Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.
3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached hereto.
3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum eligible TUMF share of the Work, as determined by the TUMF Nexus Study, an amount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.
3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”), and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.) as applicable, but the Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 13
Menifee Mayor and City Council
November 1, 2023
Page
289 of 365
17336.00001\41641064.1 8
necessity of compliance with CEQA, and NEPA as applicable, shall not justify, excuse, or permit a delay in completion of the Work.
3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit.
3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.
3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.
3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 14
Menifee Mayor and City Council
November 1, 2023
Page
290 of 365
17336.00001\41641064.1 9
3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY OF MENIFEE RCTC
29844 Haun Road Riverside County Transportation Commission Menifee, CA 92586 4080 Lemon Street, 3 rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: City Manager ATTN: Executive Director
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Work.
3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.
3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 15
Menifee Mayor and City Council
November 1, 2023
Page
291 of 365
17336.00001\41641064.1 10
performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.
3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.34 Electronically Transmitted Signatures; Electronic Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.
[Signatures on following page]
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 16
Menifee Mayor and City Council
November 1, 2023
Page
292 of 365
17336.00001\41641064.1 11
SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF
TUMF AND MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
RIVERSIDE COUNTY CITY OF MENIFEE
TRANSPORTATION COMMISSION
By: By: ________________________ Anne Mayer, Executive Director Armando G. Villa, City Manager ATTEST:
By: ________________________
Sarah Manwaring, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _________________________________ By: ________________________ Best, Best & Krieger Jeffrey T. Melching,
Counsel to the Riverside County City Attorney
Transportation Commission
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 17
Menifee Mayor and City Council
November 1, 2023
Page
293 of 365
17336.00001\41641064.1
EXHIBIT A
EXHIBIT “A”
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: Improve approximately three miles of the existing two-lane rural roadway within the boundaries of the City of Menifee, Haun Road to westerly city limits at Sunset Avenue, to an “interim” four-lane urban arterial configuration of 110’ right of way width with 82’ curb-to-curb that includes two lanes in each direction, a 14’ striped median, and 10’ wide buffered Class II bike lanes in each direction.
FUNDING: Identify MARA, TUMF Regional, local, state and/or federal funding for each Phase of Work. Delete those Phase which are not part of this Agreement.
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.
PHASE START DATE END DATE COMMENTS
Construction 05/2025 04/2026 230 Working Days
PHASE MARA Fund TUMF Regional LOCAL TOTAL
CONSTRUCTION $632,440 $9,367,560 $15,127,060 $25,127,060 TOTAL $632,440 $9,367,560 $15,127,060 $25,127,060
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 18
Menifee Mayor and City Council
November 1, 2023
Page
294 of 365
17336.00001\41641064.1
EXHIBIT B
EXHIBIT “B”
PROJECT LOCATION MAP
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 19
Menifee Mayor and City Council
November 1, 2023
Page
295 of 365
17336.00001\41641064.1
EXHIBIT C
EXHIBIT “C”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any contractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.
2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC’s Executive Director with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.
3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date.
A sample of an acceptable progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.
4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” and its attachments.
5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.
6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 20
Menifee Mayor and City Council
November 1, 2023
Page
296 of 365
17336.00001\41641064.1
EXHIBIT C
7. RCTC will pay the City within 30 days after receipt by RCTC of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Work; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 21
Menifee Mayor and City Council
November 1, 2023
Page
297 of 365
17336.00001\41641064.1
Exhibit “C-1”
EXHIBIT “C-1”
ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of City’s Engineer (“Total Compensation”).
1.ELEMENTS OF COMPENSATION.
Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 22
Menifee Mayor and City Council
November 1, 2023
Page
298 of 365
17336.00001\41641064.1
Exhibit “C-1”
1.1.2.3 Overhead Costs ____________________
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required. The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 23
Menifee Mayor and City Council
November 1, 2023
Page
299 of 365
17336.00001\41641064.1
Exhibit “C-1”
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.
3. INVOICING.
3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City’s Engineer with two (2) copies to City’s Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 24
Menifee Mayor and City Council
November 1, 2023
Page
300 of 365
17336.00001\41641064.1
Exhibit “C-1”
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.
3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 25
Menifee Mayor and City Council
November 1, 2023
Page
301 of 365
17336.00001\41641064.1
Exhibit “C-2”
EXHIBIT “C-2”
Sample Cover Letter to RCTC
Date
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the City of _____________’s invoice for professional and technical services that was rendered by our contractors in connection with the _______________ Agreement No. ________ effective (Month/Day/Year). The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 26
Menifee Mayor and City Council
November 1, 2023
Page
302 of 365
17336.00001\41641064.1
Exhibit “C-3”
EXHIBIT “C-3”
Sample Letter from Contractor to City
Month/Date/Year
______________
______________
______________
Attn: Accounts Payable Invoice
#____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 27
Menifee Mayor and City Council
November 1, 2023
Page
303 of 365
17336.00001\41641064.1
Exhibit “C-4”
EXHIBIT C-4
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 28
Menifee Mayor and City Council
November 1, 2023
Page
304 of 365
17336.02600\32593628.1 1
Agreement No. 23-72-097-00
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
WITH THE CITY OF MENIFEE
1. Parties and Date.
1.1 This Agreement is executed and entered into this day of , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and CITY OF MENIFEE (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.
