Agenda packet — Menifee City Council, November 15, 2023 (part 3 of 4)

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On November 3, 2021, the City of Menifee entered into a Professional Services Agreement (PSA) with Southstar to provide Construction Management and Inspection services for the Project. At the time of the PSA execution, it was anticipated that the construction phase of the Project would commence in October 2022 and be completed by April 2024. The Project is supported by a combination of federal, local, and regional funding sources. Due to eligibility restrictions for the use of the various funding sources, and to support expenditure tracking and transparency, the Project work was separated into two individual subprojects to be conducted in parallel. Work related to the construction of the underground water, sewer and recycled water utilities (Underground Utilities) on the west side of the I-215 was separated from the Project work of actually constructing the overcrossing facility (Overcrossing Construction). This separation of Project work provided a clean distinction between the Underground Utilities portion of the Project that is supported by federal American Rescue Plan Act (ARPA) funds and the Project work of the Overcrossing Construction which is supported by local and regional funds.

Southstar’s original proposal was to manage a single project for a duration of 12 months.

Separation of the Project work has resulted in the need for Southstar to manage the two subprojects separately and in doing so, oversee two separate contractors, even though both subprojects are part of CIP 13-03. In an effort to keep the Project moving, Southstar agreed to manage both projects under the original PSA until such time as the PSA was able to be re- evaluated to address the scope, compensation and term updates resulting from the Project split.

The Underground Utilities portion of the Project was awarded to Ferreira and began in January 2023, with the construction of the Underground Utilities while the environmental clearance and encroachment permits were being finalized for the Overcrossing Construction. The Underground Utilities work was bid for 55 working days and scheduled to finish in March 2023.

During Ferriera’s initial potholing and excavation of the underground utilities it became evident that there were a number of unexpected conditions existing at the Project site. Unknown in-ground utilities from communication companies were discovered that were not shown on the plans and existing pipe elevations. In additions, locations shown on other utility as-builts did not match the field conditions on both sides of I-215. To add to the challenges, heavy rains during the previous months elevated the underground water table causing the proposed sewer line trenching to be in a wet condition. These issues caused the Project to be suspended while plans were revised and approved. These field conditions necessitated that a change order be negotiated by Southstar with Ferriera. At the same time, delays were experienced in both CalTrans approvals of the necessary Encroachment Permit and necessary Environmental Mitigation credits being secured to satisfy the permitting agencies’ requirements for the Project.

These issues, combined, resulted in the Project timeline being delayed by approximately six months beyond the original target start date. The Project is now scheduled to be substantially completed by July 2024.

Given the extent of the Project delays and the division of the Project into subprojects, it became necessary to revise the original PSA with Southstar. Southstar initially proposed an $1.7 million increase in the contract amount. Staff negotiated with the Southstar on multiple occasions, and ultimately Southstar agreed to an increase of $1.15 million to cover the additional time and work Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
Item Page Number: 2

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November 15, 2023
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City of Menifee Staff Report
Southstar Engineering and Consulting Inc. Amendment - CIP 13-03 November 15, 2023

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caused by the project delays. The table below summarizes the construction amendment history for this project.

Table 1 – Southstar Agreement History:

PSA Activity Approval Date Summary of Changes Value
Original Contract November 3, 2021
Construction Management
services $3,248,237.43
Amendment No. 1 TBD
Additional CM Services due
to unforeseen conditions $1,152,405.31
TOTAL $4,400,642.74
Based on these circumstances, for the City to manage and deliver a high-quality project and properly close out the Project with the multiple agencies involved, the budget for the Project needs to be increased and the amendment for the PSA needs to be approved.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The total fiscal impact for proposed Amendment No. 1 with Southstar would be $1,152,405.31.

Funding is available for Amendment No. 1 in the Project’s approved fiscal year 2023-24 budget, as summarized in Table 2 below.

Table 2 – Identified Project Funding
Fund Account Number Available Balance Cost of Additional Services
DIF – Citywide Circulation 526-4555-58021 $1,221,467.34 $1,152,405.31

ATTACHMENTS

1. Project Location Map

2. Original Agreement - Southstar

3. Amendment No. 1 - Southstar
Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
Item Page Number: 3

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November 15, 2023
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
Item Page Number: 4

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November 15, 2023
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 13-03: HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _ ______ day of _____________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on Novemeber 3, 2021 and shall end on June 30 , 2024 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 t hat 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 Agreemen t 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 reasonabl y necessary to satisfy Consultant’s obligations hereunder.

DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 November3rd
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Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed THREE MILLION TWO

HUNDRED FORTY EIGHT THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND FORTY THREE CENTS ($3,248,237.43) notwithstanding any contrary indications that may be contained in Consultant’s pr oposal, 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 Ser vices, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insuran ce shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence fo rm 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 i ncluded in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insur ance must include the following reference: CIP 13-03: HOLLAND ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; prim ary 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 pursu ant 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 pri mary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subj ect to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under 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.

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

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

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

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personne l pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding a ny 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 compensati on, 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.

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SECTION 7. LEGAL REQUIREMENTS.

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

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

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

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

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SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

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

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation t o 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 b y Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obli gations 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; DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Pe rformance. 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 writte n 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 limite d to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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10.8 City Contract Administration . This Agreement shall be administered by a City employee, Carlos Geronimo, Principal Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

SOUTHSTAR ENGINEERING & CONSULTING, INC
Attn: Jason Bennecke
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:

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

10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with repo rt/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 DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

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

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

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

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

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

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

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Amr Abuelhassan, Executive Vice
President/CFO

Yvette Kirrin, President

[Corporation must have two signatures]
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
Item Page Number: 19

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EXHIBIT A

SCOPE OF SERVICES
Services shall include Construction Management Services for CIP 13-03: Holland Road Overpass Project in amount not to exceed THREE MILLION TWO HUNDRED FORTY EIGHT

THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND FORTY THREE CENTS ($3,248,237.43) as further detailed in the following page(s).

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
This is Amendment No. (“Amendment 1”) to that certain Professional Services Agreement (“Agreement”) made on November 3, 2021 between the City of Menifee (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC. (“Consultant”) for CIP 13-03

HOLLAND ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT
SERVICES) this Amendment No. 1 is made and entered into on ______________, 2023 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 6 shall have the meanings ascribed to them in the Agreement.

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

1.1 Term of Services. The term of this Agreement shall begin on the November 3, 2021 and shall end on December 31, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

2.SECTION 2, “Compensation” is amended to increase the maximum compensation by One Million One Hundred Fifty Two Thousand Four Hundred Five Dollars and Thirty One Cents ($1,152,405.31), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Four Million Four Hundred Thousand Six Hundred Forty Two Dollars and Seventy Four Cents ($4,400,642.74) 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.

3. 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 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:

Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
Item Page Number: 35

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SCOPE OF SERVICES
Consultant shall provide CIP 13-03 HOLLAD ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES), in the amount not to exceed Four Million Four Hundred Thousand Six Hundred Forty Two Dollars and Seventy Four Cents ($4,400,642.74) as further detailed in the following page(s).

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

5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

CITY OF MENIFEESOUTHSTAR ENGINEERING &
CONSULTING, INC.
_______________________________ _______________________________ Rebekah Kramer, Acting City Manager Amr Abuelhassan, Executive President/CFO
Attest: ________________________________
Yvette Kirrin, President
_______________________________
Sarah Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
Item Page Number: 36

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EXHIBIT A

SUPPLEMENT TO SCOPE OF SERVICES
[Attached on the following pages]
Item Title: 10.12
Agreement Amendment No. 1 with Southstar Engineering & Consulting, Inc., for the Holland Road/I-215 Overcrossing Project Construction Management
Item Page Number: 37

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EXHIBIT A

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CITY OF MENIFEE
SUBJECT: Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing
Underground Utilities Subproject
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve an increase to the contract contingency amount with Ferreira Coastal Construction Company to a total of $201,734.56, or 28.05% of the original contract amount, and authorize the City Manager to approve Contract Change Order No. 7 in a not-to-exceed amount of $21,984.10.

DISCUSSION
The Holland Road / I-215 Overcrossing, Capital Improvement Program Project No. 13-03 (“Project”), is the construction of a new four-lane bridge over Interstate-215 (I-215) from Haun Road to Hanover Lane to provide a connection between the City’s east and west sides.

Construction of the Project requires installation of mechanically stabilized earth retaining walls on the east side, improvements to drainage, irrigation, landscaping, and the installation of traffic signals on Holland Road at Haun Road and Hanover Lane.

Although staff makes every effort to carefully study and anticipate the extent of the scope of work required to achieve project goals, unforeseen needs are often encountered as a project of this magnitude progresses. Unknown site conditions, weather, and expanded environmental requirements brought about by newly identified site conditions may result in necessary increases to the scope of work and extensions to a project’s timeline. Each of these factors can result in project delays and additional costs that were unknown at the time of original project proposals.

The Project has presented several unanticipated circumstances which have resulted in the need to process a final construction change order with Ferreira Coastal Construction Company (Ferreira) to close out the work performed related to the underground utilities for the Project.

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 1

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City of Menifee Staff Report
CCO No. 7 with Ferreira
November 15, 2023

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On October 19, 2022, the City Council awarded a contract to Ferreira in the amount of $719,174 to perform the construction services for the water, sewer, and recycled water utility work related to the Underground Utilities subproject. The contractor immediately began work after receiving the Notice to Proceed from the City. As mentioned earlier in this report, the initial excavations for the underground utilities exposed several unmarked and unknown utilities, as well as other unknown site conditions, which prevented the timely execution of the work. This resulted in the need for additional revisions and changes to Ferreira’s original scope of work which is represented by a total of six prior contract change orders, as identified in Table No. 1 below:

Table No. 1 – Ferreira Change Order Summary
Change
Order No.

Date
Approved
Description of Services Amount
1 March 3, 2023 Cancelled sewer line for SCE vault –
material restocking fee
$398.14
2 March 15, 2023 Additional potholing of three previously unidentified utilities
$5,365.16
3 March 30, 2023 Change in piping material due to EMWD
water line standards
$1,377.80
4 July 19, 2023 Additional labor efforts required due to sewer line conflict with unmarked utilities,
encountered groundwater, differing
elevations, potholing utilities not identified on
plans.
$94,056.97
5 July 6, 2023 Tie-in of the new 12" water line to the existing 12" water line at Holland Road
$52,000.00
6 Oct. 25, 2023 Additional T&M work and quantity
adjustments
$26,552.39
7 TBD Additional T&M work related to relocation of
existing service laterals
$21,984.10
TOTAL $201,734.56
Contract Change Order (CCO) No. 7 was initiated due to additional work required to relocate and connect existing service laterals and appurtenances to the existing properties and address other unforeseen conditions. This CCO increases costs for some work line items and reduces costs for items that were not used in the contract. The overall impact of CCO No. 7 is an additional $21,984.10 in costs and would bring the total amount of change orders for the Underground Utilities subproject to $201,734.56. It is important to note that this is the final change order for this portion of the Project.

On July 19, 2023, City Council approved an increase in contingency for this project in the amount equal to 25% of the original construction costs. At that time staff felt that this was sufficient to cover all the remaining unknown conditions that would be encountered in the field. The Underground Utilities project was completed in September 2023. The City’s Construction Manager firm for the project, Southstar, and Ferreira have met multiple times to true up the final Underground Utilities subproject costs and negotiate a final CCO for the Project. The resulting amount negotiated for CCO No. 7 exceeds the available contingency previously approved by City Council.

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 2

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City of Menifee Staff Report
CCO No. 7 with Ferreira
November 15, 2023

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0 8
The total of $201,734.56 for all seven CCOs exceeds the 25% contingency previously established by an additional 3.05%, bringing the total contingency required to 28.05% of the original contract price. Per City Municipal Code § 3.12.090, approval must be made by the City Council. Approval of this item would increase the contingency for the Underground Utilities portion of the Project from 25%, as approved on July 19, 2023, to 28.05%, for a contingency total of $201,734.56. By increasing the contingency amount and authorizing the City Manager to approve change orders up to 28.05% of the original contract value, staff would proceed to make the final payment to Ferreira and close out the Underground Utilities portion of the Project.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is existing funding in the Project account to cover the proposed increase to Ferreira’s construction contract and payment of Contract Change Order No. 7, as outlined in Table No. 2 below. There are no additional fiscal impacts associated with the recommended actions.

Table No. 2 – Existing Project Funding
Fund Account Number Available Budget CCO No. 7
Capital Projects 320-4555-58021 $214,062.61 $21,984.10

ATTACHMENTS

1. Project Location Map

2. CCO No. 7 - Ferriera
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 3

Menifee Mayor and City Council
November 15, 2023
Page
424 of 672

215
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Haun Rd
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N e w p o r t R dProject Site
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 4

Menifee Mayor and City Council
November 15, 2023
Page
425 of 672

JesusILoveYou

CITY OF MENIFEE

DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 07

Page 1 of 2 ends

DATE: 10/19/2023
PROJECT DESCRIPTION: HOLLAND ROAD - WATER, SEWER, AND RECYCLED WATER UTILITY PROJECT NO:

CONTRACTOR:

CIP 13-03 PURCHASE ORDER NO: 04306
Ferreira Coastal Construction Company
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:

The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project.

ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL
1 Perform miscellaneous extra work to complete the project per the attached sheet FA 1.00 $ 21,984.10 $21,984.10 TOTAL ESTIMATED BUDGET FOR THIS CHANGE ORDER: $21,984.10 This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto.

JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary)

1. Justification for the extra work is detailed in the attached sheet.

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 5

Menifee Mayor and City Council
November 15, 2023
Page
426 of 672

JesusILoveYou

CITY OF MENIFEE

DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 07

Page 2 of 2 ends

CONTRACT VARIANCE SUMMARY
CCO # Description Amount
$398.14
% Additional Time Date Approved
1 2
3 Supply & install 16" steel casing
Perform additional potholing

0.06%

0.75%

0.19%
0 1
0 $5,365.16
$1,377.8012" Water pipe material change
Additional work related to the
installation of the 8" sewer line
Tie-in of the new 12" water line to the
existing 12" water line at Holland
Road
4 $94,056.97 13.08% 61
5 $52,000.00
$26,552.39
$21,984.10
$201,734.56

7.23%

3.69%

3.06%

28.05%
4 06
7 Misc. Extra Work at Force Account
Misc. Extra Work at Force Account 0
Totals 66
Original Contract Amount: $719,174.00 Date Started: January 23, 2023 April 10, 2023
66*
Previous Change Order Amounts:

Current Change Order Amount:
$179,750.46
$21,984.10
Original Completion Date:

Additional Time (Working Days)
Revised Contract Amount: $920,908.56 Revised Completion Date: July 28, 2023 (**) (*) includes 39 WD Contract time extension and
27 WD project suspension
(**) includes 10 weather days
AUTHORIZATION BY CITY:

Recommended for approval by:
__________________________________________Date: __________ Amr Abuelhassan, Southstar Construction Manager
_______________________________________Date: __________ Carlos E. Geronimo, City Project Manager
Approved by:
________________________________________ Date: __________ Nicolas Fidler
__________________________________
Rebekah Kramer
Date: ___________
Director of Public Works/Engineering Acting City Manager ACCEPTANCE BY CONTRACTOR:

We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto.

Accepted by: _____________________________________________________ Signature
Date: ____________________________
James Black / Division Manager
Please print name and title
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 6

Menifee Mayor and City Council
November 15, 2023
Page
427 of 672

JOB NAME: 5502 - City of Menifee - Holland Rd
Description
DATE: 10/12/2023
Amount
CO #07
Date
6/16/2023 T&M Report Dated: 6.16.23 Due to Edison encasement in trench turned TEE down to go under in casement by south star directions and install 6" blow off at Station 26+56 $
$
$
2,482.04
714.84
6/23/2023
8/23/2023
T&M Report Dated: 6.23.23 Used compressor to break asphalt, used backhoe to dig down to 5 feet. Found 8" pipe fot an OD 9.05. Backfill put temporarily, Cleaned work area and back filled around B.O.

T&M Report Dated 8.23.23: Broke out area for 8" fire line tie in, excavated, dewatered, cut and tied in 8" fire line from back flow, poured kicker, and partly backfilled, had to wait for concrete to cure. 5,407.04 8/24/2023 T&M Report Dated 8.24.23: Excavated new meter at connection point also exposed existing meter to relocate to new connection, we had it exposed and chipped concrete from 90 and hit unexpected piping looping inside concrete. Turned off water, removed meter and backflow and installed both at new connection and tied it in line, let glue cure and poured concrete on 90 bends and had to backfill back flow and pour kickers before turning on water. $
$
4,565.25
543.038/25/2023
9/6/2023
T&M Report Dated 8.25.23: Backfilled open trenches from 2" water service Adkan Survey per RFI Changes $ 8,271.90
Total Amount $ 21,984.10
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 7

Menifee Mayor and City Council
November 15, 2023
Page
428 of 672

JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 6/16/2023 T&M Report Dated: 6.16.23 Due to Edison casement in trench turned TEE down to go under in casement by south star directions and install 6" blow off at Station 26+56.

Total Labor
Labor Surcharge
Labor Markup
1,036.58

0.00 207.32
0%
20%
Total Materials
Sales Tax
Material Markup

0.00 0.00

0.00 8.75%
15%
Total Equipment
Equipment Markup
1,055.28
158.2915%
Total Subcontractors
Sub Markup

0.00 0.005%
1% $24.57Bond
Grand Total 2,482.04
JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 6/16/2023 Labor
Name
Fred Flores
James Mitchell
Deon Matthews
Labor Type
300 Labor Foreman VI
300 Laborer III
Local 12 VIII

QTY U/M
hrs
hrs
hrs
Rate
$81.32
$76.54
U/M
hrs
hrs
hrs
EXT OT HR OT Rate U/M EXT
4 4
4 $
$
$
325.28
306.16
405.14
$108.39 hrs
$101.26 hrs
$134.96 hrs
$
$
$
$
$
$
-
-
-
-
-
-
$101.28
TOTAL $ 1,036.58
Equipment
PRICE
$54.71
Equip #
T-104
Model QTY
4 U/M U/M EXT
218.84
SB HR OT Factor U/M

0.88 hrs

0.87 hrs

0.89 hrs
EXT
Ford F-550/ Contractor Body (19.5K LBS) hrs hrs $ $
$
$
$
$
-
-
-
-
-
AC-28
BH-11
L-04
Vanair 185 Under Deck Compressor
Case/ Backhoe
Cat/Track Skid Steer
4 4
4 4
hrs
hrs
hrs
hrs
$28.53
$61.17
$55.95
$63.46
hrs
hrs
hrs
hrs
TOTAL
$
$
$
$
$
114.12
244.68
223.80
253.84
1,055.28

0.90 hrs

0.88 hrsT-65 Ford F750/ Water Truck (GVWR 33K LBS)
$ -
Rental Equipment
PRICEEquipment Model No. QTY U/M U/M EXT
hrs
hrs
hrs
hrs
$
$
$
$
$
-
-
-
-
-TOTAL
Subcontractors / Contractor
Name
Name
QTY
QTY
U/M
LS

PRICE U/M EXT
TOTAL $ -
Materials

PRICEU/M
LS
LS
LS
LS
U/M
LS
LS
LS
LS
EXT RECEPIT # CUSTOMER
$
$
$
$
$
-
-
-
-
-TOTAL
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 8

Menifee Mayor and City Council
November 15, 2023
Page
429 of 672

TIME AND MATERIALS EXTRA WORK REPORT
FERREIRA CONSTRUCTION CO., INC.
10370 COMMERCE CENTER DR., SUITE B-200
RANCHO CUCAMONGA, CA 91730
PHONE (909) 606-5900 1 1NO. OF
LICENSE NO. 985180 FAX (909) 606-7711
1-33100 Day Friday 6-16-23COST CODE: SHIFT: WORK DAY: WORK DATE:

CONTRACT #:
(CALL SUPERVISOR FOR COST CODE. EVERY TICKET MUST HAVE A COST CODE PRIOR TO PERFORMING WORK) Holland RD 5502 City of MenifeeJOB NAME: JOB #: CUSTOMER:

LABOR RECORD
REG.

