1. Very Low-Income Minimum Affordable Housing Component – Provides at least 5% of the total units for very low-income household residents (Government Code Section 65915(b)(1)(B)); or
2. Low-Income Minimum Affordable Housing Component – Provides at least 10% of the total units for low-income households (Government Code Section 65915(b)(1)(A)); or
3. Moderate-Income Minimum Affordable Housing Component – Provides at least 10% of the total dwelling units in a common interest development for moderate -income households (Government Code Section 65915(b)(1)(D)).
Item Title: 10.4
Second Reading and Adoption of an Ordinance Amending the City’s Development Code Item Page Number: 138
Menifee Mayor and City Council
February 7, 2024
Page
211 of 1677
MENIFEE, CA
DEVELOPMENT CODE
Menifee, CA | Development Code 4
Other Incentives of Equivalent Financial Value . The reduction or waiver of requirements which the City might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the City to provide cash transfer payments or other monetary compensation (Government Code Section 65915.5(c)).
Qualified Housing Development . A housing development that meets the requirements of Section
9.180.030 for density bonus.
Qualified Land. Land offered for donation in accordance with Section 9.180.110 that meets the criteria set forth in Subsection 9.180.110.A.
Senior Citizen Housing Development . A residential development that is developed, substantially rehabilitated or substantially renovated for senior citizens and that has at least 35 senior citizen housing development units (Government Code Section 65915(b)(1)(C)).
Senior Citizen Housing Development Unit . A residential dwelling unit in a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Civil Code Section 51.3.
Shared Housing Building. A residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does n ot conflict with the requirements of this section Government Code Section 65915(o)(7).
A. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
B. A “shared housing building” may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building.
Shared Housing Unit. one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.
Specific, Adverse Impact. A significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application for the housing development was deemed complete. Inconsistency with the development code or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety (Government Code Section 65589.5(d)(2)).
Total Units and Total Dwelling Units. A calculation of the number of units that:
1. Excludes a unit added by a density bonus awarded pursuant to the Development Code granting a greater density bonus.
2. Includes a unit designated to satisfy an inclusionary zoning requirement of the Ccity.
Item Title: 10.4
Second Reading and Adoption of an Ordinance Amending the City’s Development Code Item Page Number: 139
Menifee Mayor and City Council
February 7, 2024
Page
212 of 1677
MENIFEE, CA
DEVELOPMENT CODE
Menifee, CA | Development Code 5
For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.Dwelling units other than density bonus units (Government Code Section 65915(bo)(38)).
Item Title: 10.4
Second Reading and Adoption of an Ordinance Amending the City’s Development Code Item Page Number: 140
Menifee Mayor and City Council
February 7, 2024
Page
213 of 1677
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance Relating to the Abatement of Hazardous Vegetation on Vacant Parcels MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: David Gutierrez, Police Captain
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance adding Section 11.20.200 to Title 11 of the Menifee Municipal Code, establishing specific regulations for abatement of hazardous vegetation on vacant parcels.
DISCUSSION
This ordinance was introduced for first reading at the January 17, 2024, City Council meeting.
This is the required second reading and adoption. This ordinance will take effect 30 days following the adoption.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
Item Title: 10.5
Second Reading and Adoption of an Ordinance Relating to the Abatement of Hazardous Vegetation on Vacant Parcels
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
214 of 1677
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8 0
3 4
ORDINANCE NO. 2024-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADDING SECTION 11.20.200 TO CHAPTER 11.20 OF TITLE 11 OF THE MENIFEE MUNICIPAL CODE ESTABLISHING
SPECIFIC REGULATIONS FOR ABATEMENT OF HAZARDOUS
VEGETATION FOR VACANT PARCELS
WHEREAS, on December 5, 2018, the City Council of the City of Menifee adopted Ordinance No. 2018-254, replacing Chapter 11.20 relating to the abatement of public nuisances; and
WHEREAS, while Chapter 11.20 does identify hazardous vegetation, it does not specifically reference hazardous vegetation abatement for vacant parcels or the necessary remedies for vacant parcels; and
WHEREAS, since the founding of the City, staff has relied on adopted Riverside County Ordinance 695 to pursue the abatement of public nuisances caused by hazardous vegetation on vacant parcels within the City; and
WHEREAS, the City recently lost an appeal of a citation for hazardous vegetation on a vacant parcel due to the adopted ordinance referring to “Unincorporated” areas and a requirement to issue a Notice of Violation in addition to a Notice of Abatement; and WHEREAS, the City Council believes that specifying regulations for the abatement process within Menifee Municipal Code 11.20 for hazardous vegetation would be in the best interest of the citizens of Menifee and is important to the overall quality of life in the City; and
WHEREAS, the City Council desires to add Section 11.20.200 within Chapter
11.20 of Title 11 of the Menifee Municipal Code, establishing regulations specific to abatement of hazardous vegetation on vacant land; and
WHEREAS, City Council finds and declares that the proposed amendment to Menifee Municipal Code Chapter 11.20 is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1.Section 11.20.200, as shown in Exhibit A, is hereby added to Chapter
11.20 of Title 11 of the Menifee Municipal Code.