2. Recitals.
2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.
2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).
2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.
2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.
2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial (“MARA”) Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.
3. Terms.
3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the McCall Boulevard Widening Project, (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:
1) CONS – Construction
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 29
Menifee Mayor and City Council
November 1, 2023
Page
305 of 365
17336.02600\32593628.1 2
The Work phase(s) funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to RCTC (“the Project”). The Project is more fully described in Exhibit “B” attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.
3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Three Million, One Hundred Forty Thousand Dollars ($3,140,000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.
3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.
3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”.
3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC’s Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.
3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit “A” for the Work. The City shall inform RCTC of any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC’s Executive Director and the City Manager shall be authorized to execute any such amendment.
3.2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged construction of the Work.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 30
Menifee Mayor and City Council
November 1, 2023
Page
306 of 365
17336.02600\32593628.1 3
3.3 City’s Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit “A”.
3.3.1 City’s Obligation to Repay MARA Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section
3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.
3.3.2 City’s Local Match Contribution. The City shall provide at least One Million, Nine Hundred Ten Thousand Dollars ($1,910,000) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.
3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: (i) all aspects of bidding, awarding, and administration of the contracts for the Work; (ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.
3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of MARA Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Armando G. Villa, City Manager, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 31
Menifee Mayor and City Council
November 1, 2023
Page
307 of 365
17336.02600\32593628.1 4
3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.
3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.
3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.
3.9.1 Termination for Convenience.
3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.
3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2.
3.9.2 Termination for Cause.
3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination. In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 32
Menifee Mayor and City Council
November 1, 2023
Page
308 of 365
17336.02600\32593628.1 5
MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.
3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.
3.12 Indemnification.
3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.
3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.
RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.
3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 33
Menifee Mayor and City Council
November 1, 2023
Page
309 of 365
17336.02600\32593628.1 6
in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.
3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and
3.13.1.3 Contain standard separation of insured provisions.
3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
3.14 Procedures for Distribution of MARA Funds to City.
3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.
3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 34
Menifee Mayor and City Council
November 1, 2023
Page
310 of 365
17336.02600\32593628.1 7
thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached hereto.
3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.
3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.
3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 35
Menifee Mayor and City Council
November 1, 2023
Page
311 of 365
17336.02600\32593628.1 8
3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.
3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.
3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY OF MENIFEE RCTC
29844 Haun Road Riverside County Transportation Commission Menifee, CA 92586 4080 Lemon Street, 3 rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN:City Manager ATTN: Executive Director
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services.
3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 36
Menifee Mayor and City Council
November 1, 2023
Page
312 of 365
17336.02600\32593628.1 9
contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.
3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.
3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
[Signatures on following page]
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 37
Menifee Mayor and City Council
November 1, 2023
Page
313 of 365
17336.02600\32593628.1 10
SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
RIVERSIDE COUNTY CITY OF MENIFEE
TRANSPORTATION COMMISSION
By: By: ________________________ Anne Mayer, Executive Director Armando G. Villa, City Manager
ATTEST:
By: ________________________
Sarah Manwaring, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _________________________________ By:
_________________________
Best, Best & Krieger Jeffrey T. Melching,
Counsel to the Riverside County City Attorney
Transportation Commission
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 38
Menifee Mayor and City Council
November 1, 2023
Page
314 of 365
17336.02600\32593628.1
Exhibit A
EXHIBIT “A”
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: Widen McCall Boulevard from Oak Hurst Avenue to Menifee Road, approximately 0.75 miles, from two lanes to four lanes. Includes modifying an existing traffic signal at Junipero Road, installing sidewalks and ADA ramps, relocating existing utilities, improving drainage, installing bicycle lanes.
FUNDING:
PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $3,140,000 $1,910,000 $5,050,000
TOTAL $3,140,000 $1,910,000 $5,050,000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.
PHASE START DATE END DATE COMMENTS
Construction 7/2024 5/2025 210 Working Days
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 39
Menifee Mayor and City Council
November 1, 2023
Page
315 of 365
17336.02600\32593628.1
Exhibit B
EXHIBIT “B”
PROJECT LOCATION MAP
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 40
Menifee Mayor and City Council
November 1, 2023
Page
316 of 365
17336.02600\32593628.1
Exhibit C
EXHIBIT “C”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.
2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC’s Executive Director with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.
3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date.
A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.
4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” and its attachments.
5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.
6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 41
Menifee Mayor and City Council
November 1, 2023
Page
317 of 365
17336.02600\32593628.1
Exhibit C
Invoice No. ____________________________
7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 42
Menifee Mayor and City Council
November 1, 2023
Page
318 of 365
17336.02600\32593628.1
Exhibit “C-1”
EXHIBIT “C-1”
ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of City’s City Engineer (“Total Compensation”).