HOURS HOURS
OT REG.

HOURS HOURS
OTEMP # EMPLOYEE NAME CLASS EMP # EMPLOYEE NAME CLASS
1 LAbF Fred Flores
James Mitchell
Deon Matthews
4 4
4 6
7Lab2
Op3 8
4 5
9 10

FCC EQUIPMENT RECORD

EQUIP EQUIP
HOURSEQUIP. # EQUIPMENT DESCRIPTION EQUIP. # EQUIPMENT DESCRIPTIONHOURS 4 4
4 4
Utility truck
Backhoe
Air compressor
1 2
3 4
5 T104
Bh11
Ac28
L04
6 7
8 Skid steer 9
T-65 Water truck 4 10

MATERIALS & RENTAL EQUIPMENT

RENTAL EQUIPMENT / MATERIALS DESCRIPTION QUANTITY / HOURS RENTAL CO NAME / MATERIAL SUPPLIER 1 2
3 4
5 6
7 8
9 10
WORK LOCATION: CCO #: OFFICE USE ONLY
PLAN SHEET # (IF AVAILABLE): STATION #: GF: DATE:

DATE:PM:WORK DESCRIPTION: ( WHO ORDERED THE WORK? WHAT WORK DID YOU DO? WHERE AS THE WORK DONE ON THE JOB SITE?) Do to Edison casement in trench turned TEE down to go under in casement by south star directions and install 6”blow off. At station 26+56 BILLING METHOD:

GREENBOOK CALTRANS

OTHERBACKCHARGE
BILLING RATES:

STANDARD OTHER
Ryan Brown
Fred Flores
DATE:

DATE:
6-16-23
6-16-23
REC'D IN ACCT'G:VERIFIED BY: (PRINT CLEARLY & SIGN)
FOREMAN: (PRINT CLEARLY & SIGN)
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 9

Menifee Mayor and City Council
November 15, 2023
Page
430 of 672

JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 6/23/2023 T&M Report Dated: 6.23.23 Used compressor to break asphalt, used backhoe to dig down to 5 feet. Found 8" pipe fot an OD

9.05. Backfill put temporarily, Cleaned work area and back filled around B.O.

Total Labor
Labor Surcharge
Labor Markup
313.02

0.00 62.60
0%
20%
Total Materials
Sales Tax
Material Markup

0.00 0.00

0.00 8.75%
15%
Total Equipment
Equipment Markup
288.82

43.3215%
Total Subcontractors
Sub Markup

0.00 0.005%
1% $7.07Bond
Grand Total 714.84
JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 6/23/2023 Labor
Name
Fred Flores
Javier Mendoza
Labor Type
300 Labor Foreman VI
300 Laborer I
QTY
2 2
U/M
hrs
hrs
hrs
hrs
hrs
Rate
$81.32
$75.19
U/M
hrs
hrs
hrs
hrs
hrs
EXT OT HR OT Rate U/M EXT
$
$
162.64
150.38
$108.39 hrs
$99.24 hrs
$
$
-
-
hrs
hrs
hrs
TOTAL $ 313.02 $ -
Equipment
PRICEEquip #
T-104
AC-28
Model QTY U/M
hrs
hrs
hrs
hrs
U/M EXT SB HR OT Factor U/M

0.88 hrs

0.87 hrs

0.89 hrs
hrs
EXT
Ford F-550/ Contractor Body (19.5K LBS)
Vanair 185 Under Deck Compressor
Case/ Backhoe
2 2
2 $54.71
$28.53
$61.17
hrs
hrs
hrs
hrs
$
$
$
109.42

57.06 122.34
$
$
$
-
-
-BH-11
TOTAL $ 288.82 $ -
Rental Equipment
PRICEEquipment Model No. QTY U/M U/M EXT
hrs
hrs
hrs
hrs
$
$
$
$
-
-
-
-
-TOTAL $
Subcontractors / Contractor
Name
Name
QTY
QTY
U/M
LS

PRICE U/M EXT
EXT
TOTAL $ -
Materials

PRICEU/M
LS
LS
LS
LS
U/M RECEPIT # CUSTOMER
LS
LS
LS
LS
$
$
$
$
-
-
-
-
-TOTAL $
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 10

Menifee Mayor and City Council
November 15, 2023
Page
431 of 672

TIME AND MATERIALS EXTRA WORK REPORT
FERREIRA CONSTRUCTION CO., INC.
10370 COMMERCE CENTER DR., SUITE B-200
RANCHO CUCAMONGA, CA 91730
PHONE (909) 606-5900 1 1NO. OF
LICENSE NO. 985180
COST CODE:

FAX (909) 606-7711
Day Friday 6/23/2023SHIFT: WORK DAY: WORK DATE:

CONTRACT #:
(CALL SUPERVISOR FOR COST CODE. EVERY TICKET MUST HAVE A COST CODE PRIOR TO PERFORMING WORK) 5502JOB NAME: JOB #: CUSTOMER:

LABOR RECORD
REG.

HOURS HOURS
OT REG.

HOURS HOURS
OTEMP # EMPLOYEE NAME CLASS EMP # EMPLOYEE NAME CLASS
1 2
3 4
5 Freddie Flores
Javier Mendoza
2 2
6 7
8 9
10 FCC EQUIPMENT RECORD

EQUIP EQUIP
HOURSEQUIP. # EQUIPMENT DESCRIPTION EQUIP. # EQUIPMENT DESCRIPTIONHOURS 2 2
BH 11
T-104
AC28
1 2
3 4
5 6
7 2 8
9 10

MATERIALS & RENTAL EQUIPMENT

DATE:PM:WORK DESCRIPTION: ( WHO ORDERED THE WORK? WHAT WORK DID YOU DO? WHERE AS THE WORK DONE ON THE JOB SITE?) Used compressor to break asphalt
Used backhoe to dig down to 5 feet found 8”pipe got an OD 9.05 Backfilled put temporary
Cleaned work area back filled around B.O
BILLING METHOD:

GREENBOOK CALTRANS

OTHERBACKCHARGE
BILLING RATES:

STANDARD OTHER
Ryan brown
Freddie Flores
DATE: 06/23/2023
06/23/2023
REC'D IN ACCT'G:VERIFIED BY: (PRINT CLEARLY & SIGN)
FOREMAN: (PRINT CLEARLY & SIGN) DATE:

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 11

Menifee Mayor and City Council
November 15, 2023
Page
432 of 672

JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 8/23/2023 T&M Report Dated 8.23.23: Broke out area for 8" fire line tie in, excavated, dewatered, cut and tied in 8" fire line from back flow, poured kicker, and partly backfilled, had to wait for concrete to cure.

Total Labor
Labor Surcharge
Labor Markup
1,904.68

0.00 380.94
0%
20%
Total Materials
Sales Tax
Material Markup
1,403.58
122.81
228.96

8.75%
15%
Total Equipment
Equipment Markup
1,141.34
171.2015%
Total Subcontractors
Sub Markup

0.00 0.005%
1% $53.54Bond
Grand Total 5,407.04
JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 8/23/2023 Labor
Name
Vicente Zubia
Alejandro Lopez
Marcelino Garcia
Michael Renner
Brandon Guthrie
Labor Type
300 Labor Foreman VI
300 Laborer IV
300 Laborer III
Local 12 XII (Foreman)
Local 12 VI-App Step 4

QTY U/M
hrs
hrs
hrs
hrs
hrs
Rate
$91.24
$87.98
$85.84
$117.37
$93.74
U/M
hrs
hrs
hrs
hrs
hrs
TOTAL
EXT OT HR OT Rate U/M EXT
4 4
4 4
4 $
$
$
$
$
$
364.96
351.92
343.36
469.48
374.96
1,904.68
$136.86 hrs
$131.97 hrs
$128.75 hrs
$176.06 hrs
$140.60 hrs
$
$
$
$
$
$
-
-
-
-
-
-
Equipment
PRICE
$54.71
$28.53
$55.95
$46.35
$42.39
$54.71
$5.39
Equip #
T-109
AC-30
L-04
EX-10
T-67
T-138
Model QTY U/M
hrs
hrs
hrs
hrs
hrs
hrs
hrs
U/M
hrs
hrs
hrs
hrs
hrs
hrs
hrs
TOTAL
EXT SB HR OT Factor U/M

0.88 hrs

0.87 hrs

0.90 hrs

0.84 hrs

0.88 hrs

0.89 hrs
EXT
Ford F-550/ Contractor Body (19.5K LBS)
Vanair 185 Under Deck Compressor
Cat/Track Skid Steer
4 4
4 4
4 4
2 $
$
$
$
$
$
$
$
218.84
114.12
223.80
185.40
169.56
218.84

10.78 $
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
Takeuchi / Excavator
Ford F-250/Reg Cab Pickup ( GVWR 10K L
Ford F550/ 16' Stake Bed (GVWR 19.5K LB
Multiquip/9 cf Towable mixerMX-04
1,141.34
Rental Equipment
PRICEEquipment Model No. QTY U/M U/M EXT
hrs
hrs
hrs
hrs
$
$
$
$
$
-
-
-
-
-TOTAL
Subcontractors / Contractor
Name
Name

QTY U/M
LS

PRICE U/M EXT
TOTAL $ -
Materials

PRICEQTY
1 1
4 20
33 U/M
EA
EA
EA
LF
U/M
EA
EA
EA
LF
EXT RECEPIT #
1137195-00
1138047-00
1138047-00
1136059-00
H0614-376930

CUSTOMER
WWW
WWW
WWW
WWW
MJ 90 BEND 8"
8" MJ SLEEVE
8" MEGA LUGS
8" C900 PIPE
$180.20 $
$
$
$
$
$
180.20
182.00
326.48
606.00
108.90
1,403.58
$182.00
$81.62
$30.30
$3.30 BGS
TOTAL
RED BAGS OF CONCRETE QUICKSET BGS Home Depot
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 12

Menifee Mayor and City Council
November 15, 2023
Page
433 of 672

TIME AND MATERIALS EXTRA WORK REPORT
FERREIRA CONSTRUCTION CO., INC.
10370 COMMERCE CENTER DR., SUITE B-200
RANCHO CUCAMONGA, CA 91730
PHONE (909) 606-5900 1 1NO. OF
LICENSE NO. 985180 FAX (909) 606-7711
1-33201 Day Wednesday 8/23/23COST CODE: SHIFT: WORK DAY: WORK DATE:

CONTRACT #:
(CALL SUPERVISOR FOR COST CODE. EVERY TICKET MUST HAVE A COST CODE PRIOR TO PERFORMING WORK) Holland water and sewer 5502 City of MenifeeJOB NAME: JOB #: CUSTOMER:

LABOR RECORD
REG.

HOURS HOURS
OT REG.

HOURS HOURS
OTEMP # EMPLOYEE NAME CLASS EMP # EMPLOYEE NAME CLASS
1 2
3 4
5 Vince zubia
Alejandro lopez
Marcelino garcia
Mike renner
LF
LAB
LAB
OP
4 4
4 4
4 6
7 8
9 Brandon Guthrie AOP 10

FCC EQUIPMENT RECORD

EQUIP EQUIP
HOURS
4 2
EQUIP. # EQUIPMENT DESCRIPTION EQUIP. # EQUIPMENT DESCRIPTIONHOURS 4 4
4 4
Utility truck
Underbody air compressor
Takeuchi mini excavator
Skid steer
T138
Mx04
Flat bed
Mixer
1 2
3 4
5 T109
Ac30
EX10
L04
6 7
8 9
T67 F150 pick up 4 10

MATERIALS & RENTAL EQUIPMENT

RENTAL EQUIPMENT / MATERIALS DESCRIPTION QUANTITY / HOURS RENTAL CO NAME / MATERIAL SUPPLIER 1 MJ 90 bend 8”
2 8” MJ sleeve
3 8” mega lugs
4 8” C900 pipe
1 1
4 Western water works
20’
5 Red bags of of concrete quickset 33 bags
6 7
8 9
10 WORK LOCATION: Holland CCO #: OFFICE USE ONLY
PLAN SHEET # (IF AVAILABLE): STATION #: GF: DATE:

DATE:PM:WORK DESCRIPTION: ( WHO ORDERED THE WORK? WHAT WORK DID YOU DO? WHERE AS THE WORK DONE ON THE JOB SITE?) Marcelino went to yard to pick up mixer and shoring ,we broke out area for 8” fire line tie in ,excavated,de watered ,cut and tied in 8” fire line from back flow , poured kicker ,and partly backfilled , I had to wait for concrete to cure ,before changing the line Marcellino had to take truck and mixer back to riverside yard
BILLING METHOD:

GREENBOOK CALTRANS

OTHERBACKCHARGE
BILLING RATES:

Inspector approved work performed and materials only

STANDARD OTHER
Matt eddy
Vince zubia
DATE:

DATE:
8/23/23 REC'D IN ACCT'G:VERIFIED BY: (PRINT CLEARLY & SIGN) FOREMAN: (PRINT CLEARLY & SIGN) 8/23/23
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 13

Menifee Mayor and City Council
November 15, 2023
Page
434 of 672

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 14

Menifee Mayor and City Council
November 15, 2023
Page
435 of 672

INVOICE
5831 PINE AV CHINO HILLS, CA - 91709
PHONE: (909)597-7000 | FAX: (909)597-7050
INVOICE #
1138047-00
Member Since 2017 PO #
5502
QUOTE # PO DATE INVOICE DT PAGE #
76735 08/23/23 1 of 1CUST #: 100618

BILL TO SHIP TO

FERREIRA CONST CO
10370 COMMERCE CENTER DR
STE B-200

HOLLAND RD

HAUN RD & HOLLAND RD
MENIFEE, CA 92586
RANCHO CUCAMONGA, CA 91730

CONTACT

MOBILE PHONE
EMAIL
Scott Johnson
(909)680-9384
[email protected]

INSTRUCTIONS SHIP POINT
CHINO

VIA SHIPPED TERMS
ATTN OUR TRUCK NET 30 DAYS

LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT --- ==================== --
-MATERIAL BELOW WAS NOT ON THE PROPOSAL-
MS-08121
2 3
4 5
6 7
8 1
4 1
4 2
1 2
1 0
0 0
0 0
0 0
0 1
4 1
4 2
1 2
1 EA
EA
EA
EA
EA
EA
EA
EA
182.00

81.62 17.50

6.90 182.00
326.48

17.50 27.60

4.20 SGPA-08
406-025#
2-1/2 ELL-90 S SCH40
437-292#
2-1/2 X 2 BUSHING S SCH40
436-020 2.10
2 SCH40 PVC ADAPTER MIPXS
CF31-77 80.20

30.40 3.40

80.20 60.80

3.40 2 BRZ MTR FLG FIP DBL DRILLED
BRP-02
2 BRZ PLUG SOLID
CC-01
1 COPPER CPLG SXS LESS STOP
8 Lines Total Qty Shipped Total 16 Total
Taxes
702.18

61.44 Invoice Total 763.62
Cash Discount 0.00 If Paid Within Terms
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 15

Menifee Mayor and City Council
November 15, 2023
Page
436 of 672

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 16

Menifee Mayor and City Council
November 15, 2023
Page
437 of 672

SPECIAL SERVICES CUSTOMER INVOICE Page 1 of 1 No. H0614-376930 Notice of Cancellation (see Exhibit A) may be sent to this address:

HOME DEPOT U.S.A., INC.

Store 0614 MISSION VIEJO
27952 HILLCREST
Phone: (949) 364-1900
Salesperson: RAB744
Reviewer:

REPRINTMISSION VIEJO, CA 92692
Name Phone 1
BAKER DAVID (626) 940-8629
Address 6901 CUMBERLAND DRIVE Phone 2
2023-09-06 17:20Company Name FERREIRA CONSTRUCTION
City HUNTINGTN BCH Job Description 5350
State CA Zip 92647 County ORANGE

CARRY OUT

MERCHANDISE
We reserve the right to limit the quantities of merchandise sold to customersMERCHANDISE AND SERVICE SUMMARY
REF # W01 SKU # 0000-515-664 The items listed in this section will be carried out of the store by the customer at time of sale.

STOCK MERCHANDISE CARRIED OUT:

REF #
R01

SKU QTY UM DESCRIPTION PI TAX PRICE EACH EXTENSION
$9.901006-698-648 5.00 EA Gray 1-Bike Heavy-Duty Vinyl-Coated Screw-In Bike Storage Hook / Y $1.98 R03
R04
0000-383-759
0000-999-835

50.00 EA 55 lbs. Mortar Mix /

2.00 EA PALLET DEP /
Y
Y
$16.17
$25.00
$808.50*
$50.00
MERCHANDISE TOTAL: $1,053.20
END OF CARRY OUT MERCHANDISE - REF #W01

TOTAL CHARGES OF ALL MERCHANDISE & SERVICES

ORDER TOTAL

SALES TAX
TOTAL
$1,053.20Policy Id (PI): $81.62
$1,134.82
$0.00
: ;

BALANCE DUE
'The Home Depot reserves the right to limit / deny returns. Please see the return policy sign in stores for details.' END OF ORDER No. H0614-376930
Check your current order status online at
www.homedepot.com/orderstatus
* Indicates item markdown

Page 1 of 1 ends

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject Item Page Number: 17

Menifee Mayor and City Council
November 15, 2023
Page
438 of 672

JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 8/24/2023 T&M Report Dated 8.24.23: Excavated new meter at connection point also exposed existing meter to relocate to new connection, we had it exposed and chipped concrete from 90 and hit unexpected piping looping inside concrete. Turned off water, removed meter and backflow and installed both at new connection and tied it in line, let glue cure and poured concrete on 90 bends and had to backfill back flow and pour kickers before turning on water.