Section 2.The City Council finds that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15060(c)(2) and 15061(b)(3) in that the amendments to the Municipal Code are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will they have the potential of creating a significant effect on the environment.
Item Title: 10.5
Second Reading and Adoption of an Ordinance Relating to the Abatement of Hazardous Vegetation on Vacant Parcels
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
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Section 3.Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 4.Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause to be published as required by law.
This Ordinance was introduced and read on the 17 day of January 2024, and PASSED, APPROVED, AND ADOPTED, this 7 day of February, 2024.
Bill Zimmerman, Mayor
ATTEST:
Sarah A. Manwaring, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title: 10.5
Second Reading and Adoption of an Ordinance Relating to the Abatement of Hazardous Vegetation on Vacant Parcels
Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
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Exhibit A
TITLE 11
CHAPTER 11.20
SECTION 11.20.200
NUISANCE ABATEMENT FOR HAZARDOUS VEGETATION
(A) In addition to the definitions in Section 11.20.010, the following definitions apply to the City’s hazardous vegetation and rubbish abatement program:
(1) FIRE CHIEF means the Fire Chief of the County of Riverside or their designee.
(2) HAZARDOUS VEGETATION includes vegetation that is flammable and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, and/or tumbleweeds. (3) RUBBISH includes, but is not limited to, trash or refuse consisting of uncontained paper, cardboard, wood, dry grass or brush, dirt, plastic, rubber, metal or ceramic wreckage, glass, junk, disassembled automobiles, machinery, or parts thereof, or any other discarded material which may be combustible or deleterious to the public health, safety, or welfare, or any material which by reason of its location and/or character may hamper or interfere with the prevention or suppression of fire upon the premises or adjacent premises.
(B) It shall be unlawful, and is hereby declared a public nuisance, for the owner(s), lessee(s), or occupant(s) of vacant real property within the City to maintain, permit, or allow such premises to be maintained in such a condition where weeds, hazardous vegetation, or rubbish negatively affect the public health, safety, or welfare. It is also hereby declared the duty and responsibility of the owner(s), lessee(s), and occupant(s) of vacant real property within the City to prevent and abate any and all conditions of weeds, hazardous vegetation or rubbish that negatively affect the public health, safety, or welfare. (C) It shall be the duty of every owner, lessee, and occupant of vacant real property within the City, parcel of land or interest therein which is in the City to clear therefrom, including sidewalks and parkways adjacent to such property, all weeds, hazardous vegetation and rubbish.
(D) The City Manager and/or Fire Chief shall have authority to declare violations of this section and to enforce the same against the owner(s), lessee(s) and occupant(s) of the property upon which such conditions exist.
(E) The City Manager and/or Fire Chief shall enforce the duty set forth in this section hereof, to issue a Notice of Abatement for Hazardous Vegetation by personal service or by mailing the notice by certified mail to the property owner as his or her name appears on the most recent equalized assessment roll and to the address as shown in the records of the County Assessor. The notice shall contain:
Item Title: 10.5
Second Reading and Adoption of an Ordinance Relating to the Abatement of Hazardous Vegetation on Vacant Parcels
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
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(1) A reasonable description of the lot or parcel of real property upon which the violation exists;
(2) A reasonable description of the violating conditions constituting the nuisance;
(3) The relevant standards for maintenance, prevention, and abatement of weeds, hazardous vegetation, and rubbish;
(4) Reference to this section;
(5) An order to remove the violating conditions and bring the property into compliance within 30 calendar days;
(6) A description of the consequences of failure to comply as prescribed in this section; and
(7) A statement that a written appeal may be filed with the City Clerk. (F) The requirement of subsection C of this section shall be satisfied if the owner, lessee, or occupant clears the property by disking, mowing, or any other method described in said notice as follows:
(1) A one hundred (100) foot wide strip of land at the boundary of a vacant property adjacent to a roadway; and/or
(2) A one hundred (100) foot wide strip of land around structure(s) located on an adjacent improved parcel (some or all this clearance may be required on the vacant property depending upon the location of the structure on the improved parcel).
The Fire Chief may at any time require more than a one hundred (100) foot width or less than a one hundred (100) foot width for the protection of public health, safety, or welfare of the environment. The determination for appropriate clearance distances will be made based upon a visual inspection of the property and shall consider all factors that place the property or adjoining structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining structure(s) is located.
The removal of vegetation need not exceed that set forth in the Notice of Abatement for Hazardous Vegetation or grading permit in accordance with Menifee Municipal Code Chapter 8.26, Grading Regulations.
(G) All appeal and hearing procedures for a Notice of Abatement for Hazardous Vegetation shall be governed by the provisions of Section 11.20.080 for a Notice of Abatement. Failure to file a timely and proper written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. (H) If after 30 days from the date the Notice of Abatement for Hazardous Vegetation was issued the nuisance upon the property has not been abated and no written appeal has been filed, City personnel and/or contractors may enter the Item Title: 10.5
Second Reading and Adoption of an Ordinance Relating to the Abatement of Hazardous Vegetation on Vacant Parcels
Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
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property, subject to requirements of law, and take such action as is reasonably necessary to abate the nuisance.