1.ELEMENTS OF COMPENSATION.
Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 43
Menifee Mayor and City Council
November 1, 2023
Page
319 of 365
17336.02600\32593628.1
Exhibit “C-1”
1.1.2.3 Overhead Costs ____________________
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required. The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 44
Menifee Mayor and City Council
November 1, 2023
Page
320 of 365
17336.02600\32593628.1
Exhibit “C-1”
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.
3. INVOICING.
3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative.
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 45
Menifee Mayor and City Council
November 1, 2023
Page
321 of 365
17336.02600\32593628.1
Exhibit “C-1”
charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.
3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 46
Menifee Mayor and City Council
November 1, 2023
Page
322 of 365
17336.02600\32593628.1
Exhibit “C-2”
EXHIBIT “C-2”
Sample Cover Letter to RCTC
Date
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the City of _____________’s invoice for professional and technical services that was rendered by our contractors in connection with the _______________ Agreement No. ________ effective (Month/Day/Year). The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 47
Menifee Mayor and City Council
November 1, 2023
Page
323 of 365
17336.02600\32593628.1
Exhibit “C-3”
EXHIBIT “C-3”
Sample Letter from Contractor to City/County
Month/Date/Year
______________
______________
______________
Attn: Accounts Payable Invoice
#____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 48
Menifee Mayor and City Council
November 1, 2023
Page
324 of 365
17336.02600\32593628.1
Exhibit C-4
EXHIBIT C-4
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 49
Menifee Mayor and City Council
November 1, 2023
Page
325 of 365
RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2023/24 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund 301 Adopted FY 2023/24 Revenue Budget: $531,369.00
1. Record Appropriation(s):
Amended Grant Fund 301 FY 2023/24 Revenue Budget: $4,763,511.16 Grant Fund 301 Adopted FY 2023/24 Expenditure Budget: $531,369.00
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023
2023 Carryover Grant: Urban
Greening 301-3747 $87,700.00
August 16, 2023
Grant: National Opiate Litigation
Settlement 301-3895 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-3859 $690,120.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-3752 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-3752 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-3753 $3,140,000.00
TOTAL: $4,232,142.16
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023 2023 Carryover Grants Various $458,394.82
August 16, 2023
Grant: National Opiate Litigation
Settlement 301-4911-58165 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-4555-58098 $690,120.00 November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-4555-58177 $131,000.00
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 50
Menifee Mayor and City Council
November 1, 2023
Page
326 of 365
Amending the Fiscal Year 2023/24 Grant Fund Budget
Active Transportation Program Grant
2 4
7 5
1 7
Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $5,134,205.98
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund 301 for the City of Menifee for FY2023/24 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Grant: RCTC Regional Arterial Improvements Program $3,140,000.00 Amended Grant Fund 301 FY2023/24 Budget $4,763,511.16
Expenditures:
Grant: RCTC Regional Arterial Improvements Program $3,140,000.00 $0 Amended Grant Fund 301 FY2023/24 Budget $5,134,205.98 PASSED, APPROVED AND ADOPTED this 1st day of November, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-4555-58190 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-4555-58119 $3,140,000.00
TOTAL: $4,602,836.98
Item Title: 10.11
Riverside
County
Transportation
Commission’s
Measure
A
Regional
Arterial
Improvements
Program
Grant
Acceptances
for Fiscal Year 2023/2024
Item Page Number: 51
Menifee Mayor and City Council
November 1, 2023
Page
327 of 365
CITY OF MENIFEE
SUBJECT: Agreements and Bonds for Plot Plan No. 2020-0167 / IP 22- 025, Boulders Mixed Use, by Boulders Menifee LLC.
MEETING DATE: November 1, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Acting Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Public Improvement Agreements to guarantee the completion of required public improvements associated with Plot Plan No. 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC, located north of Normandy Road and east of Berea Road.
DISCUSSION
Plot Plan No. 20-0167 (“PLN20-0167”), also known as Boulders Mixed Use (“Project”), is a proposed development of a 10.14-acre parcel into a three-story office building, a day care building, and a 234-unit apartment complex. The Project is located north of Normandy Road and East of Berea Road.
Boulders Menifee LLC, a California limited liability company (“Developer”), is now requesting the approval of Public Improvement Agreements (“PIAs”) as required by the Project’s conditions of approval. The PIAs require that the improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the agreements.
Staff has reviewed the Developer’s request and determined that the PIAs meet the requirements of the Project’s conditions. A summary of the bonds being posted to guarantee the required improvements are shown in Table 1 on the following page.
Item Title: 10.12
Agreements and Bonds for Plot Plan No. 2020-0167 / IP 22-025, Boulders Mixed Use, by Boulders Menifee LLC.
Item Page Number: 1
Menifee Mayor and City Council
November 1, 2023
Page
328 of 365
City of Menifee Staff Report
Boulders Mixed Use - PIAs
November 1, 2023