Total Labor
Labor Surcharge
Labor Markup
2,508.52

0.00 501.70
0%
20%
Total Materials
Sales Tax
Material Markup
159.30

13.94 25.99

8.75%
15%
Total Equipment
Equipment Markup
1,139.65
170.9515%
Total Subcontractors
Sub Markup

0.00 0.005%
1% $45.20Bond
Grand Total 4,565.25
JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 8/24/2023 Labor
Name Labor Type
300 Labor Foreman VI
300 Laborer IV

QTY U/M
hrs
hrs
hrs
hrs
Rate
$91.24
$87.98
$117.37
$85.84
U/M
hrs
hrs
hrs
hrs

EXT OT HR

1.5 1.5
OT Rate U/M EXT
205.29
197.96
-
193.13
596.37
Vicente Zubia
Alejandro Lopez
Michael Renner
5 5
5 5
$
$
$
$
456.20
439.90
586.85
429.20
1,912.15
$136.86 hrs
$131.97 hrs
$176.06 hrs
$128.75 hrs
$
$
$
$
$
Local 12 XII (Foreman)
Marcelino Garcia 300 Laborer III 1.5
TOTAL $
Equipment
PRICE
$54.71
$28.53
$55.95
$46.35
$42.39
Equip # Model QTY U/M
hrs
hrs
hrs
hrs
hrs
U/M EXT SB HR OT Factor U/M

0.88 hrs

0.87 hrs

0.90 hrs

0.84 hrs

0.88 hrs
EXT
T-109
AC-30
L-04
EX-10
T-67
Ford F-550/ Contractor Body (19.5K LBS)
Vanair 185 Under Deck Compressor
Cat/Track Skid Steer
Takeuchi / Excavator
Ford F-250/Reg Cab Pickup ( GVWR 10K
5 5
5 5
5 hrs
hrs
hrs
hrs
hrs
$
$
$
$
$
273.55
142.65
279.75
231.75
211.95
1,139.65
$
$
$
$
$
$
-
-
-
-
-
-TOTAL $
Rental Equipment
PRICEEquipment Model No. QTY U/M U/M EXT
hrs
hrs
hrs
hrs
$
$
$
$
-
-
-
-
-TOTAL $
Subcontractors / Contractor
Name
Name

QTY U/M
LS

PRICE U/M EXT
TOTAL $ -
Materials
QTY
20 1
4 2
U/M
LF
EA
EA
EA
PRICE U/M EXT RECEPIT #
1136689-00
1138047-00
1138047-00
1138047-00
1136689-00
H0614-376930

CUSTOMER
WWW
WWW
WWW
WWW
2" STICK OF SCH40 PIPE
2 1/2" SCH 40 - 90 BEND
$2.70 LF
EA
EA
EA
EA
$
$
$
$
$
$

54.00 17.50

27.60 4.20
$17.50
$6.90
$2.10
$3.20
2 1/2" TO 2" SLIP BY SLIP BUSHING SCH 40
2" THREADED BY SLIP MIP
2" 90 BEND SCH 40 1
16 EA
BGS

3.20 WWW
Home DepotRED BAGS OF CONCRETE QUICKSET $3.30 BGS 52.80 TOTAL $ 159.30
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 18

Menifee Mayor and City Council
November 15, 2023
Page
439 of 672

TIME AND MATERIALS EXTRA WORK REPORT
FERREIRA CONSTRUCTION CO., INC.
10370 COMMERCE CENTER DR., SUITE B-200
RANCHO CUCAMONGA, CA 91730
PHONE (909) 606-5900 1 1NO. OF
LICENSE NO. 985180 FAX (909) 606-7711
1-33201 Day Thursday 8/24/23COST CODE: SHIFT: WORK DAY: WORK DATE:

CONTRACT #:
(CALL SUPERVISOR FOR COST CODE. EVERY TICKET MUST HAVE A COST CODE PRIOR TO PERFORMING WORK) Holland water and sewer 5502 City of MenifeeJOB NAME: JOB #: CUSTOMER:

LABOR RECORD
REG.

HOURS HOURS
OT REG.

HOURS HOURS
OTEMP # EMPLOYEE NAME CLASS EMP # EMPLOYEE NAME CLASS
1 2
3 4
5 Vince zubia
Alejandro Lopez
Mike renner
LF
Lab
Op
5 5
5 5

1.5 1.5
6 7
8 Marcelino Garcia Lab 1.5 9
10 FCC EQUIPMENT RECORD

EQUIP EQUIP
HOURSEQUIP. # EQUIPMENT DESCRIPTION EQUIP. # EQUIPMENT DESCRIPTIONHOURS 5 5
Utility truck
Under body air compressor
F-150 pick up
1 2
3 4
5 T109
Ac30
T67
6 7
5 8
Ex10
L04
Mini excavator 5
5 9
Skid steer 10

MATERIALS & RENTAL EQUIPMENT

RENTAL EQUIPMENT / MATERIALS DESCRIPTION QUANTITY / HOURS RENTAL CO NAME / MATERIAL SUPPLIER 1 2” stick of schedule 40 pipe
2 2 1/2” sch 40. 90 bend
20’
1 Western water works
3 2 1/2” to 2” slip by slip bushing sch 40
4 2” threaded by slip MIP
1 2
5 2” 90 bend sch 40 1
6 Red bags of quick setting concrete 16
7 8
9 10
WORK LOCATION: Holland rd CCO #: OFFICE USE ONLY
PLAN SHEET # (IF AVAILABLE): STATION #: GF: DATE:

DATE:PM:WORK DESCRIPTION: ( WHO ORDERED THE WORK? WHAT WORK DID YOU DO? WHERE AS THE WORK DONE ON THE JOB SITE?) Excavated at new meter ,at connection point also exposed existing meter to relocate to new connection,we had it exposed and to chip concrete from 90 and hit unexpected piping looping inside concrete,we turned off water ,removed meter and back flow and installed both at new connection and tied it in line let glue cure we poured concrete on 90 bends and and had to backfill back flow and pour kicker’s before turning on water
BILLING METHOD:

GREENBOOK CALTRANS

OTHERBACKCHARGE
BILLING RATES:

STANDARD OTHER
Matt eddy
Vince zubia
DATE:

DATE:
8/24/23 REC'D IN ACCT'G:VERIFIED BY: (PRINT CLEARLY & SIGN) FOREMAN: (PRINT CLEARLY & SIGN) 8/24/24
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 19

Menifee Mayor and City Council
November 15, 2023
Page
440 of 672

BILL TO SHIP TO

FERREIRA CONST CO
10370 COMMERCE CENTER DR
STE B-200

HOLLAND RD

HAUN RD & HOLLAND RD
MENIFEE, CA 92586
RANCHO CUCAMONGA, CA 91730

CONTACT

MOBILE PHONE
EMAIL
Scott Johnson
(909)680-9384
[email protected]

INSTRUCTIONS SHIP POINT
CHINO

VIA SHIPPED TERMS
ATTN OUR TRUCK NET 30 DAYS

LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT --- ==================== --
-MATERIAL BELOW WAS NOT ON THE PROPOSAL-
1 2
3 4
5 6
7 8
MS-0812 1
4 1
4 2
1 2
1 0
0 0
0 0
0 0
0 1
4 1
4 2
1 2
1 EA
EA
EA
EA
EA
EA
EA
EA
182.00

81.62 17.50

6.90 182.00
326.48

17.50 27.60

4.20 8X12 DI C153 MJ SOLID SLV TC
SGPA-08
8 MJ RESTRAINT W/ACC C900 PIPE - STAR
406-025#
437-292#
436-020 2.10
CF31-77 80.20

30.40 3.40

80.20 60.80

3.40 2 BRZ MTR FLG FIP DBL DRILLED
BRP-02
2 BRZ PLUG SOLID
CC-01
1 COPPER CPLG SXS LESS STOP
8 Lines Total Qty Shipped Total 16 Total
Taxes
702.18

Menifee Mayor and City Council
November 15, 2023
Page
441 of 672

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 21

Menifee Mayor and City Council
November 15, 2023
Page
442 of 672

SPECIAL SERVICES CUSTOMER INVOICE Page 1 of 1 No. H0614-376930 Notice of Cancellation (see Exhibit A) may be sent to this address:

HOME DEPOT U.S.A., INC.

Store 0614 MISSION VIEJO
27952 HILLCREST
Phone: (949) 364-1900
Salesperson: RAB744
Reviewer:

CARRY OUT

STOCK MERCHANDISE CARRIED OUT:

REF #
R01

SKU QTY UM DESCRIPTION PI TAX PRICE EACH EXTENSION
$9.901006-698-648 5.00 EA Gray 1-Bike Heavy-Duty Vinyl-Coated Screw-In Bike Storage Hook / Y $1.98 R03
R04
0000-383-759
0000-999-835

50.00 EA 55 lbs. Mortar Mix /

2.00 EA PALLET DEP /
Y
Y
$16.17
$25.00
$808.50*
$50.00
MERCHANDISE TOTAL: $1,053.20
END OF CARRY OUT MERCHANDISE - REF #W01

TOTAL CHARGES OF ALL MERCHANDISE & SERVICES

ORDER TOTAL

SALES TAX
TOTAL
$1,053.20Policy Id (PI): $81.62
$1,134.82
$0.00
: ;

Page 1 of 1 ends

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject Item Page Number: 22

Menifee Mayor and City Council
November 15, 2023
Page
443 of 672

JOB NAME: 5502 - City of Menifee - Holland Rd
T&M Report Dated 8.25.23: Backfilled open trenches from 2" water service tie in and connection DATE: 8/25/2023
Total Labor
Labor Surcharge
Labor Markup
234.74

0.00 46.95
0%
20%
Total Materials
Sales Tax
Material Markup
110.60

9.68 18.04

8.75%
15%
Total Equipment
Equipment Markup
102.30

15.3515%
Total Subcontractors
Sub Markup

0.00 0.005%
1% $5.38Bond
Grand Total 543.03
JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 8/25/2023 Labor
Name
Michael Renner
Labor Type
Local 12 XII (Foreman)
QTY
2 U/M
hrs
Rate
$117.37
U/M
hrs
TOTAL $

EXT OT HR
SB HR
OT Rate
$176.06 hrs

U/M EXT
$ 234.74
234.74
$
$
-
-
Equipment
PRICEEquip #
EX-10
Model
Takeuchi / Excavator
Cat/Track Skid Steer
QTY
1 1
U/M
hrs
hrs
U/M EXT OT Factor U/M

0.84 hrs

0.90 hrs
EXT
$46.35
$55.95
hrs
hrs
TOTAL $
$
$

46.35 55.95
102.30
$
$
$
-
-
-
L-04
Rental Equipment
PRICEEquipment Model No. QTY U/M U/M EXT
hrs
hrs
hrs
hrs
$
$
$
$
-
-
-
-
-TOTAL $
Subcontractors / Contractor
Name
Name

QTY U/M
LS

PRICE U/M EXT
EXT
TOTAL $ -
Materials
QTY
1 1
U/M
EA
EA
PRICE U/M RECEPIT # CUSTOMER
WWW
WWW
2" BRASS METER FLANGE
2" BRASS PLUG
$80.20
$30.40
EA
EA
$
$

80.20 30.40
TOTAL $ 110.60
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 23

Menifee Mayor and City Council
November 15, 2023
Page
444 of 672

TIME AND MATERIALS EXTRA WORK REPORT
FERREIRA CONSTRUCTION CO., INC.
10370 COMMERCE CENTER DR., SUITE B-200
RANCHO CUCAMONGA, CA 91730
PHONE (909) 606-5900 1 1NO. OF
LICENSE NO. 985180 FAX (909) 606-7711
1-35220 Day Friday 8/25/23COST CODE: SHIFT: WORK DAY: WORK DATE:

CONTRACT #:
(CALL SUPERVISOR FOR COST CODE. EVERY TICKET MUST HAVE A COST CODE PRIOR TO PERFORMING WORK) Holland water and sewer 5502 City of MenifeeJOB NAME: JOB #: CUSTOMER:

LABOR RECORD
REG.

HOURS HOURS
OT REG.

HOURS HOURS
OTEMP # EMPLOYEE NAME CLASS EMP # EMPLOYEE NAME CLASS
1 2
3 4
5 Mike renner OP 2 6
7 8
9 10

FCC EQUIPMENT RECORD

EQUIP EQUIP
HOURSEQUIP. # EQUIPMENT DESCRIPTION EQUIP. # EQUIPMENT DESCRIPTIONHOURS 1 1
Takeuchi mini excavator
Skid steer
1 2
3 4
5 Ex10 6
7L04
8 9
10 MATERIALS & RENTAL EQUIPMENT

RENTAL EQUIPMENT / MATERIALS DESCRIPTION QUANTITY / HOURS RENTAL CO NAME / MATERIAL SUPPLIER 1 2” brass meter flange
2 2” brass plug
1 1
3 4
5 6
7 8
9 10
WORK LOCATION: Holland CCO #: OFFICE USE ONLY
PLAN SHEET # (IF AVAILABLE): STATION #: GF: DATE:

DATE:PM:WORK DESCRIPTION: ( WHO ORDERED THE WORK? WHAT WORK DID YOU DO? WHERE AS THE WORK DONE ON THE JOB SITE?) Back filled open trenches from 2” water service tie in and connection BILLING METHOD:

GREENBOOK CALTRANS

OTHERBACKCHARGE
BILLING RATES:

STANDARD OTHER
Matt eddy
Vince zubia
DATE:

DATE:
8/25/23 REC'D IN ACCT'G:VERIFIED BY: (PRINT CLEARLY & SIGN) FOREMAN: (PRINT CLEARLY & SIGN) 8/25/23
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 24

Menifee Mayor and City Council
November 15, 2023
Page
445 of 672

BILL TO SHIP TO

FERREIRA CONST CO
10370 COMMERCE CENTER DR
STE B-200

HOLLAND RD

HAUN RD & HOLLAND RD
MENIFEE, CA 92586
RANCHO CUCAMONGA, CA 91730

CONTACT

MOBILE PHONE
EMAIL
Scott Johnson
(909)680-9384
[email protected]

INSTRUCTIONS SHIP POINT
CHINO

VIA SHIPPED TERMS
ATTN OUR TRUCK NET 30 DAYS

LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT --- ====================
-MATERIAL BELOW WAS NOT ON THE PROPOSAL-
1 MS-0812
8X12 DI C153 MJ SOLID SLV TC
2 SGPA-08
8 MJ RESTRAINT W/ACC C900 PIPE - STAR
3 406-025#
--
1 4
1 4
2 1
2 1
0 0
0 0
0 0
0 0
1 4
1 4
2 1
2 1
EA
EA
EA
EA
EA
EA
EA
EA
182.00

81.62 17.50

6.90 182.00
326.48

17.50 27.60

4.20 4 437-292#
5 436-020
6 CF31-77

2.10 80.20

30.40 3.40

80.20 60.80

3.40 2 BRZ MTR FLG FIP DBL DRILLED
7 BRP-02
2 BRZ PLUG SOLID
8 CC-01
1 COPPER CPLG SXS LESS STOP
8 Lines Total Qty Shipped Total 16 Total
Taxes
702.18

Menifee Mayor and City Council
November 15, 2023
Page
446 of 672

JOB NAME: 5502 - City of Menifee - Holland Rd
T&M Report Dated 9.6.23: Adkan Survey per RFI Changes
DATE: 9/6/2023
Total Labor
Labor Surcharge
Labor Markup

0.00 0.00

0.00 0%
20%
Total Materials
Sales Tax
Material Markup

0.00 0.00

0.00 8.75%
15%
Total Equipment
Equipment Markup

0.00 0.0015%
Total Subcontractors
Sub Markup
7,800.00
390.005%
1% $81.90Bond
Grand Total 8,271.90
JOB NAME: 5502 - City of Menifee - Holland Rd DATE: 9/6/2023 EXT
Labor
RateName Labor Type QTY U/M U/M EXT OT HR OT Rate U/M
TOTAL
U/M
$
$
-
EXT
-
$
$
-
EXT
-
Equipment
Equip # Model QTY
QTY
U/M PRICE SB HR OT Factor U/M
TOTAL
U/M
Rental Equipment
Equipment Model No. U/M
hrs
hrs
hrs
hrs

PRICE EXT
$
$
$
$
$
-
-
-
-
-TOTAL
Subcontractors / Contractor
Name QTY
2 4
12 2
4 U/M PRICE
325.00
325.00
325.00
325.00
325.00

U/M EXT
Adkan Engineering Ticket 40687
Adkan Engineering Ticket 40690
Adkan Engineering Ticket 39287
Adkan Engineering Ticket 39866
Adkan Engineering Ticket 39877
HRS
HRS
HRS
HRS
HRS
HRS
HRS
HRS
HRS
HRS
$
$
$
$
$
650.00
1,300.00
3,900.00
650.00
1,300.00
ADKAN 5.22.23

5.23.23 6.3.23

6.26.23 7.7.23
ADKAN
ADKAN
ADKAN
ADKAN
PLEASE NOTE TICKET 39287's RATE IS NOT DOUBLE TIME
TOTAL $ 7,800.00
Materials
PRICEName QTY U/M U/M EXT
-
RECEPIT # CUSTOMER
EA $
$TOTAL -
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 26

Menifee Mayor and City Council
November 15, 2023
Page
447 of 672

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 27

Menifee Mayor and City Council
November 15, 2023
Page
448 of 672

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 28

Menifee Mayor and City Council
November 15, 2023
Page
449 of 672

06/05/2023
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 29

Menifee Mayor and City Council
November 15, 2023
Page
450 of 672

Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 30

Menifee Mayor and City Council
November 15, 2023
Page
451 of 672

07/13/2023
Item Title: 10.13
Contract Change Order with Ferreira Coastal Construction Company for the Holland Road/I-215 Overcrossing Underground Utilities Subproject
Item Page Number: 31

Menifee Mayor and City Council
November 15, 2023
Page
452 of 672

CITY OF MENIFEE
SUBJECT: Master Agreement with Spicer Consulting Group for Professional On-Call Services for Special District Annexation and Other Related Services
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Public Works Financial Analyst 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 Master Agreement for professional on- call services for special district annexation and other related services with Spicer Consulting Group effective July 1, 2023, through June 30, 2027, for a total not-to-exceed amount of $350,000 for the term of the agreement; and

2. Authorize the Finance Department to issue individual purchase orders against the Agreement.

DISCUSSION
In February 2022, following a competitive Request for Proposal (“RFP”) process, Spicer Consulting Group (“SCG”) was selected as the consultant to provide special district administration, annexation, formation, and bond issuance services to the City. The RFP was developed to establish a consultant for the fiscal year 2022/2023 budget year with options for agreement term extensions through June 30, 2027. Multiple City departments utilize services provided through SCG, and as such, separate agreements and funding sources are established for services based on each department’s need. The special district services provided by SCG include, but are not limited to:
•Annual Engineer’s Reports & Annual Reports
•Database Integrity
•Special Tax Rate Calculations
•Assessment Rates
•Levy Information / Data Collection
•Annual Levy Preparation and Submittal
•Compliance with Proposition 218
Item Title: 10.14
Master Agreement with Spicer Consulting Group for Professional On-Call Services for Special District Annexation and Other Related Services
Item Page Number: 1

Menifee Mayor and City Council
November 15, 2023
Page
453 of 672

City of Menifee Staff Report
Master Agreement with Spicer Consulting - Public Works/Engineering November 15, 2023

Page 2 of 3 ends

1 8
6 1
•City Council Meeting Preparation and Presentations
•Delinquency Monitoring
•Respond to Property Owner Questions
•Internet portal providing information for Property Owners and City Employees •Annexation Services for Future Annexations
•Bond Issuance Services
•Other On-Call Services for Finance, Planning, Community Services, and Public Works Departments
The Public Works Engineering Division (“Engineering”) utilizes SCG to assist in the process of annexing new developments into the City’s existing maintenance Community Facility Districts (CFDs). Annexation into CFDs is a standard condition of approval for all new developments and establishes an ongoing revenue source for proper maintenance of public infrastructure and amenities established as part of the development. Occasionally other special district on-call services are needed for tasks such as district related audits or maintenance exhibit area mapping updates. Costs associated with annexation services are fully offset through developer deposits.