(I) The City shall keep an itemized accounting of the associated costs incurred by the City to abate the nuisance. All abatement and administrative costs incurred by the City may be recovered by any manner authorized by law, including by lien or special assessment pursuant to the procedures set forth in Section 11.20.160 and
11.20.170.
(J) Abatement of any nuisance under this section may, in the discretion of the City, be contracted to an outside contractor. Should the City contract the abatement process, the City may assign its interest in collecting payment for the work to the contractor which performed the work, as payment to the contractor.
Item Title: 10.5
Second Reading and Adoption of an Ordinance Relating to the Abatement of Hazardous Vegetation on Vacant Parcels
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
219 of 1677
CITY OF MENIFEE
SUBJECT: Developer Funded California Environmental Quality Act Consultant Update for the Second Quarter of Fiscal Year 2023/2024
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst II
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Receive and file the Quarterly Update (Q2) on executed California Environmental Quality Act consultant contracts for Fiscal Year 2023/2024.
DISCUSSION
At the City Council meeting held on June 21, 2023, Council adopted Resolution No. 23-1341 to adopt the annual budget for Fiscal Year (FY) 2023/2024, which included budget appropriations of $2,000,000 in expenditures and revenues, specific to the environmental consulting services for privately funded development projects as part of the California Environmental Quality Act (CEQA) process. Additionally, per Resolution No. 21-1073, the City Manager is authorized to execute all professional service agreements with approved environmental firms to CEQA consulting services.
At the initial part of each individual project, a professional services agreement and developer reimbursement agreement is executed defining the scope of work, compensation amount, and required deposit payments from the developer.
It is important to note that all agreement costs for environmental consulting services related to private development are paid for through developer deposits, and that no agreements will be executed prior to receiving the appropriate deposit from the applicant.
A summary of the CEQA contracts that have been executed to date are attached to this report as previously requested by the City Council. A total of nine contracts have been executed in FY 2023/2024, for a cumulative value of $661,619.
Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Second Quarter of Fiscal Year 2023/2024
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
220 of 1677
City of Menifee Staff Report
FY 2023/2024 CEQA Consultant Update
February 7, 2024
1 3
0 3
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact for this item.
ATTACHMENTS
1. FY 2023/2024 Project List and Map
Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Second Quarter of Fiscal Year 2023/2024
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
221 of 1677
Quarter 2 Update for FY 2023-2024
MAP
NUMBER PROJECT NAME
PROJECT
DESCRIPTION PROJECT TYPE CONSULTANT
FISCAL YEAR
TOTAL
CONTRACT
TOTAL
PROJECT
STATUS
224 DiCapri Condos 61 condo units IS/MND MIG, Inc $83,184 $83,184 In Review 223 Home2Suites hotel 106 rooms IS/MND +
amendment Rick Engineering $80,200 $80,200 In Review
10 Cimarron Ridge SP 756 residential
units EIR Addendum Kimley-Horn &
Associates, Inc $65,800 $65,800 In Review
189, 191,
197
Compass Northern
Gateway 5 warehouses EIR Amendment Kimley-Horn &
Associates, Inc $79,840 $546,415* In Review
221 Salt Creek TTM
38625
319 residential
units
IS/MND
Amendment
FirstCarbon
Solutions $38,835 $174,365* In Review
9 Menifee Valley SP Mixed use, 1,711
residential units EIR Amendments LSA Associates,
Inc $289,000 $1,143,754* In Review
180 Villagio Apartments 24 apartment
units
IS/MND
Amendment
Matthew Fagan
Consulting, Inc $2,000 $63,450* In Review
196 ARES Warehouse Warehouse EIR Amendment EPD Solutions, Inc $20,500 $356,558* In Review 201 Double Butte Utility-scale BESS IS/MND
Amendment Dudek $2,250 $83,245* In Review
Total: $661,619
*Denotes contract totals with funds rolled from previous fiscal years.
Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Second Quarter of Fiscal Year 2023/2024 Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
222 of 1677
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Path: E:\Project_Specific_Maps\Planning\CEQAReviewProjects\CEQAReviewProjects.aprx Project Type
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Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Second Quarter of Fiscal Year 2023/2024
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
223 of 1677
CITY OF MENIFEE
SUBJECT: Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Chris Gehrki, Management Analyst II
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 contract services agreement for on-call road striping and legend maintenance with Superior Pavement Markings, Inc., for a three- year term and a total not-to-exceed amount of $210,000; and
2. Authorize the Finance Department to issue individual purchase orders on an as-needed basis in the aggregate of the not-to-exceed amount approved for the agreement.
DISCUSSION
As part of Public Works Operations Division efforts to maintain the City’s roads, staff have identified a need for contract services to provide striping and legend maintenance on several segments of roadway citywide. Striping and legends have important functions in providing guidance and information for the road user. The visibility of these markings can be limited by debris and weather, and durability may be affected by weather, traffic volumes, and materials used. Currently, operational staff resources are not equipped to perform the type of striping and legend maintenance required for these identified locations, and contract services are needed to provide the proper maintenance.