Costs of other services provided may be offset by special district assessments from the specific districts work is performed for.

In June 2023, the City Council authorized staff to implement the use of a multi-year agreement for pre-qualified professional service firms to serve as a master agreement that would be established for a specific number of years and with a predetermined not-to-exceed amount for the full agreement term. To date over 35 master agreements have been executed, supporting efficient processing, transparent tracking, and timely engagement of firms for services provided to the Engineering and Capital Improvement Program divisions.

The proposed Master Agreement for professional on-call services for special district annexation and other related services (“Agreement”) would eliminate the need for Engineering and Finance staff to close out and reestablish a new agreement with SCG at the end/beginning of each fiscal year and would provide continuity of services year over year. Rates for services through June 2027 were previously established through SCG’s response to the 2021 RFP and are incorporated into the Agreement.

The Agreement would not exceed $350,000 for the proposed four-year term for fiscal years 2023/2024 through 2026/2027 and services requested against the Agreement would not exceed the total available and approved professional services budgets at the time of request. In no event would the cumulative amount of the purchase orders or direct payments issued against the Agreement exceed the total not-to-exceed amount established for the Agreement.

STRATEGIC PLAN OBJECTIVE
Thriving Economy
Implementation of this Agreement would support objectives in the City’s Strategic Visioning for a Thriving Economy by streamlining internal development-related processes and providing more transparency of professional services expenditures for ease of future reporting and contract monitoring.

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FISCAL IMPACT
There is no additional fiscal impact associated with approval of the proposed Agreement. Funding for special district annexation services is included in the approved fiscal years 2023/2024 and 2024/2025 Engineering and Special District operating budgets.

It is important to note that the costs associated with special district annexation services are offset through required developer deposits. Other service requests related to special districts would be offset through the specific district where work is performed. The collective total of all purchase orders issued would not exceed the total not-to-exceed amount established for the full Agreement term. Purchase order issuance would be limited to available operating budgets at the time of requested services.

ATTACHMENTS

1. Master Agreement
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Master Agreement with Spicer Consulting Group for Professional On-Call Services for Special District Annexation and Other Related Services
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CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES

SPECIAL DISTRICT ANNEXATION AND OTHER RELATED SERVICES

THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this ____ day of _______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SPICER CONSULTING GROUP, a California 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. GENERAL PROVISIONS.

1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide on- call services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).

1.2 No Guaranteed Work. The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manager, or designees. This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager up to the compensation amount set forth in Section 3.1, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.

1.3 Term. This Agreement shall become effective on July 1, 2023 and shall continue until June 30, 2027, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.

1.4 Termination. The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.

1.5 Contract Administrator. Kristen Jensen (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement. Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.

1.6 Consultant Representative. Shane Spicer is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may change the Consultant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.

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

Spicer Consulting Group
Attn: Shane Spicer
41880 Kalmia Street, Suite 145
Murrieta CA 92562
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kristen Jensen, Financial Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
SECTION 2. SERVICES.

2.1 Purchase Orders. Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager, or designees in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.

2.2 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.

2.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services. 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.

2.4 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.

2.5 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 a Purchase Order.

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2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and restrictions applicable to performance of the Services.

2.7 Facilities and Equipment. Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the Services. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 3. COMPENSATION.

3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00).

3.2 Invoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and 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 Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Purchase Order, 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;
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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; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:

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

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

3.4 Payment Holds. City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.

3.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

3.6 Payment Upon Termination. In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved 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. City 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.

SECTION 4. INDEMNIFICATION.

4.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of this Agreement, 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 Item Title: 10.14
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individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

4.2 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.

4.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 4 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 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

4.4 Limitation of Indemnification. The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 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.

4.5 Legal Requirements Related to Indemnification. If any applicable law would render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.

SECTION 5. INSURANCE.

5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.

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.
a. 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 Item Title: 10.14
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if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. b. Commercial General and Automobile Liability Insurance. i) 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. ii) 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.
iii) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an
accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
c. Professional Liability Insurance.
i) General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.

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ii) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be
submitted to City prior to the commencement of the Services under this Agreement.

5.2 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.

5.3 Continuation of Insurance. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

5.4 Additional Insured. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. 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.

5.5 Subcontractors’ Insurance. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until Item Title: 10.14
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Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.

5.6 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.

5.7 Verification of Coverage. Prior to execution of this Agreement, Consultant shall furnish City with 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 name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

5.8 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.

5.9 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. The Contractor Administrator may,but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:

Master Agreement for Professional On Call Services.

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

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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 and assignment of personnel pursuant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services 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 Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. 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 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 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.

7.2 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.

Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing 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 under Item Title: 10.14
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this Agreement 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.

7.3 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.

7.4 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 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.

7.5 Amendments. The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by all the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.

7.6 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 Item Title: 10.14
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than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

7.7 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; and/or d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had completed the Services.

SECTION 8. KEEPING AND STATUS OF RECORDS.

8.1 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.

8.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents Item Title: 10.14
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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.

8.3 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 or expenditures and disbursements charged to City for Services under this Agreement, if any 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.

8.4 Inspection and Audit of Records. Any records or documents that Section 8.3 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.

SECTION 9. MISCELLANEOUS PROVISIONS.

9.1 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.

9.2 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.

9.3 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.

9.4 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.

9.5 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 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 Item Title: 10.14
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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.

9.6 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.

9.7 Rights and Remedies. 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.

9.8 Integration. This Agreement, including the Exhibits attached hereto, 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. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.

9.9 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.

9.10 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.

9.11 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.

9.12 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.

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

9.14 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 Item Title: 10.14
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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.

9.15 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 any Services performed hereunder.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Rebekah Kramer, Acting City Manager
Attest:

Sarah Manwaring, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Shane Spicer, Managing Director
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.

EXHIBIT A

FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00).

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EXHIBIT B

RATE SCHEDULE
Annexation Services are to be charged as a lump sum as outlined on the following page.

Other special district related services such as financial consulting, database integrity audits, and miscellaneous on-call services would be charged at hourly rates as provided below.

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EXHIBIT C

INVOICING REQUIREMENTS
As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may request to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several items will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.

If multiple projects are being invoiced through a single billing submission, details of fiscal information for all projects are to be summarized in a table and included as part of the invoice. This table will have all projects listed with project name, project number or tract map number, purchase order number, the amount due on the current invoice for each project, the amount that was previously charged to each project purchase order, and the total amount billed to each project purchase order, as in the example below:

In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:

These details will be required on all future invoices submitted.

PROJECT NAME CIP or TRACT
NO.

IP / IS No. PURCHASE
ORDER NO.

PURCHASE

ORDER VALUE

CURRENT

AMOUNT DUE

PREVIOUS
AMOUNT
BILLED

TOTAL BILLED

TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00
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CITY OF MENIFEE
SUBJECT: Agreements and Bonds for Tract No. 37439, Canterwood, by

BRPLD LLC
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Chris Heron, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Public Improvement Agreement to guarantee the completion of required public improvements associated with Tract No. 37439 by BRPLD LLC, located east of Briggs Road and south of Holland Road, bordering City of Menifee Limits.

DISCUSSION
Tract No. 37439, also known as Canterwood (“Project”), is a proposed residential development in the unincorporated area of the County of Riverside just outside of Menifee city limits. The Project is located east of Briggs Road and south of Holland Road as shown in the attached location map.

While the Project is not located within the city limits, BRPLD LLC (“Developer”) is required to make sewer improvements that fall within Menifee city limits from Briggs Road to Tres Lagos Drive.

The Developer has requested the approval of a Public Improvement Agreement (“PIA”) as required by the Project’s conditions of approval. The PIA requires that improvement securities are posted to guarantee the completion of the required sewer improvements within 24 months from the City Council approval date of the agreement.

Staff has reviewed the Developer’s request and determined that the proposed PIA meets the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required improvements is shown in Table 1 on the following page.

Item Title: 10.15
Agreements and Bonds for Tract No. 37439, Canterwood, by BRPLD LLC Item Page Number: 1

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City of Menifee Staff Report
Improvement Agreement – TM 37439, Canterwood
November 15, 2023

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8 9
Table 1- Sewer Improvement Security
Improvement Security Faithful Performance Material and Labor Sewer BDTO500121023 $ 1,201,000 $ 600,500
Total $ 1,201,000 $ 600,500

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

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

ATTACHMENTS

1. Location Map

2. Agreement

3. Bond
Item Title: 10.15
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Location Map - Canterwood Sewer Tract 37439
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IN WITNESS WHEREOF, Developer has affixed his name, address, and seal.

Dated: ------'-�-f':J�< ___ , 20J
Dated: _______ , 20,l?;

CITY OF MENIFEE
By ___________ _
Rebekah Kramer, Acting City Manager
ATTEST:

By ___________ _
Sarah A. Manwaring, City Clerk
By:

Its: Nicole Burdette
President

CITY OF MENIFEE
By:�
Nicolas Fidler, Public Works Director
APPROVED AS TO FORM:

By:----------
Jeffrey T. Melching, City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
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CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Parcel Map No. 37130, McCall Plaza, by McCall Plaza, LP
MEETING DATE: November 15, 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
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RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, and sewer systems for Parcel Map No. 37130, McCall Plaza, located south of McCall Boulevard and east of Sherman Road; and

2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.

DISCUSSION
McCall Plaza Parcel Map No. 37130 (“Project”) is a subdivision of 8.69 gross acres into three parcels for commercial use. The Project is located on the south side of McCall Boulevard and east of Sherman Road, as depicted in the attached project map. As part of the development requirements, McCall Plaza, LP, a California Limited Partnership (“Developer”), constructed streets, drainage, water, and sewer system improvements.

The Developer has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the faithful performance and material and labor security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted improvement securities are listed in Table 1 on the following page.

Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Parcel Map No. 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 1

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City of Menifee Staff Report
Public Improvement Acceptance, Parcel Map 37130
November 15, 2023

Page 2 of 2 ends

1 8
6 5
Table 1 - Original Posted Security - Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage HACS-10-A-0009 $ 892,500 $ 446,250 Water System HACS-10-A-0009 $ 66,500 $ 33,250 Sewer System HACS-10-A-0009 $ 11,500 $ 5,750 Total $ 970,500 $ 485,250

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) 2015- 2, Zone 24.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Sewer System

5. Bond
Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Parcel Map No. 37130, McCall Plaza, by McCall Plaza, LP
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PROJECT MAP

VICINITY MAP
Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Parcel Map No. 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 3

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DocuSign Envelope ID: 1CDEC3D8-A790-4460-B9EC-8CA976B31AE6 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Parcel Map No. 37130, McCall Plaza, by McCall Plaza, LP
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DocuSign Envelope ID: 1CDEC3D8-A790-4460-B9EC-8CA976B31AE6 April 22
Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Parcel Map No. 37130, McCall Plaza, by McCall Plaza, LP
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Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Parcel Map No. 37130, McCall Plaza, by McCall Plaza, LP
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Item Title: 10.16
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CITY OF MENIFEE
SUBJECT: Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Haile Ford, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1. Approve the amended Conditions of Approval established for Tract Map No. 31194, Golden Meadows, located south of Garbani Road, north of Wickerd Road, and east of Evans Road, to incorporate language providing an option for the developer, Richland Planned Communities, Inc., to enter into a Community Facilities District (CFD) deferral agreement; and

2. Approve and authorize the City Manager to execute an agreement to defer the timing for the annexation of Tract Map No. 31194 into a maintenance CFD.

DISCUSSION
Golden Meadows, Tract Map No. 31194 (“Project”), is a subdivision of 206.8 gross acres into 474 single-family residential lots and is generally located south of Garbani Road, north of Wickerd Road, and east of Evans Road, as shown in the attached project map. The Project was originally approved by the County of Riverside as Tentative Tract Map No. 31194 on April 10, 2007. The Project has a total of four final map phases, including Tract Map (TM) 31194-1, -2, -3, and -F. As of the date of this report, no final map phase has been approved by the City Council. It is anticipated that TM 31194-1 would be presented to the City Council for final approval by January 2024.

Richland Planned Communities, Inc., a California Corporation (“Developer”), is the owner of the Project and, as such, was conditioned by the City to annex those portions of the Project within the public right-of-way into a Community Facilities District (CFD) for maintenance purposes prior to, or concurrent with, the recordation of the first final map. The current language in the Conditions of Approval for the Project does not provide an option for the Developer to defer annexation into the maintenance CFD.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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City of Menifee Staff Report
CFD Deferral Agreement – Golden Meadows TM 31194
November 15, 2023

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1 8
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The Developer anticipates submitting a final map for phase I of the project, TM 31194-1, for consideration at an upcoming City Council meeting. Given that the process for CFD annexation is a multi-step process that typically takes several months to complete, the Developer has requested that the Project’s Conditions of Approval (COA) be modified to allow the timing of the CFD annexation to take place after the recordation of the first final map, but prior to the issuance of the first building permit. If approved, Condition No. 226 of the COA would be modified to incorporate the language in red as follows:
226. ANNEXATION TO CFD. Prior to, or concurrent with the recordation of the final map, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the CFD. This CFD will also be responsible for:

The maintenance of public improvements or facilities associated with this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director.

The developer / property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD.

The proposed CFD deferral agreement would enable the final map for TM31194-1 to be considered ahead of annexation into the CFD. The agreement has been prepared and finalized based on the review and comments of the City Attorney’s Office and the Developer’s attorney.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. All costs associated with the future annexation of TM31194 into a maintenance CFD would be borne by the Developer.

ATTACHMENTS

1. Project Map

2. Modified Conditions of Approval (Redline)

3. Agreement
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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GOLDEN MEADOWS TM 31194

PROJECT LOCATION MAP
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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EXHIBIT “1”

CONDITIONS OF APPROVAL
Planning Application No.:Extension of Time No. 2019-060 (EOT 2019-060) - Third One Year Extension of Time for Tentative Tract Map No. 31194 (TR31194 “Golden Meadows”)
Project Description: TR31194 is a Schedule “A” residential subdivision of 206.8 acres into 474 Single Family Residential Lots with a minimum lot size of 6,000 square feet, three (3) parks and multiple open space lots for drainage, landscaping and water quality basin purposes.

TR31194 is located north of Wickerd Road, south of Garbani Road, east of Evans Road and west of Haun Road.

Assessor's Parcel No.:360-300-002 through 360-300-006, 360-300-009 and 360-350-001 MSHCP Category:Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
DIF Category:Single-Family
TUMF Category:Residential-Single Family
Quimby Category:Single Family DU (see conditions)
Approval Date:December 16, 2019 (Extensions Approved)
Expiration Date:April 10, 2020 for Tentative Map
Within 48 Hours of the Approval of This Project

1.Filing Notice of Determination (No Further Review Required). The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Determination (that no additional environmental review was required) as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15063 and 15162. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid.

2.Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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2 Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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3 Section I: Conditions applicable to All Departments
Section II: Community Development Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval
Section IV: Riverside County Fire Department Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Community Services Department Conditions of Approval
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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4 Section I:

Conditions Applicable to all
Departments
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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5 General Conditions

1. Project Description. The land division hereby permitted is a is a Schedule “A” residential subdivision of 206.8 acres into 474 Single Family Residential Lots with a minimum lot size of 6,000 square feet, three (3) parks and multiple open space lots for drainage, landscaping and water quality basin purposes.

2. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 31194 shall be henceforth defined as follows:

Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project.

TENTATIVE MAP = Tentative Tract Map No. 31194, Exhibit P, dated 2/2/07.

CHANGE OF ZONE = Change of Zone No. 6764, Exhibit A, sheets 1-3, dated 6/23/06.

FENCE AND WALL PLAN = Tentative Tract Map No. 31194, Exhibit W, dated 6/2/06 FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases.

3. Previous Conditions of Approval. These Conditions of Approval supersede all previous conditions of approval placed on Tentative Tract Map No. 31194 and Extension of Time Nos. 2017-031 and 2018-030 and all previous conditions of approval are rendered null and void.

4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project.

5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees.

Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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6 6. Expiration Date. This Extension of Time No. 2019-060 will extend the life of the map to April 10, 2020. The applicant can apply for up to two (2) additional one-year time extension under the current City Ordinance.

7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

Item Page Number: 9

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7 Section II:

Community Development
Department
Conditions of Approval
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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8 General Conditions

8. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. However, should Ordinance No. 460 be rescinded and superseded by a subsequent ordinance, the land division shall comply with the regulations and standards set forth in that ordinance shall be required.

9. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study). Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with.

10. Landscape Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of the individual home owners, a homeowners association, or any other successor-in-interest.

11. Landscaping. All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the Community Development Department’s landscaping installed and inspected conditions.

12. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD).

13. Front and Side Yard Landscaping Maintenance Responsibility. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee.

14. Park Plans. Park plans must be consistent with the City of Menifee Municipal Code Chapter 9.86 “Park Design, Landscaping and Tree Preservation”, the Park Development Guidelines, Menifee Municipal Code Chapter 15.04 “Landscape Water Use Efficiency Requirements” and Eastern Municipal Water District requirements.

15. No Offsite Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Menifee Municipal Code Chapter 9.76. Violation of this condition of approval may result in no Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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9 further permits of any type being issued for this subdivision until the unpermitted signage is removed.

16. Design Standards. The design standards for the subject parcel[s] are as follows:
a) Lots created by this map shall conform to the design standards of the R-1 and R-4 zones.
b) The front yard setback is 20 feet.
c) The side yard setback is 5 feet.
d) The street side yard setback is 10 feet.
e) The rear yard setback is 10 feet (R-1), 15 feet (R-4) except where a rear yard abuts a street, then the setback shall be the same as the front yard setback, in accordance with Section 21.77 of Ordinance No. 348.
f) The minimum average width of each lot is 65 feet (R-1) and 50 feet (R-4). g) The maximum height of any building is 40 feet.
h) The minimum parcel size is 6,000 square feet.
i) No more than 50% (R-1) of the lot shall be covered by structure. j) Residential driveway approaches shall comply with Ordinance No. 461, Standard No. 207.

EXCEPT AS ALLOWED BY THE AND ORDINANCE NO. 348, THERE SHALL BE NO ENCROACHMENT INTO THE SETBACK. However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.

17. Jurisdictional Waters. PDB# 3087 - Jurisdictional delineation; prepared by L & L Environmental, Inc. 7/28/04; received 8/30/04. A total of 0.86 acres are of federal jurisdiction and 0.67 acres are of state jurisdiction.

18. Slope Stability Report No. 675. County Slope Stability Report (SSR) No. 675 was prepared for this project (TR31194) by Leighton and Associates and is entitled:
"Preliminary Geotechnical Evaluation, Proposed Residential Development, Evans Road and Garbani Road, Menifee Area, Riverside County, California", dated June 27, 2002. In addition, Leighton and Associates submitted the following documents for this project:
a) "Geotechnical Review of Rough Grading Plans, Tract 31194, Menifee, County of Riverside, California", dated January 30, 2004.
b) “Geotechnical Review Update, Tentative Tract No. 31194, Menifee Area, County of Riverside, California", dated November 2, 2004.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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10 c) "Preliminary Rock Rippability Investigation, Tract 31194, Menifee, Riverside County, California", dated November 11, 2004.
d) "Response to County of Riverside Review Comments, Tentative Tract Map No. 31194, Menifee Area, County of Riverside, California", dated February 8, 2005.

These documents are herein incorporated as a part of SSR No. 675.

SSR No. 675 concluded:
a) The proposed 110 foot 2:1 cut slopes are anticipated to be grossly stable from static and pseudostatic cases.
b) Oversize rock is expected to be generated as a part of site grading. It is anticipated that the proposed fills are not generally deep enough to accommodate a significant volume of oversize rock burial below the required depth of 10 feet below finish grade.
c) The potential for rockfall due to either erosion or seismic ground shaking is significant along the steep, south and west-sloping hillsides on the eastern portion of the site.
d) No active or inactive fault traces are known to traverse the site and no evidence of onsite faulting was observed during this investigation. e) The potential for liquefaction due to the design earthquake event to affect structures at this site is low.
f) The potential total seismic densification of the onsite dry to damp alluvial soils due to the design earthquake event may be on the order of .5 inch. The potential differential seismic densification may be on the order of .5 inch in 40 feet laterally.
g) The nearest known active fault and source of the design earthquake is considered to be the Elsinore Fault Zone, which is located approximately 6.6 miles south of the subject site.

SSR No. 675 recommended:
a) Cut slopes should be observed during grading for unfavorable conditions, which may require remediation.
b) Nonstructural areas, such as the proposed park, may be overexcavated and used for burial of oversized rock. Oversized rock should be placed at least 3 feet below finish grade in nonstructural areas.
c) The potential hazard from individual rocks should be assessed during grading.

Where possible, rockfall hazards should be removed during grading. In the event that potentially unstable rock cannot be removed, remedial measures such as catchment areas, rock fences, or setbacks may be required.

SSR No. 675 satisfies the requirement for a slope stability assessment for planning purposes. Final approved of SSR No. 675 is hereby granted for planning purposes.

Engineering and other Uniform Building Code parameters where not included as a part of this review or approval and this approval is not intended, and should not be misconstrued as approval for grading permit. Additional fieldwork, analysis and reporting may be required as part of the grading plan application process. Engineering Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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11 and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits.

19. Design Guidelines. The project shall conform to the Countywide Design Standards and Guidelines adopted January 13, 2004 unless superseded by subsequent City Design Guidelines.

20. Phased Construction. If construction is phased, a phasing plan for construction and landscaping installation shall be approved by the Community Development Director.

21. Construction Hours. Any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer.

22. Reclaimed Water. The permittee shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District.

23. Lighting Hooded/Directed. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way.

24. Off Highway Vehicle Use. No off highway vehicle use shall be allowed on any parcel or open space area located within the boundaries of this land division map.

25. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.

26. Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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12 27. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s).
a) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find.
b) At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
c) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. d) Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non- Disclosure of Reburial Condition.
e) If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the project archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan. f) Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.”
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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13 28. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department:
i) Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii) Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request.
iii) If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation.

Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.

29. Inadvertent Paleontological Find. Should fossil remains be encountered during site development:
a) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. b) The applicant shall retain a qualified paleontologist approved by the County of Riverside.
c) The paleontologist shall determine the significance of the encountered fossil remains.
d) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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14 may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. e) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. f) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated.

30. Maintenance of Parks and Landscaping. All parks, landscaping and similar improvements not maintained by a property owner’s association or individual property owner must be annexed into a Lighting and Landscape Maintenance District, or other mechanism as determined by the City of Menifee (City).

31. Park Dedication. All Quimby or other park fees or dedication for parkland and park improvements shall be made or paid to the City of Menifee.

Fees

32. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study). Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with.

Prior to Phasing

33. Lot Access/Unit Plans. Any proposed division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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15 TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460. However, should Ordinance No. 460 be rescinded and superseded by a subsequent City subdivision ordinance, regulations and standards set forth in that ordinance shall be required.

Prior to Final Map

34. Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. However, should Ordinance No. 460 be rescinded and superseded by a subsequent ordinance, the land division shall comply with the regulations and standards set forth in that ordinance shall be required.

35. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer.

36. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following:
a) All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. b) All lots on the FINAL MAP shall comply with the minimum lot size of 6,000 sq. ft. c) All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the R-1 and R-4 zones and with the General Plan. d) All lots on the FINAL MAP shall comply with the length-to-width ratios, as established by Section 3.8.C. of County Ordinance No. 460.

However, should Ordinance No. 460 be rescinded and superseded by a subsequent ordinance, the land division shall comply with the regulations and standards set forth in that ordinance shall be required. e) All knuckle or cul-de-sac lots shall have a minimum of thirty-five (35) feet of frontage measured at the front lot line.
f) The common open space areas shall be shown as a numbered lot on the FINAL MAP.

37. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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16 However, should Ordinance No. 460 be rescinded and superseded by a subsequent ordinance, the land division shall comply with the regulations and standards set forth in that ordinance shall be required.

38. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6.”

39. ECS Note Rock Fall. An environmental constraints sheet (ECS) shall be prepared for this project. The ECS shall indicate the area of the project site that is subject to potential rockfall. In addition, a note shall be placed on the ECS as follows:
"Portions of this site, as delineated on the ECS map and as indicated in County Slope Stability Report (SSR) No. 675, contain areas of potential rockfall hazards.

These areas must be assessed by the project engineering geologist and/or geotechnical engineer and appropriately mitigated during site grading. All slopes must be maintained by the property owner to protect against erosion and future potential rockfall."

40. ECS Note Oversized Rock. An environmental constraints sheet (ECS) shall be prepared for this project. The ECS shall include a note as follows:
"The proposed grading of this site is anticipated to generate a significant amount of oversize rock that must be managed as part of site grading. Disposal of oversized rock must be done in accordance with the Uniform Building Code (UBC) and California Building Code (CBC)."

41. ECS Note Right to Farm. The following Environmental Constraints Note shall be placed on the ECS:
"Lot Nos. 181-198, 208-211, 251-252, 266-272, 321-329, 342-343, 359-395, 401- 436, 443-453, 459-466, 472-475, 485-486, as shown on this map, are located partly or wholly within, or within 300 feet of, land zoned for primarily agricultural purposes by the City of Menifee. It is the declared policy of the County of Riverside that no agricultural activity, operation, or facility, or appurtenance thereof, conducted or maintained for commercial purposes in the unincorporated area of the County, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years, if it wasn't a nuisance at the time it began. The term "agricultural activity, operation or facility, or appurtenances thereof" includes, but is not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any apiculture, or horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to, or in conjunction with, such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market." Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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17 In the event the number of lots, or the configuration of lots, of the FINAL MAP differs from that shown on the approved TENTATIVE MAP, the actual language used above shall reflect those lots which are partly or wholly within 300 feet of agriculturally zoned (A-1, A-2, A-P, A-D) properties.

42. AG/Dairy Notification. The land divider shall submit a detailed proposal for the notification of all initial and future purchasers of dwelling units within the subject project of the existence of dairies and/or other agricultural uses within the vicinity of the property and potential impacts resulting from those uses. Said notification shall be in addition to any notice required by Ordinance No. 625 (Riverside County Right- to-Farm Ordinance).

Said approved notification shall be provided to all initial and all future purchasers of dwelling units within the subject project.

During the final map review process, if the adjacent properties are no longer zoned for agricultural uses then this condition of approval will not apply.

43. Fee Balance. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the land divider and/or the land divider's successor-in-interest.

44. Maintenance Exhibit. Prior to map recordation, the developer shall prepare an exhibit that shows all open space lots within the tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and Public Works and Engineering Department.

45. Minor Change or Revised Map. Any significant revisions made to the approved tentative map, including significant revisions to the open space, will require the submittal of a Minor Change or Revised Map application to the Community Development Department for review and approval.

Prior to Issuance of Grading Permits

46. Slope Grading Techniques. The land divider/permit holder shall cause grading plans to be prepared which show all cut slopes located adjacent to ungraded natural terrain and exceed ten (10) feet in vertical height to be contour-graded incorporating the following grading techniques: 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2. Angular forms shall be discouraged.

The graded form shall reflect the natural rounded terrain. 3. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4. Where cut and/or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion.

47. 2:1 Slopes. Grading of the slopes located directly behind Lots 37-51, as shown on the approved tentative tract map, shall be exempt from the slope grading techniques identified in Condition of Approval No. 46. However, the slopes located behind Lots 37-51 shall be graded at a maximum steepness ratio of 2:1 (horizontal to vertical).

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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18 48. Stephens’ Kangaroo Rat (SKR) Fees. Prior to the issuance of a grading permit, the land divider/permit holder shall comply with the provisions of Riverside County Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Riverside County Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 206.8 acres (gross) in accordance with the TENTATIVE MAP. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Riverside County Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required.

49. Nesting Bird Survey. Birds and their nests are protected by the Migratory Bird Treaty Act (MBTA) and California Department of Fish and Wildlife (CDFW) Codes.

Since the project supports suitable nesting bird habitat, removal of vegetation or any other potential nesting bird habitat disturbances, shall be conducted outside of the avian nesting season (February 1st through August 31st). If habitat must be cleared during the nesting season, a preconstruction nesting bird survey shall be conducted.

The preconstruction nesting bird survey must be conducted by a biologist who holds a current MOU with the County of Riverside. Surveys shall cover all potential nesting habitat areas that could be disturbed by each phase of construction. Surveys shall also include areas within 500 feet of the boundaries of the active construction areas.

The biologist shall prepare and submit a report, documenting the results of the survey, to the City of Menifee Community Development Department for review and approval. If nesting activity is observed, appropriate avoidance measures shall be adopted to avoid any potential impacts to nesting birds.

50. Fee Balance. Prior to issuance of grading permits, the Community Development Department shall determine if the deposit based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer.

51. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved tentative map and the conditions of approval for the tentative map.

52. Retain Boulders. Boulders from onsite excavation/grading shall be retained for entry monumentation and front yard landscaping and not removed off site, used as fill, or destroyed wherever possible.

53. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

Item Page Number: 21

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19 54. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated.

If the grading permit is not obtained within 30 days of the survey a new survey shall be required.

If construction and/or disturbance of the site is suspended for a period of days (30) days or more, a new survey shall be required.

55. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following:
a) Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as fifty percent (50%).
b) Water active grading/excavation sites and unpaved surfaces at least three (3) times daily;
c) All paved roads, parking and staging areas must be watered at least once every two (2) hours of active operations
d) Site access points must be swept/washed within thirty (30) minutes of visible dirt deposition;
e) Sweep daily (with water sweepers) all paved parking areas and staging areas; f) Onsite stockpiles of debris, dirt or dusty material must be covered or watered at least twice daily;
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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20 g) Cover stockpiles with tarps or apply non-toxic chemical soil binders; h) All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard;
i) All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust;
j) Install wind breaks at the windward sides of construction areas; k) Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph;
l) Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; m) All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust;
n) Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour; o) Provide daily clean-up of mud and dirt carried onto paved streets from the site; p) Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;
q) All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust;
r) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and,
s) An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within twenty-four (24) hours of their receipt.

56. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS:

The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist).

The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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21 and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Planning Department for review and approval prior to issuance of a Grading Permit.

Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows:
a) The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. b) Paleontological monitoring of earthmoving activities will be conducted on an as- needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. c)If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary.
d) If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains.
e) If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate.
f) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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22 * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated.
g) A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Planning Department for review and approval prior to building final inspection as described elsewhere in these conditions.

All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g., Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Planning Department along with a copy of this condition and the grading plan for appropriate case processing and tracking.

57. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources.

The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.

The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition.

In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a) Project grading and development scheduling;
b) The Project archeologist and the Consulting Tribes(s) shall attend the pre- grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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23 monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; c) The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.

58. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on- site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

59. COA Relocation. Prior to any grading in the associated areas, the Project Applicant shall meet with the Project archaeologist and the Consulting Tribe(s) in order to assess CA-RIV 11905 to determine the suitability for relocation to a permanent open space area and also to assess the area for possible unidentified cultural resources.

The Consulting Tribe(s) shall work with the Project archaeologist, Project Applicant, and the grading contractor or appropriate personnel to insure that every effort is made to relocate the Features safely and to discuss the most appropriate methods for relocation. Before construction activities may resume in the affected area, any visible artifacts shall be recovered and recorded and the features recorded using professional archaeological methods. The current Department of Parks and Recreation (DPR) Forms shall be updated, detailing which features were relocated, the process taken, and updated maps providing documentation of the Features’ new location. The site record should clearly indicate that the Features are not in their original location and why they were relocated.

COA Control Grade. Site CA-RIV-11905 will be impacted during grading and construction activities and the soils surrounding them will be disturbed. The Applicant, the Pechanga Tribe, and the City will formalize a written agreement to identify the area that will be subject to “Controlled Grading” during construction of the Project. The Pechanga Tribe, the Applicant, and the City will develop an exhibit that outlines the area subject to controlled grading, and that area will be highlighted on the rough grading plans, precise grading plans or other off-site improvement plans that may impact this site. “Controlled Grading” shall include, without limitation, the slow and deliberate excavation and removal of soils employing the smallest reasonable cuts in certain areas using light scrapers (for example Caterpillar 623 or 627), dozers (for example D6-D8), front end loaders, excavators, skip loaders, dump Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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24 trucks, and motor graders. A controlled grading plan will be monitored by the Project archeologist and Pechanga Tribal Monitor(s) to ensure the systematic removal of the ground surface surrounding these features are monitored to allow for the identification of resources.

Results of all controlled grading activities shall be included in the Phase IV monitoring report.

COA – Phase III Report: If significant resources are found inadvertently during the project.

If the project will require a Phase III Data Recovery, the data recovery plan shall be prepared in consultation with Pechanga prior to City approving the said plan.

60. Environmental Permits. In order to prevent unauthorized impacts to jurisdictional features or riparian/riverine areas, the following permits shall be issued and/or reports approved (or exemptions issued) by the respective resource agency, and any associated conditions of approval shall be agreed upon, prior to the initiation of any ground disturbing activities associated with the proposed development:
a) Clean Water Act Section 404 Permit from the Army Corps of Engineers; b) Streambed Alteration Agreement of the Fish and Game Code from the CDFG; c) Clean Water Act Section 401 Water Quality Certification from the Regional Water Quality Control Board (RWQB);
d) City approval of Determination of Biologically Superior Preservation (DBESP) for riparian/riverine areas.
e) Avoided riparian/riverine habitat shall be deed restricted or placed in a conservation easement that provides for habitat protection measures (including a mechanism for permanent preservation of the area supporting the replacement habitat). The agency or organization responsible for managing the area shall also be identified.

Prior to Issuance of Building Permit

61. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance.

62. Submit Building Plans. The land divider/permit holder shall cause building plans to be submitted to the Building Department for review by the Community Development Department. Said plans shall be in conformance with the TENTATIVE MAP.

63. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy- Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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25 saving devices shall be permitted with Community Development Department approval.

64. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release.

However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.

65. Utilities Underground. All utility extensions within a lot shall be placed underground.

66. Conform Final Site Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance.

67. School Mitigation. Impacts to the Menifee Union School District and Perris Union High School District shall be mitigated in accordance with California State law.

68. Fee Balance. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer.

69. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by the Specific Plan and/or County Ordinance No. 348. However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.

70. Acoustical Study. The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce the first and second story ambient interior and exterior levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along with the appropriate fee, to the County Environmental Health Department - Industrial Hygiene Division for review and approval. The approved recommendations/requirements, if any, shall be forwarded from the Environmental Health Department to the City of Menifee Building and Safety Department and the Community Development Department for implementation into the final building plans.

71. Landscape Construction Drawings. The land divider/permit holder shall file three (3) sets of a Final Landscaping and Irrigation Plan to the Community Development Department for review and approval of the open space lots shown on the tentative Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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26 map. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., and the TENTATIVE MAP conditions of approval. However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.

The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, slope planting, common area, parks and individual front yard landscaping. Emphasis shall be placed on using plant species that are drought tolerant and low water using.

The plans shall provide for the following:
a) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. b) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. c) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity.
d) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department.
e) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project.
f) Landscaping plans shall incorporate native and drought tolerant plants where appropriate.
g) Turf shall be eliminated in areas unless provided for active uses. h) All basins for drainage and/or water quality shall be screened from view with landscaping.
i) All specimen trees and significant rock outcroppings on the subject property intended for retention shall be shown on the project's grading plans.

Replacement trees for those to be removed shall also be shown. j) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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27 k) Multi-programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones).

Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. l) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. m) The plan shall include conceptual plans for the parks located at Lots 487, 488 and 489 (anticipated to be HOA maintained.
n) The plan shall include open space lot slopes in Lots 503, 504, 505, 506 and 528 (anticipated to be HOA maintained).
o) If not maintained by the CFD, expanded parkways/streetscapes shall also be included in the landscaping plans submitted for the Community Development Department.

The landscaping and irrigation plans for the park shall be consistent with the Tentative Map.

Landscaping plans for areas that are totally within the road right-of-way or proposed for CFD maintenance (working drawings, but excluding conceptual park plans) shall be submitted to the Engineering and Public Works Department ONLY.

Landscaping plans for areas proposed to be maintained by the City Community Facilities District shall be submitted to the Engineering and Public Works Department. Conceptual plans are required in addition to working plans.

72. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.

The plot plan shall contain the following elements:
a) A color rendering of a frontal view of all/the entry monument(s) with landscaping.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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28 b) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated.
c) An irrigation plan for the entry monument(s).
d) The primary entry statements shall be located between lots 218 and 292, and lots 1 and 85. Secondary entry statements (corner cutbacks) shall be located between lots 53 and 54, and lots 162 and 239. All entry statements shall conform to the Countywide Design Guidelines.
e) Boulders from onsite excavation/grading shall be integrated into monumentation landscaping whenever possible.

NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT condition of approval shall be cleared individually.

73. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.

The Model Home Complex plot plan shall contain the following elements:
a) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow.
b) Show front, side and rear yard setbacks.
c) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. d) Show detailed fencing plan including height and location. e) Show typical model tour sign locations and elevation. f) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted.
g) Provide a Model Home Complex landscape and irrigation plan.

NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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29 Development Department Model Home Complex application for detailed requirements.

The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually.

The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex.

The model home complex plan shall be approved prior to issuance of a Building Permit.

74. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.

Subdivision development shall conform to the approved plot plan and shall conform to the Countywide Design Guidelines.

The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan.

The plot plan shall contain the following elements:
a) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots.
b) Each model floor plan and elevations (all sides).
c) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted.
d) The number of floor plans for each Area shall be in accordance with the Design Guidelines. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for the number of floor plans is being met.
e) Homes and garages shall be placed at varying distances from the street and have varying entry locations.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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30 f) The colors and materials on adjacent residential structures should be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process.
g) All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows.

NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually.

75. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The plan shall be in compliance with Section 18.12, the Countywide Design Guidelines and the TENTATIVE MAP conditions of approval. However, should Ordinance No. 348 be rescinded and superseded by a subsequent ordinance, the project shall comply with the regulations and standards set forth in that ordinance shall be required.
a) The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, retaining walls and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. b) All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department.
c) All wood fencing shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray.
d) Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height.
e) Side yard gates are required on one side of the home and shall be constructed of wrought iron, tubular steel, vinyl or slump stone or masonry with tubular steel combination. Chain-link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department).
f) All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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31 g) Corner lots shall be constructed with wrap-around decorative block wall returns. (Note: exceptions for the desert area discussed above.) h) Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls in order to take advantage of casual view opportunities. i) The plan shall show the location of all retaining walls. Retaining walls shall be constructed with split-faced block (were exposed/one-sided) and a masonry cap.