On October 23, 2023, staff administered a competitive bid process using the PlanetBids platform and a Notice Inviting Bids (NIB) was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on December 6, 2023. A total of two bids were received as summarized in Table 1 on the following page.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
224 of 1677
City of Menifee Staff Report
On-Call Street Striping and Legend Services, PW 24-03
February 7, 2024
Table 1 – Bid Result Summary
Firm Name Total Bid Amount Lowest Responsible Bidder
Chrisp Company $3,741.43
Superior Pavement Markings $669.43 X
Staff reviewed the apparent low bidder and determined that Superior Pavement Markings meets the requirements for recommendation as the lowest responsive and responsible bidder. The intent of the bidding process was to establish an on-call maintenance service that could be accessed on-call as striping and legends maintenance are needed. The total bid amounts above reflect the sum of each unit pricing as requested in the NIB. Units are approved diagrams of road striping and legends as defined in the California Manual on Uniform Traffic Control Devices.
In June 2023, the City Council authorized staff to implement the use of a multi-year agreement for pre-qualified 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. The proposed multi-year Owner-Contractor Agreement for re-striping and legend maintenance services (“Agreement”) is being recommended to ensure timely engagement of safety related maintenance services in the Public Works Operations Division. Approval of the Agreement would serve to support efficient request processing, transparent expenditure tracking, and expand staff options for effective solutions in response to customer roadway concerns.
The Agreement would not exceed $210,000, $70,000 per fiscal year, for the proposed term spanning fiscal years 2023/2024 through 2025/2026. Services requested against the Agreement would not exceed the total available and approved maintenance 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 by the Agreement.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed agreement with Superior Pavement Markings is $210,000 over the course of the full contract, spanning fiscal years 2023/2024 to 2025/2026. Funding for striping and legend maintenance is available in the approved Fiscal Years 2023/2024 and 2024/2025 operating budgets in Gas Tax Fund No. 200. No additional budget appropriation(s) would be required for this action.
Project management and inspections for any re-striping and legend maintenance work requested would be provided by City staff.
ATTACHMENTS
1. Agreement
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
225 of 1677
2905/031858-0001
19201719.4 a10/04/23
CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
ON CALL STREET STRIPING SERVICES
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2024 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SUPERIOR PAVEMENT MARKINGS, INC., a S Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on February 12, 2024.
Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
226 of 1677
2905/031858-0001
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all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
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guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. 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, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 5
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February 7, 2024
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shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
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SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Two Hundred Ten Thousand Dollars and Zero Cents ($210,000.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor 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. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 7
Menifee Mayor and City Council
February 7, 2024
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Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 8
Menifee Mayor and City Council
February 7, 2024
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Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor 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.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor 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. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 9
Menifee Mayor and City Council
February 7, 2024
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3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 10
Menifee Mayor and City Council
February 7, 2024
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor 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 Contractor 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, Contractor 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 Contractor, 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. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 11
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February 7, 2024
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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, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor 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. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 12
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February 7, 2024
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) 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, Contractor 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 Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: ON CALL STREET STRIPING 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 Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 13
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February 7, 2024
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the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor 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. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor 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, Contractor 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 Contractor 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.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. 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.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
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category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor 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 Contractor’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 Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor 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, Contractor 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 costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor 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 Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor 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 Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
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subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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 Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor 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. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
Item Title: 10.7
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7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
Item Title: 10.7
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(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor 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 California 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 Contractor or any party performing the Services to Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
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provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor 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. Contractor represents, warrants, and covenants to City that Contractor 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor 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 Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor 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 Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
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day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor 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 Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
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professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, 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 Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, Item Title: 10.7
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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 (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
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 the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials 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 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. 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 Item Title: 10.7
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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.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor 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. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
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10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not 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 Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 24
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Chris Gehrki, Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, 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, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Attn: Darren Veltz
PO BOX 278
BEAUMONT, CA 92223
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Chris Gehrki, Management Analyst
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 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.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor 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 Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
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for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 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.
10.13 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.
10.14 Nondiscrimination. Contractor 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. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor 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 Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 26
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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 A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Darren Veltz, Chief Financial Officer
Robert Garcia, Vice President
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 27
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EXHIBIT A
EXHIBIT A
SPECIAL REQUIREMENTS
The term of this Agreement shall begin on _February 12, 2024__ and shall end on _June 30, 2026__.
Unless earlier terminated or extended in accordance with Section 8 of this Agreement. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 28
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed Two Hundred Ten Thousand Dollars and Zero Cents ($210,000.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: __PW 24-03_______.
While this Agreement will terminate as provided in Section 1.2 of this Agreement, in no event shall the total compensation invoiced or paid to Contractor hereunder exceed Seventy Thousand Dollars and Zero Cents ($70,000.00) for each and any calendar fiscal year this Agreement is in effect.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 29
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19201719.4 a10/04/23 EXHIBIT B.
Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 30
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Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 31
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Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 32
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Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 33
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Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 34
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Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 35
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Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 36
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Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 37
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Item Title: 10.7
Agreement with Superior Pavement Markings, Inc. for On-Call Road Striping Services, Public Works Project No. 24-03
Item Page Number: 38
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CITY OF MENIFEE
SUBJECT: Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Chris Gehrki, Management Analyst II
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 contract services agreement for on-call guardrail replacement and repair services with Gentry General Engineering, Inc., for a three- year term in a total not-to-exceed amount of $180,000; and
2. Authorize the Finance Department to issue individual purchase orders on an as-needed basis in the aggregate of the not-to-exceed amount approved for the agreement.
DISCUSSION
As part of Public Works Operations Division efforts to maintain the City’s road rights-of-ways, staff have identified a need for contract services to provide response to accidents that damage guardrail systems citywide. Guardrails serve as a roadway safety element that are used to lessen the severity of crashes by deflecting vehicles back to the roadway or prevent drivers from hitting obstacles such as steep embankments, hillsides, or fixed objects. There are multiple locations where guardrail systems exist within the City. Currently, operational staff resources are not equipped to perform guardrail system maintenance and repair work in-house, and contract services are needed to ensure safe replacement of damaged facilities.
On November 6, 2023, staff administered a competitive bid process using the PlanetBids platform and a Notice Inviting Bids (NIB) was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on December 11, 2023. A total of two bids were received as summarized in Table 1 on the following page.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 1
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City of Menifee Staff Report
On-Call Guardrail Replacement and Repair Services, PW 24-04 February 7, 2024
1 9
9 6
Table 1 – Bid Result Summary
Firm Name Total Bid Amount Lowest Responsible Bidder
Gentry General Engineering, Inc. $12,291 X
Ferreira Coastal Company $59,950
Staff reviewed the apparent low bidder and determined that Gentry General Engineering, Inc. (GGE) meets the requirements for recommendation as the lowest responsive and responsible bidder. The intent of the bidding process was to establish an on-call maintenance service that could be accessed on-call as guardrail system repairs and maintenance are needed. The total bid amounts above reflect the sum of unit pricing as requested in the NIB. Units listed are items detailed in the Caltrans approved standard for guardrails.
In June 2023, the City Council authorized staff to implement the use of a multi-year agreement for pre-qualified 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. The proposed multi-year Owner-Contractor Agreement for guardrail replacement and repair services (“Agreement”) is being recommended to ensure timely engagement of safety related repair services in the Public Works Operations Division. Approval of the Agreement would serve to support efficient request processing, transparent expenditure tracking, and expand staff options for effective solutions in response to customer roadway concerns.
The Agreement would not exceed $180,000, or $60,000 per fiscal year, for the proposed term spanning Fiscal Years 2023/2024 through 2025/2026. Services requested against the Agreement would not exceed the total available and approved maintenance 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 by the Agreement.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed agreement with Gentry General Engineering, Inc. is $180,000 over the course of the full contract, spanning Fiscal Years 2023/2024 to 2025/2026. Funding for guardrail maintenance is available in the approved fiscal years 2023/2024 and 2024/2025 operating budgets in Gas Tax Fund No. 200. No additional budget appropriation(s) would be required for this action.
It is important to note that a portion of repair costs may be recoverable through a motorist’s insurance in the event guardrail damage is reported due to a traffic incident. Project management and inspections for any guardrail maintenance work requested would be provided by City staff.
ATTACHMENTS
1. Agreement
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 2
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February 7, 2024
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CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
ON-CALL GUARDRAIL REPLACEMENT AND REPAIR SERVICES
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2024 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and GENTRY GENERAL ENGINEERING, INC., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on February 12, 2024.
Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 3
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all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 4
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guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. 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, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 5
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shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 6
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SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor 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. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 7
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February 7, 2024
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Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 8
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February 7, 2024
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Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor 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.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor 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. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 9
Menifee Mayor and City Council
February 7, 2024
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3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 10
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February 7, 2024
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor 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 Contractor 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, Contractor 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 Contractor, 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. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 11
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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, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor 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. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 12
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) 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, Contractor 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 Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: ON- CALL GUARDRAIL REPLACEMENT AND REPAIR 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 Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 13
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February 7, 2024
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the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor 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. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor 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, Contractor 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 Contractor 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.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. 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.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 14
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February 7, 2024
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category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor 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 Contractor’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 Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor 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, Contractor 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 costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor 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 Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor 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 Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 15
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February 7, 2024
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subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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 Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor 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. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor 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 California 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 Contractor or any party performing the Services to Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor 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. Contractor represents, warrants, and covenants to City that Contractor 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor 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 Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor 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 Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor 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 Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, 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 Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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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 (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
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 the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials 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 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. 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 Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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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.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor 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. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not 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 Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 24
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Chris Gehrki, Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, 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, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Attn: Brenton Gentry, President
320 W. Tropica Rancho Rd.
Colton, CA 92324
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Chris Gehrki, Management Analyst
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 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.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor 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 Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 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.
10.13 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.
10.14 Nondiscrimination. Contractor 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. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor 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 Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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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 A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Brenton Gentry, President
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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EXHIBIT A
EXHIBIT A
SPECIAL REQUIREMENTS
Notwithstanding Section 1.2, the Services and this Agreement shall end on June 30, 2026.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include ON-CALL GUARDRAIL REPLACEMENT AND REPAIR SERVICES, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.
Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: _NIB 2024-04___.
While this Agreement will terminate as provided in Section 1.2 of this Agreement, in no event shall the total compensation invoiced or paid to Contractor hereunder exceed Sixty Thousand Dollars and Zero Cents ($60,000.00) for each and any calendar fiscal year this Agreement is in effect.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 29
Menifee Mayor and City Council
February 7, 2024
Page
290 of 1677
2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 30
Menifee Mayor and City Council
February 7, 2024
Page
291 of 1677
2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 31
Menifee Mayor and City Council
February 7, 2024
Page
292 of 1677
2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 32
Menifee Mayor and City Council
February 7, 2024
Page
293 of 1677
2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.
Item Title: 10.8
Agreement with Gentry General Engineering, Inc. for On-Call Guardrail Replacement and Repair Services, Public Works Project No. 24-04
Item Page Number: 33
Menifee Mayor and City Council
February 7, 2024
Page
294 of 1677
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for the Murrieta Road Resurfacing - Salt Creek to San Quintin Avenue Project, Capital Improvement Program Project No. 23-07; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The Murrieta Road Resurfacing – Salt Creek to San Quintin Avenue Project, Capital Improvement Project No. 23-07 (“Project”), consisted of resurfacing just under one mile of Murrieta Road between Camino del Sol Norte and San Quintin Avenue, installing raised medians north and south of Newport Road, reconstructing noncompliant ADA curb ramps, minor drainage improvements and shoulder widening, and reconstruction of cross gutters across Newport Road.
On April 5, 2023, the City Council approved a total construction budget of $2,209,247 and authorized the City Manager to approve a contract for construction services with All American Asphalt, Inc. (“Contractor”) in the amount of $1,962,222. During construction, one contract change order was approved between staff and the Contractor for a final construction contract cost of $2,039,121, as summarized in Table 1 on the following page. The final overall construction cost for the Project totaled $2,070,956, including ancillary costs for materials testing and labor compliance services, and was completed under budget.
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
295 of 1677
City of Menifee Staff Report
CIP 23-07 Murrieta Road NOC
February 7, 2024
1 9
9 1
Table No. 1 – Contractor Agreement & Change Order Summary CCO No. Date Approved Description of Services Amount
N/A April 5, 2023 Prime contractor agreement $1,962,222 1 January 3, 2024 Various bid items exceeded original
quantities including concrete, curb &
gutter, traffic loops, water & gas valves
$76,899
TOTAL $2,039,121
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond would be released upon Project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved Capital Improvement Program Budgets.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
3. Close-Out Documents
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
296 of 1677
Baldy Peak Dr
Oxnard
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Blackbird
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GoldenrainDr
Normandy Rd
Moonbeam
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Harzburg Rd
Nubs Ct
Mawr Ct
Melitta Rd
Caminito
Del Sol Sur
Caminito Del Sol Norte
Park City Ave
Pelion Rd
Pacoima Ct
Chatsworth Ct
Hohokam Ct
Kure Ct
Taos Dr
Aleppo Pine Cir
Gifhorn Ct
San Quintin Ave
Lot
usC
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Janney Dr
Greenhill Dr
Welmar Rd
Knoll Ct
Farbo Ct
Snow Creek Dr
Geisler Rd
Samar Rd
Gretna Rd
Goldmine Cir
Catano Rd
Pacific Channel Way
Potomac Dr
Beach St
Lands End Way
Moonstone Way
Dorval Ct
HoneyrunR d
Edin
aRd
Columbus Dr
Crestline Dr
Sant
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Waverly Dr
Berea R
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Topanga Way
Killing
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Lazy Creek Rd
Luxor Rd
Sun
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Cool
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Avida Dr
Singing Wood Ln
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Newport Rd
Valley Blvd
Dunkirk St
McGalliard Rd
Squaw Valley Dr
Camino Del Sol Este
LAKE ELSINORE
PERRIS
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215
Goetz
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Cherry Hills Blvd
Sun Ci ty Blvd
Newport Rd
Kabian
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Holland Rd
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\MurrietaRoadResurfacing\MurrietaRoadResurfacing_2\MurrietaRoadResurfacing_2.aprx Date: 5/18/2022 Murrieta Road Resurfacing (CIP 23-07)
Project Location Map
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
297 of 1677
4 7
9 0
5 Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
MURRIETA ROAD RESURFACING – SALT CREEK TO SAN QUINTIN AVENUE PROJECT, CIP 23-07 Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on February 7, 2024. The project consisted of resurfacing just under one mile of Murrieta Road between Camino del Sol Norte and San Quintin Avenue, installing raised medians north and south of Newport Road, reconstructing noncompliant ADA curb ramps, minor drainage improvements and shoulder widening, and reconstruction of cross gutters across Newport Road. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREETS IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
All American Asphalt, Inc.