Where retaining wall exceeds 3 feet in height and extends the length of a property line, an opening/access area at least 3 feet in width, shall be provided to ensure the slope above the retaining wall can be accessed and maintained by the property owner. View fencing (tubular steel or opaque) or a combination of block and view fencing shall be utilized above retaining walls exceeding 3 feet in height so that the maximum height of block walls, including retaining, does not exceed 6 feet.
j) Wall construction and heights shall conform with applicable noise mitigation. k) Seven foot high (noise barriers) masonry block walls or combination berm and block/privacy wall shall be constructed along Wickerd Road and Lots 51-69, 71- 72, 84-85, 162, 164-168, 218-220, 229-239, 292-293, 304-305, 313-314, 320- 321 and 324-326.
l) These walls shall be erected so that the top of each wall extends at least 7 feet (depending on location) above the pad elevation of the shielded lot. In cases where the road is elevated above the pad, the wall shall extend at least 7 feet (depending on location) above the highest point between homes and the road. m) Conceptual perimeter wall plan, Exhibit W, is to insure fire protection for the lots shown on the plan. Walls on this exhibit shall be included in the Minor Plot Plan for walls and fencing, and shall not be considered a complete wall plan for this tract.
n) The plan shall show the location of all retaining walls which shall also be approved by the Community Development Department. Retaining walls shall be constructed with split-faced block (were exposed/one-sided) and shall include a masonry cap.
o) The Wall and Fence plans shall be consistent with Approved Exhibit W, dated 6/2/06.

76. Conceptual Park Plans. Prior to building permit issuance, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Lots 487-489 if the parks are to be maintained by a Homeowner’s Association or other private entity. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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32 (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee.

77. Final Archaeological Report. A final report of findings shall be prepared by the archaeologist for submission to the Eastern Information Center and the County of Riverside. The report shall describe parcel history, summarize field and laboratory methods used, if applicable, and include any testing or special analysis information conducted to support the findings.

78. Performance Securities. Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, parks, walls and/or fences, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the Six Month and One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common area landscaped areas.

79. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation.

80. Quimby Fees. Development shall meet the City’s most current Parkland Dedication or Quimby Fee requirements per MMC Section 9.55.030 (C) for residential developments of providing 5 acres of public park land per 1,000 residents. The planned development has 474 single family dwelling units, per Resolution No. 16- 514 the average number of persons per dwelling unit will be 3.164, requiring this development to provide approximately 7.5 acres of public park land. The development may satisfy this requirement though a combination of providing the dedicated public park land and/or paying the appropriate Quimby Fee per the resolution. The Community Services Department will provide final review and approval of public park land dedication and/or required Quimby Fees.

Prior to Issuance of Given Building Permit
Note on park conditions: As of the writing of these conditions, the maintenance entity for the parks within the project (Lots 487, 488 and 489) had not been determined. If at the time of map recordation, the maintenance entity is the CFD or City maintenance, conceptual park plans shall be submitted to the City’s Community Development Department and Final working drawings shall be submitted to the City’s Engineering and Public Works Department (as an improvement plan, along with precise grading and building plans for any structures). If at the time of map recordation, the maintenance entity is a Homeowner’s Association or other private entity, Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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33 conceptual park plans and final park plans shall be submitted to the Community Development Department for review and approval.

81. First Park Plan Required (Lot 488). Prior to the issuance of the 60th building permit in the tract, the applicant shall submit a Final park plan to the City of Menifee Community Development Department for review and approval of the park site located within Lot 488 as shown on the approved tentative map. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water efficient landscaping.

82. First Park Construction (Lot 488). The park and amenities located within the first park shall be installed and open to the public prior to issuance of the 120th building permit (all phases). The park and amenities shall be installed per City approved park plans. The park and amenities will be inspected by City staff to verify that this has occurred. Failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. The Community Development Director shall have the ability to defer the installation of the park landscaping and amenities as noted below, but may require performance securities and additional deposits to cover administrative costs.

83. Second Park Plan Required (Lot 487). Prior to the issuance of the 180th building permit, the applicant shall submit a Final park plan to the City of Menifee Community Development Department for review and approval review and approval of the park site located within Lot 487 as shown on the approved tentative map. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water efficient landscaping.

84. Second Park Construction. The park and amenities located within the second park shall be installed and open to the public prior to issuance of the 240th building permit (all phases). The park and amenities shall be installed per City approved park plans.

The park and amenities will be inspected by City staff to verify that this has occurred.

Failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. The Community Development Director shall have the ability to defer the installation of the park landscaping and amenities as noted below, but may require performance securities and additional deposits to cover administrative costs.

85. Third Park Plan Required (Lot 489). Prior to the issuance of the 300th building permit, the applicant shall submit a Final park plan to the City of Menifee Community Development Department for review and approval review and approval of the park site located within Lot 489 as shown on the approved tentative map. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water efficient landscaping.

86. Third Park Construction. The park and amenities located within the third park shall be installed and open to the public prior to issuance of the 360th building permit (all Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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34 phases). The park and amenities shall be installed per City approved park plans. The park and amenities will be inspected by City staff to verify that this has occurred.

Prior to Final Inspection

87. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance.

88. Archeology Report. Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).

89. Block Wall Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Community Development Department.

90. Fencing and Wall Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or walls and fencing plan.

91. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans.

92. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan.

93. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete.

94. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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35 95. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by City of Menifee Municipal Code 9.86. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, and the Riverside County Guide to California Friendly Landscaping, provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release.

96. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, walls and fencing and landscaping.

97. Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?”

98. Open Space Lots. Prior to the final occupancy of any lot adjacent to an open space lot, as shown on the approved tentative map, the landscaping of the adjacent open space lot shall be installed per the approved landscape and irrigation plan and pass final inspection unless an alternative timing is provided in the following conditions or installation is deferred by the Community Development Director. More specific timing for the installation of open space lot landscaping may be determined during the review and conditioning of the final landscaping and irrigation plans for the open space lots (HOA maintained only).

99. Landscape/Irrigation Install Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six Month and One Year Post-Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 100. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.86 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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36 101. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process.
102. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected.

The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required.
103. Ordinance No. 17-232 (DIF). Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 17-232, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 17-232 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected.

In the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required.
104. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance.

The fee shall be paid for each residential unit to be constructed within this land division.

In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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37 105. Quimby Fees. Development shall meet the City’s most current Parkland Dedication or Quimby Fee requirements per MMC Section 9.55.030 (C) for residential developments of providing 5 acres of public park land per 1,000 residents. The planned development has 474 single family dwelling units, per Resolution No. 16- 514 the average number of persons per dwelling unit will be 3.164, requiring this development to provide approximately 7.5 acres of public park land. Per the approved Quimby Agreement, the developer will dedicate 5.35 acres of parkland and the balance of the required par land will be handled through the payment of in-lieu fees in the amount of $163,685.95.
106. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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38 Section III:

Engineering/Grading/Transportation
Conditions of Approval
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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39 The following are the Public Works / Engineering Department Conditions of Approval for this development project, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail.

General Conditions
107. Subdivision Map Act. The developer / property owner shall comply with the State of California Subdivision Map Act.
108. Mylars. All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered / licensed professional as required.
109. Current Title Report. Prior to final map approval, a current title report not older than 90 days, shall be submitted to the Public Works / Engineering Department. The title report shall be in a format that includes embedded hyperlinks to pertinent documents referenced in the title report.
110. Plan Check Submittal Forms. Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, street lights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer.
111. Plan Submittal And Approval. Improvement plans, grading plans, final map, environmental constraint sheet, BMP improvement plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. The plans must receive Public Works / Engineering Department approval prior to final map recordation; or issuance of any construction permit, grading permit, or building permits as applicable and as and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check.

For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District (Flood Control District), improvement plans must receive Flood Control District approval prior to final map recordation or as determined by the Flood Control District.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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40 112. As-Built Plans. Upon completion of all required improvements, the developer / property owner shall cause the civil engineer of record to as-built all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). If the required files are unavailable, the developer / property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer.
113. Construction Times Of Operation. The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following:
a) Any construction within the City located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions.
d) A Pre-Construction meeting is mandatory with the City’s Public Works Inspector prior to start of any construction activities.
114. Bond Agreements, Grading And Improvement Security. The developer / property owner shall enter into bond agreements and post security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director / City Engineer. The grading and improvements shall include, but not be limited to: onsite / offsite grading, street improvements, street lights, traffic signals, signing and striping, landscaping within right of way or dedicated easements, water quality BMPs, and storm drainage facilities.
115. Map Phasing. The tract map maybe developed in multiple phases. If the developer / property owner elects to develop in multiple phases, an application for map phasing shall be submitted to the Community Development Department for City review and approval. Phased final maps shall be in substantial conformance with approved tentative map. Prior to recordation, financial security shall be provided for all required improvements with each map phase. The Public Works Director / City Engineer may require the dedication and construction of necessary utilities, streets or other improvements outside the area of any particular tract map phase if the Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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41 improvements are needed for circulation, parking and access or for the welfare or safety of future occupants of the development.
116. Existing And Proposed Easements. The submitted tentative tract map shall correctly show all existing easements, traveled ways, and drainage courses with appropriate flows. Any omission or misrepresentation of these documents may require said tentative tract map to be resubmitted for further consideration. 117. Dry Utility Installations. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with current City ordinances, or as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts (kV) or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall still be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council.

GRADING
General Conditions
118. Introduction. TR31194 proposes a channel behind lots 39-50 with a capacity of approximately 30 cubic feet per second. This is too large a quantity to be allowed behind residential lots. At final design, the Public Works / Engineering Department will require additional outlets along these lots - if such is not already required by the Flood Control District. Additionally, improvement such as grading, filling, over excavation and re-compaction, and base or paving which require a grading permit are subject to the Public Works Department conditions of approval stated herein. 119. Obey All Grading Regulations. All grading shall conform to the latest edition of the California Building Code, applicable City ordinances, and all other relevant laws, rules and regulations governing grading in Riverside County. Prior to commencing any grading involving 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the Public Works / Engineering Department. 120. Grading Permit For Disturbed Soil. City ordinance on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading.
121. Grading Permit For Private Road. Constructing a private road requires a grading permit.
122. Lot To Lot Drainage Easement. A recorded drainage easement is required for lot to lot drainage.
123. Dust Control. All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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42 124. 2:1 Max Slope Ratio. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department.
125. Erosion Control Plans. AFTER GRADING: Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for City review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Additional erosion and sediment control Best Management Practices (BMPs) are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during the rainy season. 126. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. 127. 100 Year Drainage Facilities. All drainage facilities shall be designed to accommodate 100-year storm flows or as approved by the Public Works / Engineering Department.
128. Slope Setbacks. Observe slope setbacks from buildings and property lines per the California Building Code and applicable City ordinance regarding grading. 129. Drainage And Terracing. Provide drainage facilities and terracing in conformance with the California Building Code's chapter on "Grading." 130. Archaeology. ARCHAEOLOGY: Given the element of uncertainty of any archaeological survey due to the “underground” dimension, it is required that should archaeological materials be found during grading activities, a qualified archaeologist shall be retained for their evaluation.
131. No Grading & Subdividing. If mass grading is proposed - under a previously approved subdivision, at the same time that application for further subdivision for that parcel is being made, an exception to City-adopted Ordinance 460 section 4.4.b is required. Obtain the exception from the Community Development / Planning Department Director.
132. Slope Stability Report. A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal to vertical) or over 10 feet in vertical height. 133. Grading Drainage Site. Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soil susceptible to erosion by running water.

Prior to Grading Permit Issuance
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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43 134. NPDES / SWPPP. Prior to approval of the grading plans applicant shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (SWRCB) in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Proof of filing a Notice of Intent (NOI) to construct shall be provided by the developer, and the State issued Waste Discharge ID number (WDID#) shall be shown on the title sheet of the grading plans prior to approval. The developer / property owner shall prepare and upload a Storm Water Pollution Prevention Plan (SWPPP) into the State’s SMARTS database system. The developer / property owner shall also be responsible for updating the SWPPP to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development.
135. SWPPP For Inactive Sites. The developer / property owner shall be responsible for ensuring that any graded area left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development.
136. Grading Permit. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct from the Public Works Department. 137. Grading Bonds. Grading in excess of 199 cubic yards will require performance security to be posted with the Public Works / Engineering Department. 138. Slope Erosion Control Plan. Erosion control and / or landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded.
139. Geotechnical / Soils Reports. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Public Works / Engineering Department for review and approval prior to issuance of a grading permit.

All grading shall be in conformance with the recommendations of the geotechnical / soils reports as approved by Public Works / Engineering Department.* *The geotechnical / soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGICAL REPORTS.

Technical reports previously submitted and approved by the Riverside County shall be updated and submitted to the Public Works / Engineering Department for review and approval prior to issuance of a grading permit. If no technical report has been previously submitted a new report shall be submitted for review and approval by the Public Works / Engineering Department.
140. DRAINAGE DESIGN Q100. All drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District’s conditions of Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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44 approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100-year storm flows.

Additionally, the conceptual drainage and grading plan reviewed and approved for this project, shall comply with the project’s approved WQMP (Water Quality Management Plan).
141. Offsite Grading. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner / applicant to obtain any and all proposed or required easements and / or permissions necessary to perform the grading herein proposed. 142. Import / Export. In instances where a grading plans involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Public Works / Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Director / City Engineer for approval.

Additionally, if the movement of import / export occurs using City roads, review and approval of the haul routes by the Department will be required.

Prior to Building Permit Issuance
143. Grading Permit Prior To Building. Prior to issuance of any building permit, the property owner shall obtain a grading permit and / or approval to construct from the Public Works / Engineering Department.
144. Map Submit Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Public Works / Engineering Department for review. The plans must receive District approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Deposit Based Fee Worksheet and the appropriate plan check fee deposit.

Prior to Issuance of Certificate of Occupancy
145. Manufactured Slopes 4:1 Or Steeper. Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the Public Works / Engineering Department.

DRAINAGE
General Conditions
146. MAP FLOOD HAZARD REPORT. Tract 31194 is a proposal to subdivide 205-acres into residential lots, open space lots, three detention basins and a park, in the Winchester/Antelope Valley area. The project is located north of Scott Road, east of Murrieta Road, south of Garbani Road, and west of Bradley Road.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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45 The project site is subject to several small watersheds to the southwest and northeast. Inlet facilities have been proposed to collect the flows from these watersheds. There is one major watercourse that traverses the property from south to north. Approximately 16 acres of the proposed developed site drains to the southeast. The rest drains to the northwest. There are three detention basins proposed.

Prior to City incorporation, the project was reviewed by the Riverside County Flood Control and Water Conservation District, who provided the following opinion:

A HEC-RAS analysis for the major watercourse running south to north was received on March 14, 2006. 4:1 side slopes, maintenance roads and rip-rap protection where velocities are greater than 6 fps are shown on grading plans received on April 10, 2006. The offsite hydrology and flow rates may be construed as final. The HEC-RAS hydraulic analysis for the main channel was only reviewed at the proof-of-concept level of detail. Final hydraulics will need to be submitted with the final engineering plans. Preliminary sizing for the proposed basins have been submitted in an addendum to the Hydrology Study for TR 31194 that was received on April 18, 2006.

The proposed footprints appear to be sufficient for increased runoff and water quality mitigation. A "Drainage Exhibit" for Tentative Tract 31194 was received on April 18, 2006. It shall be noted that the grading plans and drainage exhibit mentioned above show design elements that vary from the Amended No. 2 exhibit circulated by the County Planning Department. The new exhibits display alternate storm drain alignments, additional grading and revised lot numbering resulting from the eliminations of lots.

The following issues shall be resolved during final engineering:
a) The main channel bisecting the site shall be designed in substantial conformance with the design concept depicted on the April 10, 2006 grading plans and April 18, 2006 drainage exhibit.
b) The development proposes to convey the main watercourse in a storm drain underneath the proposed side slopes for the central detention basin (Basin A- 1). Embankment proposed over storm drain shall have a top width equal to the required easement or put another way, the District policy of no side slopes in storm drain easements must be respected.
c) The down drains serving the 60 to 100-foot tall cut slopes behind the northeastern tier of lots present a significant design challenge. Safely engineering these down drains may require measures including but not limited to velocity reduction rings, use of pressure pipe, cut-off collars, thrust blocks and slope anchors. These down drains would be the responsibility of the HOA.
147. 10 Year Curb / 100 Year Row. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way.

When either of these criteria is exceeded, additional drainage facilities shall be installed. All lots shall be graded to drain to the adjacent street or an adequate outlet.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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46 148. 100 Year Sump Outlet. Drainage facilities out letting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided.
149. Perpetuate Drainage Patterns (Easement). The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to City Public Works / Engineering Department for review.
150. Major Flood Control Facilities. Major flood control facilities are being proposed.

These shall be designed and constructed to City and / or Flood Control District standards including those related to alignment and access to both inlets and outlets.

The applicant shall consult the City and / or Flood Control District early in the design process regarding materials, hydraulic design and transfer of rights of way. 151. Map Greenbelt Facility Maintenance. The developer has proposed an onsite green belt channel to convey storm flows. This channel shall be designed to convey the approved tributary flowrate. The proposed greenbelt facilities would be an amenity serving the development. The Flood Control District has indicated that it would be willing to maintain the lines and grade and structural aspects of the channel but cannot be responsible for the landscaping. Maintenance expenses for the greenbelt park drainage system are expected to be high. The City and the District must ensure that the public is not unduly burdened for future costs. Prior to the issuance of any grading permit, the developer shall enter into an agreement with the City and the Flood Control District to guarantee the perpetual maintenance of the drainage facilities proposed by the developer. Said agreement shall be acceptable to the Flood Control District and City. The maintenance mechanism may include participation in a City administered maintenance district that can assess special taxes sufficient to pay for the maintenance of the greenbelt, a Property Owners Association or a combination of both acceptable to both the City and the Flood Control District.
152. Map Greenbelt Channel Design Criteria. The developer has proposed incorporating a greenbelt or 'soft-bottom' channel into the project. The following criteria shall be used to design the channel: If velocities are erosive (i.e. greater than 6 fps) revetment for side slopes shall be proposed and 15-foot maintenance roads shall be shown on both sides of the conveyance area. Where soft bottoms and revetted side slopes are proposed, provisions for maintenance of the buried portion of the revetment shall be incorporated into the channel design and also into any required environmental mitigation/conservation plan. The channel design shall be developed using hydraulic runs that consider both the maximum depth and the maximum velocity. The following criteria shall be used for selecting Manning's n value, unless substantiation for other values is submitted: When determining the maximum depth: for vegetated/habitat low flow channel n = 0.10, for non-mowed channel outside of low-flow section n = 0.04, for mowed non-irrigated channel outside of low-flow section n = 0.030. When determining the maximum velocity: for vegetated/habitat low flow channel n = 0.10, for the rest of the channel n = 0.025. If flows are non-erosive (i.e. less than 6 fps) then the side slopes may not need to be Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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47 treated with revetment., and if they are to be landscaped, and not steeper than 4H to 1V, and 15-foot maintenance roads are provided on both sides of the conveyance area. The Manning's n values given above shall be used to show that these flows are non-erosive, and to determine the maximum depth of water. 153. Map Increased Runoff. The development of this site will adversely impact downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer has proposed a detention basin. Although final design of the basin will not be required until the improvement plan stage of this development, the applicant's engineer has submitted a preliminary hydrology and hydraulics study that indicates that the general size, shape, and location of the proposed basin are sufficient to mitigate the impacts of the development. In final engineering, the developer shall provide updated copies of this preliminary hydrology and hydraulics study for review and approval by the Public Works / Engineering Department.
154. Map Increased Runoff Criteria. The development of this site would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts. An increased runoff basin shall be shown on the exhibit and calculations supporting the size of the basin shall be submitted to the City and the District for review and approval. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable.

A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the City and the Flood Control District for review and approval by both agencies.

Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the post-development condition than in the pre-development condition.

For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events.

Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10%
Where possible and feasible the on-site flows should be mitigated before combining with off-site flows to minimize the size of the detention facility required. If it is necessary to combine off-site and on-site flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off-site plus on- site), and the second for the area to be developed alone (on-site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on-site alone), for each of the return period / duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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48 and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study.

No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter.

The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Embankment shall be avoided in all cases unless site constraints or topography make embankment unavoidable in the judgment of the City and the Flood Control District.

Mitigation basins should be incorporated into open space or park areas. Side slopes should be no steeper than 4:1 and depths should be minimized where public access is uncontrolled.

A viable maintenance mechanism, acceptable to both the City and the Flood Control District, should be provided for detention facilities. Generally, this would mean a City administered CSA or landscape district, or commercial property owners association.

Residential homeowner’s associations are discouraged.
155. Map Waters Of The US (NO FEMA). A portion of the proposed project may affect "waters of the United States", "wetlands" or "jurisdictional streambeds". Therefore, a copy of appropriate correspondence and necessary permits, or correspondence showing the project to be exempt, from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) shall be provided to the City prior to the recordation of the final map.

All Regulatory Permits (and any attachments pertaining thereto such as Habitat Mitigation and Monitoring Plans, Conservation Plans / Easements) to be secured by the Developer shall be submitted to the City for review. The terms of the Regulatory Permits shall be approved by the City prior to improvement plan approval, map recordation or finalization of the Regulatory Permits. There shall be no unreasonable constraint upon the City’s and the Flood Control District's (for facilities to be owned by the Flood Control District) ability to operate and maintain the flood control facility to protect public health and safety.
156. Map Interceptor Drain Criteria. The map interceptor drain criteria shall be in accordance with the latest edition of the California Building Code. 157. Coordinate Drainage Design. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Public Works / Engineering Department for review.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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49 158. Owner Maintenance Notice. The developer / property owner shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map.
159. Drainage 1. The developer / property owner shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and / or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Public Works / Engineering Department.
160. Drainage 2. The developer / property owner shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Public Works / Engineering Department permits the use of streets for drainage purposes, applicable provisions of the City adopted County Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the sub-divider shall provide adequate drainage facilities and / or appropriate easements as approved by the Public Works / Engineering Department. 161. Trash Racks And Full Capture Devices. City-approved Trash Racks and Full Capture Devices shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris.

Prior to Grading Permit Issuance
162. Grading. A grading permit is required from the Public Works / Engineering Department prior to any clearing, grubbing, or any top-soil disturbances related to construction grading activities.
163. Temporary Erosion Control Measures. Shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the Public Works / Engineering Department for review and approval. 164. Compliance With Npdes General Construction Permit. The developer / property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB).
165. SWPPP. Prior to approval of the grading plans, the developer / property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer / property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB issues a Notice of Termination (NOT) or other forms acceptable to the Board once construction of the project is complete.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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50 166. Written Permission For Grading. Written permission shall be obtained from the affected property owners allowing the proposed grading and / or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the City for review and approval.
167. Submit Final Wqmp. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works / Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works / Engineering Department.
168. Map Phasing. Each tract shall be protected from the 1 in 100 tributary storm flows. 169. No Off Site Ponding. All drainage facilities shall be designed so that no off site ponding will be created.

Prior to Final Map Recordation
170. Maintenance Mechanism. Evidence of a viable maintenance mechanism for all facilities and services that will be maintained and provided by the City, shall be submitted to the City for review and approval. Services shall include street maintenance and sweeping.
171. Onsite Easement On Final Map. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions".
172. Offsite Easement Or Redesign. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s).

Document(s) shall be recorded and a copy submitted to the City and / or the Flood Control District prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 173. Map Written Permission For Grading. Written permission shall be obtained from the affected property owners allowing the proposed grading and / or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the City Public Works / Engineering Department and / or the Flood Control District for review and approval.
174. Three Items To Accept Storm Drain For Maintenance. Inspection and maintenance of the flood control facility/ies to be constructed with this tract, and proposed to be maintained by either the City or the Flood Control District must be performed by either the City Public Works / Engineering Department, or the Flood Control District. The developer / property owner must request in writing that one of these agencies accept the proposed system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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51 exhibit that shows the proposed alignment. The request to the District shall be addressed to the General Manager-Chief Engineer, Attn: Chief of the Planning Division.

If the Flood Control District is willing to maintain proposed facilities for Flood Control District ownership and maintenance, three items must be accomplished prior to recordation of the final map or starting construction of the drainage facility: 1) the developer shall submit to the Flood Control District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the Flood Control District and secure that right of way to the satisfaction of the Flood Control District; 2) an agreement with the Flood Control District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the Flood Control District's General Manager-Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to prepare the agreement must be submitted to the attention of the Flood Control District's Administrative Services Section. All right of way transfer issues must be coordinated with the Flood Control District's Right of Way Section. The agreement must be approved by both the City and the Flood Control District.

The developer / applicant will need to submit proof that appropriate bonds for flood control facilities have been posted, to the Flood Control District's Inspection section before a pre-construction meeting can be scheduled.

NPDES, SWPPP, WQMP
General Conditions
175. Comply With City Code 15.01. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater / Urban Runoff Management Program unless otherwise approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 176. SWRCB, Trash Amendments. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website
(https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_impleme ntation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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52 Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way. 177. Submit Final WQMP. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post- development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at the Flood Control District’s website. To comply with the WQMP a developer must submit a "Project Specific" WQMP to the City Public Works / Engineering Department for review and approval. This report is intended to a) identify potential post-project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post-development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. Final Project Specific WQMP must be approved by the City Public Works / Engineering Department prior to issuance of a grading permit.

Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land-use application package. The format of the PRELIMINARY report shall mimic the format/ template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. At the time of this project approval, which was prior to City incorporation, the project’s condition stated the following (italicized):

This preliminary project specific WQMP must be approved by the District prior to issuance of recommended conditions of approval.

The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need significant revisions to meet the requirements of a final project specific WQMP. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures.

Prior to issuance of a grading permit, the project shall submit a Final Project Specific WQMP that meets WQMP Guidelines per current MS4 Permit. The report shall be reviewed and approved by the Public Works / Engineering Department for compliance with current MS4 Permit requirements for New Developments. 178. WQMP Establishing Maintenance Entity. This project proposes BMP facilities that will require maintenance by a public agency or homeowner's association. To ensure that the public is not unduly burdened with future costs, prior to final approval or Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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53 recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity.

This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity.
179. Trash Enclosures Standards and Specifications. Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including the following:
a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces.

Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria.

An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a 2- inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins.

Prior to Issuance of Grading Permit
180. NPDES / SWPPP. Prior to approval of the grading plans applicant shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (SWRCB) in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Proof of filing a Notice of Intent (NOI) to Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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54 construct shall be provided by the developer, and the State issued Waste Discharge ID number (WDID#) shall be shown on the title sheet of the grading plans prior to approval. The developer / property owner shall prepare and upload a Storm Water Pollution Prevention Plan (SWPPP) into the State’s SMARTS database system. The developer / property owner shall also be responsible for updating the SWPPP to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development.
181. Final Project Specific Water Quality Management Plan (Final WQMP). Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with an approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works / Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP.

The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works / Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:
a) Hydrology / hydraulics report
b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report It should be noted that if the project cannot provide a Preliminary WQMP or a Final WQMP previously approved by the Riverside County prior to City incorporation, a new report in compliance with current WQMP guidelines shall be provided to the City of Menifee for review and approval.
182. Revising The Final WQMP. In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PUBLIC WORKS Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP.
183. WQMP Right Of Entry And Maintenance Agreement. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP.

Prior to Issuance of Certificate of Occupancy
184. WQMP / BMP – Education. Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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55 said BMP’s as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. The developer may obtain NPDES Public Educational Program materials from the Flood Control District's NPDES Section by either the Flood Control District's website www.floodcontrol.co.riverside.ca.us or by calling the Flood Control District’s office directly.

The developer must provide to the Public Works / Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the report. The Public Works / Engineering Department MUST also receive the original notarize affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 185. Implement WQMP. All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications.

It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for eh future owners / occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is draining to, are completed and functional. 186. Inspection of BMP Installation. Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 187. BMP Maintenance & Inspection. If the development is establishing a Homeowners Association (HOA) The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the Public Works / Engineering Department for review and approval.

TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS General Conditions
188. Standard Intro 3 (ORD 460 / 461). With respect to the conditions of approval for the referenced tentative exhibit, the land divider shall provide all street improvements, street improvement plans and / or road dedications set forth herein in accordance with City-adopted County Ordinances 460 and 461 and all applicable City Standards.

It is understood that the tentative map correctly shows acceptable centerline Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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56 elevations, all existing easements, traveled ways, and drainage courses with appropriate flows, and that their omission or unacceptability may require the map to be resubmitted for further consideration. All questions regarding the true meaning of the conditions shall be referred to the Public Works / Engineering Department. 189. Off-Site Phase. Should the applicant choose to phase any portion of this project, off- site access roads to City maintained roads shall be provided as approved by the Public Works / Engineering Department.
190. Traffic Impact Analysis and Circulation. The developer provided a traffic impact analysis (TIA), dated November 22, 2004 and prepared by Urban Crossroads. The study was supplemented by a memorandum also prepared by Urban Crossroads, dated June 28, 2006 that evaluated the classification of Garbani Road between Wickerd Road and Bradley Road. The Public Works / Engineering Department reviewed the studies and have agreed with its findings. 191. TS/CONDITIONS 2. Prior to City incorporation, the County of Riverside Transportation Department has reviewed the traffic study that was submitted for this project. The study has been prepared in accordance with County approved guidelines in place at that time. The County at that time generally concurred with the findings relative to traffic impacts as indicated below (italicized):

The County Comprehensive General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections.

The study indicates that it is possible to achieve adequate levels of service for the following intersections based on the traffic study assumptions.

Murrieta Road(NS) at: Holland Road(EW) Garbani Road(EW) Scott Road(EW) Evans Road(NS) at: Garbani Road(EW) Scott Road(EW)-Post 2025 Only Garbani Road(NS) at: Wickerd Road(EW)
Haun Road(NS) at: Newport Road(EW) Holland Road(EW) Craig Avenue(EW)-Post 2025 Only Garbani Road(EW)-Post 2025 Only Wickerd Road(EW) Scott Road(EW) I-215 Freeway Southbound Ramps(NS) at: Newport Road(EW) Scott Road(EW) I-215 Freeway Northbound Ramps(NS) at: Newport Road(EW) Scott Road(EW) As such, the proposed project is consistent with the County General Plan policy.

The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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57 Upon City incorporation, the City adopted its General Plan that included an analysis of current City Circulation Network based on updated City Land Use Plan.

Additionally, the City adopted a Traffic Analysis Guidelines that provide new developments guidelines and directions in preparing traffic impact analysis.

Therefore, in final engineering and prior to final map recordation, the developer / property owner shall submit an updated or new Traffic Impact Analysis (TIA) for review and approval by the City Public Works / Engineering Department. The report shall be approved prior to recordation of a final map. The development shall comply with the findings and mitigation measures recommended by the approved new or updated TIA.

Prior to Grading Permit Issuance
192. Encroachment Permit Required. An encroachment permit shall be obtained for any work within the public street right of way or with City facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans.
193. Map Phasing. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows.

Prior to Final Map Recordation
194. Map – TS / Design. The project proponent shall be responsible for the design of traffic signal(s) at the intersection of:

Murrieta Road at Garbani Road and Murrieta Road at Scott Road with fee credit eligibility.
195. Map – TS / Geometrics. The intersection of Murrieta Road at Garbani Road shall be improved to provide the following geometrics:
•Northbound: One left turn lane, one through lane
•Southbound: Two left turn lanes, one through lane
•Eastbound: One left turn lane, one through lane
•Westbound: One left turn lane, one through lane
The intersection of Murrieta Road and Scott Road shall be improved to provide the following geometrics:
•Northbound: N/A
•Southbound: One left turn lane, one right turn lane
•Eastbound: One left turn lane, one through lane
•Westbound: One through lane, one right turn lane
The intersection of Haun Road and Wickerd Road shall be improved to provide the following geometrics:
•Northbound: One left turn lane, one through lane
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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58 •Southbound: One left turn lane, one through lane
•Eastbound: One left turn lane, one shared through/right turn lane •Westbound: One left turn lane, one shared through/right turn lane or as approved by the City Public Works / Engineering Department.

Any off-site widening required to provide these geometrics shall be the responsibility of the landowner / developer.
196. Map-Scott & I-215 Interchange CFD. Prior to the recordation of the final map, a Community Facilities District (CFD) or other funding mechanism acceptable to the Public Works / Engineering Department shall be established and funding in place for the construction of the ultimate improvements to the I-215/Scott Road interchange; and / or an annexation CFD for the widening of Scott Road from I-215 to SR-79, as determined by the City Public Works / Engineering Department. 197. Street Dedications and Improvements. Interior streets shall be improved within the dedicated right-of-way in accordance with modified City Standard No. 115, Section "A". (36'/56')
Street "W", "Y", and "Z" (Entry) shall be improved within the dedicated right-of-way in accordance with modified City Standard No. 113. (50'/80')(Modified with a 10' median, curb to curb roadway width of 50 feet, and right-of-way width of 80 feet) Street "AA" (Entry) shall be improved within the dedicated right-of-way in accordance with modified City Standard No. 113. (46'/76') (Modified with a 6' median, curb to curb roadway width of 46 feet, and right-of-way width of 76 feet. Street "K" along the park, between street "N" and street "S" shall be improved within the dedicated right- of-way in accordance with City Standard No. 114 (44'/66').

Street "AA", (the most southerly portion) south of Wickerd Road to the tract boundary as, a stub street, shall be improved within the dedicated right-of-way in accordance with modified City Standard No. 113 (44'/76') (modified). In final engineering, if this portion of Street “AA” is terminating to a temporary dead-end road, the developer shall provide a temporary road termination design acceptable to the Public Works / Engineering Department. The design goal is to avoid creating a dead-end road that abruptly ends in an area that can be used for unauthorized parking of vehicles, or other unauthorized activities that cause nuisance to adjacent residences. The design shall include street signage as approved by the Public Works / Engineering Department.

Wickerd Road from 150' east of AA Street, then northwesterly along realigned Wickerd Road shall be improved within the dedicated right-of-way in accordance with City Standard No. 110. (76'/118').

The design shall be reviewed and approved by the Public Works / Engineering Department. The transition shall include at the minimum AC pavement, temporary pavement edge/berm on the south boundary of Wickerd, street signage for the Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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59 narrowing road, and intersection improvement with Ascot Way. The AC pavement transition shall be improved between the full section and the half section of Wickerd Road.

NOTE: The improvements of Garbani Road and realigned Wickerd Road shall be coordinated with TR30142.

Evans Road along the westerly tract boundaries shall be improved within the dedicated right-of-way in accordance with City Standard No. 111 (Half street 36’/50', Full street 72’/100’). Appropriate transitions approved by the Public Works / Engineering Department shall be provided at the terminations of Evans Road north and south of this project. In the event when the neighboring properties fronting Evans Road north and south of this project are not developing ahead of this project, the City may consider accepting in-lieu of payment for the cost of constructing the portion of Evans Road fronting this project. The determination to accept payment in-lieu of construction shall be at made by the City at the time the project is submitted for construction. The final cost estimates shall also be adjusted based on current City approved unit costs at the time of project construction. The developer is still responsible for providing the improvement design for review and approval by the Public Works / Engineering Department prior to final map recordation.

Wickerd Road beginning approximately 150 feet east of the centerline of Street "AA" to easterly tract boundary shall be improved within the dedicated right-of-way in accordance with modified City Standard No 110 (38'/59') (modified). A.C pavement transition shall be improved between the full section and the half section of Wickerd Road at the south east corner of the tract.
198. Improvement Plans. Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Public Works / Engineering Department. The developer shall construct appropriate transitions based on this design profile. Completion of road improvements does not imply acceptance for maintenance by City.
199. Off-Site Access 1. The developer / property owner shall provide/acquire sufficient public off-site rights-of-way to provide for two paved access roads to a paved and maintained road. Said access roads shall be constructed in accordance with County Standard No. 106, Section B (32'/60'), or current City Standards as determined by the PUBLIC WORKS Director and at a grade and alignment approved by the Public Works / Engineering Department. Should the applicant fail to provide / acquire said off-site right-of-way, the map shall be returned for redesign. The applicant shall provide the appropriate environmental clearances for said off-site improvements prior to recordation or the signature of any street improvement plans.

Said off-site access road shall be the easterly extension of Wickerd Road to Haun Road.

Said off-site access road shall be the westerly extension of Garbani Road to the paved and City maintained portion of Garbani Road, located west of Evans Road.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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60 200. Off-Site Information. The off-site rights-of-way required for said access road(s) shall be accepted to vest title in the name of the public if not already accepted. 201. Easements On Final Map. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map.
202. Access Restriction. Lot access shall be restricted on Wickerd Road, Evans Road, entry Street "W", "Y", "Z", and so noted on the final map. 203. Signing And Striping Plan. A signing and striping plan on City title block is required for this project. The applicant shall be responsible for any additional paving and / or striping removal caused by the striping plan.
204. Street Name Sign. The developer / property owner shall install street name sign(s) in accordance with applicable City Standard as directed by the Public Works / Engineering Department.
205. Street Right-of-Way Vacation. The applicant, through this design application, is requesting a vacation of the existing dedicated right-of-way along Ascot Way from Garbani Road to Wickerd Road. Accordingly, prior to recordation of the final map, the applicant shall have filed a separate application with the City Public Works / Engineering Department for a conditional vacation of the above-referenced rights-of- way, and the City Council shall have approved the vacation request. If the City Council denies the vacation request, the tentative map as designed may not record.

The applicant may, however, redesign the map utilizing the existing rights-of-way, and may then reprocess the map after paying all appropriate fees and charges.

The applicant, through this design application, is requesting a vacation of the existing dedicated rights-of-way along Krubsack Road between Wickerd Road to Garbani Road. Accordingly, prior to recordation of the final map, the applicant shall have filed a separate application with the City Public Works / Engineering Department for a conditional vacation of the above-referenced rights-of-way, and the City Council shall have approved the vacation request. If the City Council denies the vacation request, the tentative map as designed may not record. The applicant may, however, redesign the map utilizing the existing rights-of-way, and may then reprocess the map after paying all appropriate fees and charges.

The applicant, through this design application, is requesting a vacation of the existing dedicated right-of-way along Wickerd Road between Krubsack Road and Ascot Way.