400 East Sixth Street
Corona, CA 92879
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah Manwaring, City Clerk
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
298 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
Page
299 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
300 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 7
Menifee Mayor and City Council
February 7, 2024
Page
301 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 8
Menifee Mayor and City Council
February 7, 2024
Page
302 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 9
Menifee Mayor and City Council
February 7, 2024
Page
303 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 10
Menifee Mayor and City Council
February 7, 2024
Page
304 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 11
Menifee Mayor and City Council
February 7, 2024
Page
305 of 1677
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 12
Menifee Mayor and City Council
February 7, 2024
Page
306 of 1677
12/18/23
CL Surveying and Mapping, Inc.
8231
12/18/23
Lam Le, President
Lam Le, President
Item Title: 10.9
Notice of Completion and Acceptance for the Murrieta Road Resurfacing Project Item Page Number: 13
Menifee Mayor and City Council
February 7, 2024
Page
307 of 1677
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program
Project
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for construction services for the Fiscal Year 2022/2023 Slurry Seal Program, Pavement Management Program Project No. 23-01; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The Fiscal Year 2022/2023 Slurry Seal Program, Pavement Management Program (PMP) Project No. 23-01 (Project), consisted of resurfacing existing roads by slurry seal and performing restriping where appropriate. The Project area included locations within the Casa Blanca community, Willows neighborhood, Brigata community, as well as portions of the community south of Wickerd Road between Menifee Road and Briggs Road, as depicted in the project location maps. The slurry seal resurfaced approximately 8.5 centerline miles of roadway collectively between the identified neighborhoods. The Project was completed in two parts beginning with a crack seal of the entire project area, followed by slurry seal resurfacing within all identified Project areas. Project related crack seal services were completed and previously accepted by the City Council on July 19, 2023.
On June 21, 2023, the City Council approved a total construction budget of $495,674 for the slurry sealing portion of the Project and authorized the City Manager to approve a construction contract with Pavement Coatings, Co. (Contractor) in the amount of $409,704. During construction, one contract change order was approved between staff and the Contractor for a final construction contract cost of $413,412, as summarized in Table 1 on the following page. The final overall Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
308 of 1677
City of Menifee Staff Report
PMP 23-01 Slurry Seal NOC
February 7, 2024
1 9
9 3
construction cost for the slurry sealing portion of the Project totaled $439,625, including ancillary costs for materials testing and labor compliance services, and was completed under budget.
Table No. 1 – Contractor Agreement & Change Order Summary CCO No. Date Approved Description of Services Amount
N/A June 21, 2023 Prime contractor agreement $409,704
1 November 11, 2023 Relocation of water line and crosswalk push button to meet ADA standards.
$3,708
TOTAL $413,412
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond would be released upon Project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved Capital Improvement Program Budgets.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
3. Close-Out Documents
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
309 of 1677
MCCALL BLVDCHAMBERS AVE
BRADLEY RD
MENIFEE RDCHERRYBLVDHILLSSUN
BLVDCITY
ENCANTO DRCHAMBERS AVE
ANTELOPE RD215 FREEWAY
TALLY RD
BRADLEY RD
ENCANTO DRMCCALL BLVD
BRADLEY RD
SUN CITY BLVDFY 222 SLURRY SEAL PRO*RAM
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
310 of 1677
(UNINCORPORATED)
NE:PORT RD
+OLLAND RD
DOMENIGONI P.:YANTELOPE RD
RDLA PIEDRAS+ERMAN RD
+AUN RDMENIFEE RD
PALOMAR RD
POTOMAC DR
MENIFEE RD
FY 22-23 SLURRY SEAL PROGRAM
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
311 of 1677
SCOTT RDMENIFEE RD
HAUN RD WICKERD RD
LINDENBERGER RD
ANTELOPE RD
SCOTT RD
GOLDEN J LANEBRIGGS RD
F< SLURR< SEAL PROGRAM
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
Page
312 of 1677
4 7
9 0
5 Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
FISCAL YEAR 2022/2023 SLURRY SEAL PROGRAM PROJECT, PMP 23-01 Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on February 7, 2024. The project consisted of slurry sealing various areas within the Casa Blanca community, Willows neighborhood, Brigata community, as well as portions of the community south of Wickerd Road between Menifee Road and Briggs Road.
The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREETS IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
Pavement Coatings, Co.
10240 San Sevaine Way
Jurupa Valley, CA 91752
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah Manwaring, City Clerk
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
313 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 7
Menifee Mayor and City Council
February 7, 2024
Page
314 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 8
Menifee Mayor and City Council
February 7, 2024
Page
315 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 9
Menifee Mayor and City Council
February 7, 2024
Page
316 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 10
Menifee Mayor and City Council
February 7, 2024
Page
317 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 11
Menifee Mayor and City Council
February 7, 2024
Page
318 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 12
Menifee Mayor and City Council
February 7, 2024
Page
319 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 13
Menifee Mayor and City Council
February 7, 2024
Page
320 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 14
Menifee Mayor and City Council
February 7, 2024
Page
321 of 1677
Item Title: 10.10
Notice of Completion and Acceptance for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project
Item Page Number: 15
Menifee Mayor and City Council
February 7, 2024
Page
322 of 1677
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program, Pavement Management Program Project No. 24-01; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The Fiscal Year (FY) 2023/2024 Slurry Seal Program Project (“Project”) consists of resurfacing existing roads by slurry seal and performing restriping where appropriate. The Project work must be completed in two phases, beginning with a crack seal of the entire Project area, followed by an application of slurry seal within the same identified neighborhoods. The Project area includes the neighborhood east of Murrieta Road, west of Grosse Point Drive, south of Allentown Drive, and north of McCall Boulevard, along La Piedra Road between Antelope Road and Menifee Road, and the neighborhood northeast of the intersection of Bradley Road and La Piedra Road, as depicted in the attached project location map. Crack sealing services were completed for just under four centerline miles of roadway, collectively, between identified neighborhoods. The second phase of the Project for slurry seal services would be awarded under a separate contract with construction anticipated to begin in May 2024.