Accordingly, prior to recordation of the final map, the applicant shall have filed a separate application with the City Public Works / Engineering Department for a conditional vacation of the above-referenced rights-of-way, and the City Council shall have approved the vacation request. If the City Council denies the vacation request, the tentative map as designed may not record. The applicant may, however, redesign the map utilizing the existing rights-of-way, and may then reprocess the map after paying all appropriate fees and charges.

The applicant, though this design application, is requesting a vacation of the existing dedicated rights-of-way along Garbani Road (along the north tract boundary) beginning approximately 400 feet east of the western Tract boundary to Ascot Way.

Accordingly, prior to recordation of the final map, the applicant shall have filed a Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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61 separate application with the City Public Works / Engineering Department for a conditional vacation of the above-referenced rights-of-way, and the City Council shall have approved the vacation request. If the City Council denies the vacation request, the tentative map as designed may not record. The applicant may, however, redesign the map utilizing the existing rights-of-way, and may then reprocess the map after paying all appropriate fees and charges.
206. Landscaping. The project proponent shall comply in accordance with landscaping requirements within public road rights-of-way, in accordance with City-adopted Ordinance 461, and City CFD landscape standards. Landscaping shall be installed within realigned Wickerd Road, Evans Road, entry street "W", "Y", "Z", and "AA", street "K", between "N" to "S". Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to City CFD, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. 207. Soils. The developer / property owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of- way.
208. Intersection/50’ Tangent. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50’ tangent, measured from flowline/curb face or as approve by the Public Works / Engineering Department. 209. Street Sweeping CFD. The developer shall file an application with the City Public Works / Engineering Department to annex the project into a City administered CFD for street sweeping and street pavement maintenance services; or enter into a similar mechanism as approved by the Public Works / Engineering Department. 210. Onsite and Offsite Street Lights Ownership and Maintenance. All proposed public street lights shall be designed as LS3 lights in accordance with City approved standards and specifications. Unless determined otherwise by the Public Works Director / City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the projects street improvement plans or in a separate street light plan or as determined and approved by the Public Works Director / City Engineer. 211. Street Lighting CFD. The developer shall file an application with the City Public Works / Engineering Department to annex the project into a City administered operation and maintenance; or enter into a similar mechanism as approved by the Engineering Department.
212. Public Street Light Service Point Addressing. The developer shall coordinate with the Public Works / Engineering Department and with Southern California Edison the assignment of addresses to public street light service points. These service points shall also be owned by the City and shall be located within the public right-of-way or within duly dedicated public easements.
213. Landscape Improvement Plans. Landscape improvements within public ROW and / or areas dedicated to the City for the citywide CFD to maintain shall be prepared on Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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62 a separate City CFD plans and submitted to the Public Works / Engineering Department for review and approval. The plans may be prepared for each map phase or as one plan for the entire development as determined by the Public Works Director / City Engineer. When necessary as determined by the Public Works Director / City Engineer, a separate WQMP construction plan on City title block maybe required for review and approval by the Public Works / Engineering Department prior to issuance of a grading permit.
214. Parkway Landscaping. The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines.

Continuing maintenance shall be assured through the establishment of a landscape maintenance district or similar mechanism as approved by the City. 215. R & B B D. Prior to the recordation of the final map, or any phase thereof, the project proponent shall pay fees in accordance with Zone "B" of the Scott Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City Public Works / Engineering Department, deferring said payment to the time of issuance of a building permit.

Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit.
216. Corner Cut-Back I. All corner cutbacks shall be applied per City Standards or County Standard 805 as determined by the Public Works Director / City Engineer except for corners at Entry streets intersecting with General Plan roads, they shall be applied per Exhibit 'C' of the Countywide Design Guidelines. 217. Map - Utility Plan. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with City-adopted ordinance 460 and 461, or as approved by the Public Works / Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are

33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required.

A written proof for initiating the design and / or application of the relocation issued by the utility company shall be submitted to the Public Works / Engineering Department for verification purposes.

Prior to Building Permit Issuance
218. Garage Doors. Garage door setbacks for all residential zones shall be 20 feet for rollup doors, measured from the street right-of-way to the face of garage. Side entry garages shall comply with minimum building setback requirements.

Prior to Issuance of Certificate of Occupancy
219. Map – TS / Installation. The project shall be responsible for the construction and installation of traffic signals at the following locations:

Murrieta Road at Garbani Road Murrieta Road at Scott Road with fee credit eligibility, or as approved by the City Public Works / Engineering Department Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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63 The project proponent shall contact the Engineering Department and enter into an agreement for signal mitigation fee credit or reimbursement prior to start of construction of the signals. All work shall be pre-approved by and shall comply with the requirements of the Public Works / Engineering Department and the public contract code in order to be eligible for fee credit or reimbursement. 220. Interim-I-215 / Scott Rd. Prior to occupancy of the 1st dwelling unit, interim improvements to the Scott Road / I-215 interchange and Scott Road / Haun Road intersection shall be constructed or as approved by the Public Works / Engineering Department. The City is currently taking the lead on these improvements. 221. 80% Completion. Occupancy releases will not be issued for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements:
a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions.
b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed
c) With the exception of those utilized as part of the project specific WQMP for the project, storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, if applicable, is required.
d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions.

All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required.
e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required.
f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City-adopted County Ordinance 461 The 80% completion shall not apply to BMP facilities serving as water quality BMPs in the project’s approved WQMP. These BMP facilities must be completed and functional prior to issuance of any certificate of Occupancy for any lot that is draining to these BMP facilities.
222. WRCOG TUMF. Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to City-TUMF Ordinance. 223. Street Sweeping. Street sweeping annexation or inclusion into CSA or similar mechanism as approved by the Public Works / Engineering Department shall be completed.
224. Street Lights Install. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards. It Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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64 shall be the responsibility of the Developer to ensure that streetlights are energized along the streets of those lots where the Developer is seeking final Certificate of Occupancy.

COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
General Conditions
225. Citywide CFD. Prior to City incorporation, this development was conditioned to annex into the Riverside County Transportation and Land Management Agency (TLMA), Consolidated Landscape and Lighting Maintenance District (L&LMD), and the Riverside County Economic Development Agency’s (EDA) County Service Area (CSA). These entities were to provide maintenance services of certain public facilities that will benefit the proposed development. The City of Menifee has now taken over the administration of these special districts for properties within City boundaries. Although the City now has oversight, annexations into these Districts are no longer considered by the TLMA and the EDA.

The development is proposing construction of certain facilities that will eventually become public or will require provision of public services. These include maintenance and operation of water quality basins, street sweeping and pavement maintenance, landscape, streetlights, graffiti abatement, and maintenance of public parks offered for City dedication. The City has established a citywide maintenance CFD that provides equivalent and additional services beyond the authorized service limits of both the L&LMD and the CSA. Annexation of the project into CFD will allow the development to comply with previous conditions.

Prior to Final Map Recordation
226. ANNEXATION TO CFD. Prior to, or concurrent with the recordation of the final map, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the CFD. This CFD will also be responsible for:

The developer / property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD.

In the event timing for this development’s schedule prevents the developer / property owner from annexing the proposed development into the boundaries of the CFD prior to or concurrent with the recordation of the first final map, then the developer shall enter into a CFD deferral agreement to allow the annexation to complete after the recordation of the first final map, but prior to the issuance of the first building permit. 227. CFD Landscape Guidelines and Improvement Plans. All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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65 City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit
228. Maintenance of CFD Accepted Facilities. All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller / meter system.

WATER, SEWER, RECYCLED WATER
Prior to Final Map Recordation
229. ECS - Water System Installed Prior To Building. ECS map must be stamped by the City Surveyor with the following note:

The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot.
230. Wet Utility Improvements. All potable water, sewer and recycled water improvements to serve this development shall be designed per the Eastern Municipal Water District (EMWD) standards and specifications and applicable City standards.

The final design including pipe sizes and alignments shall be subject to the approval of EMWD and the City of Menifee
231. Offsite and Onsite Lateral Connections. All onsite and offsite sewer, water and recycled water connections within the public’s ROW shall require encroachment permits from the City and shall be guaranteed for construction prior to final map recordation.

WASTE MANAGEMENT
General Conditions
232. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the flowing actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:
a) Source separate recyclable and / or compostable material from solid waste and donate or self-haul the material to recycling facilities. b) Subscribe to a recycling service with their waste hauler. c) Provide recycling service to their tenants (if commercial or multi-family complex). d) Demonstrate compliance with the requirements of California Code of Regulations Title 14.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

Item Page Number: 68

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66 For more information, please visit:
www.rivcowm.org/opencms/recycling/recycling_and_compost_business.html# mandatorv
233. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more of organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by business is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal:
a) Source separate organic material from all other recyclables and donate or self- haul to a permitted organic waste processing facility.
b) Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826.
c) Consider xeriscaping and using drought tolerance/low maintenance vegetation in all landscaped areas of the project.

As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development may be subject to this requirement.

Prior to Building Permit Issuance
234. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading area plot plan to the Public Works / Engineering Department for review and approval. The plot plan shall show the location of and access to the collection are for recyclable materials along with its dimensions and construction detail, including elevation/façade, construction material and signage.

The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler.

The applicant shall provide documentation to the Community Development / Planning Department to verify that the Public Works / Engineering Department has approved the plan prior to issuance of a building permit. 235. Waste Recycling Plan During Construction. Prior to the issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to the Public Works / Engineering Department for review and approval. The WRP should include, as a minimum, the following information:

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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67 a) The waste materials (i.e., concrete, asphalt, wood, etc.) that will be generated by the construction activity associated with this development and the projected amounts of each material.
b) The measures / methods that will be taken to recycle, reuse, and / or reduce the amount of waste materials generated.
c) The facilities and / or haulers that will be utilized. d) The targeted recycling or reduction rate.

During project construction, the project site shall have, as a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept.

Arrangements can be made through the franchise hauler. The Public Works / Engineering Department can provide assistance in preparing the WRP if requested.

Prior to Issuance of Certificate of Occupancy
236. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e. receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Public Works / Engineering Department in order to clear the project for occupancy permits. Receipts just clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled.

FEES DEPOSITS AND DEVELOPMENT IMPACT FEES
237. Fees and Deposits. Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and / or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

Item Page Number: 70

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68 Section IV
Riverside County Fire Department
Conditions of Approval
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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69 General Conditions
238. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. 239. Hydrant Location. Fire hydrants shall be located within 600’ with residential sprinkler systems, along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by California Fire Code and Riverside County Fire Department.
240. Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department standards.
241. High Fire Severity Zone. The project will be required to comply with the Moderate High Fire Standards found in Chapter 7A of the 2016 Building Code. 242. Water Mains. The water mains shall be capable of providing required fire flow. 243. Address. The address shall be posted per Riverside County Fire Department standards and will be clearly visible from public roadway. 244. Fire Department Access. Fire Department apparatus access shall be provided to within 300 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. Access shall adequately allow access of emergency fire vehicles. Access shall be all weather surface able to support 40,000 lbs. vehicle weight.
245. Fire Protection Systems. Residential Fire sprinkler systems: All residential buildings shall have NFPA 13D fire sprinkler systems installed.

Prior to Final Map
246. Water Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature.
247. Secondary Access. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department.
248. ECS Fuel Modification. ECS map must be stamped by the Surveyor with the following note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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70 slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. e) A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas.

ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT

FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 249. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by the Riverside County Surveyor with the following note:

The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot.

Prior to Issuance of Grading Permit
250. Fuel Modification. Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items:
a) fuel modification to reduce fire loading
b) appropriate fire breaks according to fuel load, slope and terrain. c) non flammable walls along common boundaries between rear yards and open space.
d) emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet
e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas.

ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT

FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONBILE WILDLIFE AND/OR OTHER CONSERVATION AGENCY.

Prior to Issuance of Building Permit
251. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface and all access primary and/or secondary.

Approved water plans must be on the job site.
252. Secondary/Alternative Access. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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71 shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department.
253. Fire Protection Systems. Residential Fire sprinkler systems: All residential buildings shall have NFPA 13D fire sprinkler systems installed. 254. Fire Hazard Severity Zones.
a) A new Section 4904.3 is added to Section 4904 of the California Fire Code to read as follows: 4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on the Riverside county parcel map information listed under Fire conditions designated (Very High Fire) Hazard Severity Zones, dated December 24, 2009 and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas.
b) The parcels in this proposed project are confirmed as being in a High Fire Severity Zone and are included in a Local Responsibility Area. Any construction associated with this project will also require compliance with the most current adopted California Building Code Chapter 7A and Chapter 49 of the most current edition of the California Fire Code.
c) A Fuel Modification plan is required to be submitted prior to issuance of building permits for this project.

Prior to Final Inspection
255. Fire Protection Systems. Residential Fire sprinkler systems: All residential buildings shall have NFPA 13D fire sprinkler systems installed. 256. Verification Inspection. Prior to moving into the residence you shall contact the Riverside County Fire Department to schedule an inspection for the items that were shown at the building permit issuance i.e.: access addressing, water system and/or fuel modification.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

Item Page Number: 74

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72 Section V:

Riverside County Environmental
Health Conditions of Approval
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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73 General Conditions
257. Eastern Municipal Water District. Eastern Municipal Water District (EMWD) potable water service and sanitary sewer service is proposed. It is the responsibility of the developer to ensure that all other requirements to obtain potable water service and sanitary sewer service are met with EMWD, as well as, all other applicable agencies.
258. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance.

Prior to Final Map
259. Water System. A water system shall have plans and specifications approved by Eastern Municipal Water District and the Department, the City Engineering Department, of Environmental Health.
260. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 261. Sewer System. A sewer system shall have mylar plans and specifications as approved by the Eastern Municipal Water District, the City Engineering Department and the Department of Environmental Health.
262. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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74 Section VI:

Community Services Department
Conditions of Approval
Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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75 General Conditions
263. Park Annexation. All parklands and any parkways located along the Wickerd Road right-of-way must be annexed into a Communities Facilities District or other acceptable mechanism as determined by the City of Menifee. 264. Paseo/Park Improvement Notification. Adequate notification shall be provided to any home builder or any other buyer of individual phases of the TENTATIVE MAP that certain paseo and/or parks are required to be constructed or improved with the construction of each phase per the conditions of this project. 265. Trail Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of any trail easement required under these conditions until such time as the maintenance is taken over by a Communities Facilities District or any other appropriate maintenance district.

Prior to Final Map
266. Annexation into Park District. The land divider shall submit written proof to the Community Development Department that the subject property has been annexed to Communities Facilities District or other entity acceptable to the Community Development Director.
267. Trail Easement. Prior to or in conjunction with the recordation of the final map the applicant shall offer for dedication to the City of Menifee a trails easement as shown on the approved trails plan. All trails shall be consistent with the approved tentative map and the General Plan.
268. Trail Plan. Prior to the recordation of the final map or issuance of any grading permits, whichever occurs first, the applicant shall submit a trails plan to the City’s Community Services Department and the PW/Engineering Department. These trails include but may not be limited to Community On-Street Bike Lanes (Class III) located located on Evans, Garbani and Wickerd Roads per the City’s trails map. Trails that are maintained by a Homeowner’s Association shall be submitted to the Community Development Department for review and approval
269. Trail Maintenance. The land divider shall form or annex to a Communities Facilities District or other maintenance district approved by the City Community Services and Engineering Departments, for the maintenance of a regional trail (ten feet wide minimum/14-foot easement minimum) located along Wickerd Road. The land divider, or the land divider's successors-in-interest or assignees, shall be responsible for the maintenance of the trail easement until such time as the maintenance is taken over by the appropriate maintenance district.

Prior to Issuance of Grading Permit
270. Trail Plan. Prior to the issuance of any grading permits or final map recordation, whichever occurs first, the applicant shall submit a trails plan to the City’s Community Services Department and the PW/Engineering Department. These trails include but may not be limited to Community On-Street Bike Lanes (Class III) located on Evans, Garbani and Wickerd Roads per the City’s trails map. Trails that are maintained by a Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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76 Homeowner’s Association shall be submitted to the Community Development Department for review and approval
271. Regional Trail Easement. The land divider/permit holder shall cause grading plans to be prepared which delineates grading adjacent to or within a proposed trail easement adjacent to Wickerd Road, as delineated on the TENTATIVE MAP. Said grading must conform to the trail standards of the General Plan.

Prior to Issuance of Building Permit
272. Quimby Fees. Development shall meet the City’s most current Parkland Dedication or Quimby Fee requirements per MMC Section 9.55.030 (C) for residential developments of providing 5 acres of public park land per 1,000 residents. The planned development has 474 single family dwelling units, per Resolution No. 16- 514 the average number of persons per dwelling unit will be 3.164, requiring this development to provide approximately 7.5 acres of public park land. Per the approved Quimby Agreement, the developer will dedicate 5.35 acres of parkland and the balance of the required par land will be handled through the payment of in-lieu fees in the amount of $163,685.95.

Prior to Final Inspection
273. Quimby Fees. Development shall meet the City’s most current Parkland Dedication or Quimby Fee requirements per MMC Section 9.55.030 (C) for residential developments of providing 5 acres of public park land per 1,000 residents. The planned development has 474 single family dwelling units, per Resolution No. 16- 514 the average number of persons per dwelling unit will be 3.164, requiring this development to provide approximately 7.5 acres of public park land. Per the approved Quimby Agreement, the developer will dedicate 5.35 acres of parkland and the balance of the required par land will be handled through the payment of in-lieu fees in the amount of $163,685.95.

Prior to Issuance of Given Building Permit
274. Trail Construction. Prior to the issuance of the 242nd building permit within the tract map the applicant shall build the trail as shown on the approved trails plan.

Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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77 END OF CONDITIONS
The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date
_______________________________________________ ___________________ Name (please print) Title (please print)
Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
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Item Title: 10.17
Agreement for Deferral of Annexation into a Maintenance Community Facility District, Golden Meadows Tract Map No. 31194, by Richland Planned Communities, Inc.

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CITY OF MENIFEE
SUBJECT: Military Banner Program Policy Amendment
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and approve the amended policy for the Military Banner Program.

DISCUSSION
In 2012, the Military Banner Program (“Program”) was established to recognize and celebrate Menifee residents or their immediate family members who served or are currently serving in the United States Armed Forces. At present, military banners are displayed on light poles throughout the City, with an average of 50 banners installed annually. With both active duty and retired service members able to participate, this Program stands apart from similar programs in neighboring cities (including the cities of Temecula, Murrieta, Perris, and Lake Elsinore) that only allow for the recognition of active duty military service members.

The approximate cost of a banner is $270.00, including Program administration and banner production (printing, installation, and removal). With the application fee set at $135, the cost of each banner is shared between the City and the applicant. With rising administrative and production costs resulting from increases in labor, fuel, and materials, staff have completed a thorough review of the Program to identify ways to contain costs and enhance the program without increasing banner application fees. Following this review, several Program changes were identified that would enable staff to manage the Program more efficiently, improve the visual impact of the banners in designated locations, and enhance the way in which military service members are recognized. The recommended changes to the Program summarized below include banner location, design, and submittal deadlines, along with incorporating a commemorative banner.

Location Parameters
Currently, banners are spread throughout the City. Without designated banner locations, it is difficult for staff to regularly inspect, hang and remove banners as needed. Additionally, by not Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 1

Menifee Mayor and City Council
November 15, 2023
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615 of 672

City of Menifee Staff Report
Military Banner Program Policy Amendment
November 15, 2023

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Menifee City CouncilNovember 15, 2023

Menifee City Council
November 15, 2023