On September 6, 2023, the City Council approved a total construction budget of $75,754 for the crack sealing portion of the Project and authorized the City Manager to approve a construction contract with American Asphalt South, Inc. in the amount of $61,595. The final construction costs for the crack sealing portion of the Project was completed under budget at a total cost of $63,414.85, including all crack seal work and ancillary costs such as labor compliance services.
Item Title: 10.11
Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
323 of 1677
City of Menifee Staff Report
PMP 24-01 Crack Sealing NOC
February 7, 2024
1 9
9 0
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond would be released upon Project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved fiscal year 2023/2024 Capital Improvement Program Budgets.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
Item Title: 10.11
Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
324 of 1677
PROJECT LOCATION MAP
Item Title: 10.11
Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
325 of 1677
LOCATION 1
LOCATION 2
Item Title: 10.11
Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
326 of 1677
LOCATION 3
Item Title: 10.11
Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
Page
327 of 1677
4 7
9 0
5 Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
FISCAL YEAR 2023/2024 SLURRY SEAL PROGRAM – CRACK SEAL PROJECT, PMP 24-01 Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on February 7, 2024. The project consisted of crack sealing various areas within the neighborhood east of Murrieta Road, west of Grosse Point Drive, south of Allentown Drive, and north of McCall Boulevard; along La Piedra Road between Antelope Road and Menifee Road; and the neighborhood northeast of the intersection of Bradley Road and La Piedra Road. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREETS IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
American Asphalt South, Inc.
19792 El Revino Road
Riverside, CA 92509
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah Manwaring, City Clerk
Item Title: 10.11
Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
328 of 1677
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project, Capital Improvement Program Project No. 22-15; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The Antelope Road and Mt. San Jacinto College Entrance Traffic Signal, Capital Improvement Program Project No. 22-15 (“Project”), consisted of the construction of a traffic signal located at Antelope Road and the Mt. San Jacinto College entrance. The Project included installation of a controller cabinet with foundation, service cabinet, wireless radios, ethernet switch, poles with foundation, conduit, pull boxes, detection loops, signing/striping, and pedestrian curb ramps, as well as minor roadway improvements at the identified intersection.
On November 16, 2022, the City Council approved a total construction budget of $685,220 for the Project and authorized the City Manager to approve the construction contract with California Professional Engineering, Inc. (“Contractor”) in the amount of $604,514 to complete the Project.
During construction, two contract change orders (CCOs) were approved between staff and the Contractor for a final construction contract cost of $607,532, as summarized in Table 1 on the following page. The final overall construction cost for the Project totaled $625,501, including ancillary costs for materials testing and labor compliance services, and was completed under budget.
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
329 of 1677
City of Menifee Staff Report
CIP 22-15 MSJC Traffic Signal NOC
February 7, 2024
1 9
9 2
Table No. 1 – Contractor Agreement & Change Order Summary CCO No. Date Approved Description of Services Amount
N/A November 16, 2022 Prime contractor agreement $604,514 1 October 27, 2023 Install pedestrian push button &
additional conduit
$17,017
2 November 17, 2023 Reduction of bid items for AC, concrete sidewalk, and curb & gutter quantities,
and removal of centerline ties and
monument reestablishment (none
present)
($13,999)
TOTAL $607,532
If approved, a Notice of Completion (“NOC”) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier that the Project has been completed. The payment bond would be released upon project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within the previously approved Fiscal Year 2023/2024 Capital Improvement Program Budgets.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
3. Close-Out Documents
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
330 of 1677
CIP 22-15 ANTELOPE ROAD/MSJC ENTRANCE TRAFFIC SIGNAL
KEY MAP
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
331 of 1677
4 7
9 0
5 Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
ANTELOPE ROAD/MSJC ENTRANCE TRAFFIC SIGNAL PROJECT, CIP 22-15 Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on February 7, 2024. The project consisted of the construction of a traffic signal located at Antelope Road and the Mt. San Jacinto College entrance and included installation of a controller cabinet with foundation, service cabinet, wireless radios, ethernet switch, poles with foundation, conduit, pull boxes, detection loops, signing/striping, and pedestrian curb ramps, as well as minor roadway improvements at the identified intersection. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREETS IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
California Professional Engineering, Inc.
19062 San Jose Avenue
La Puente, CA 91748
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Sarah Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah Manwaring, City Clerk
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
332 of 1677
California Professional Engineering, Inc.
1/8/2024
Van Nguyen, Secretary
Van Nguyen, President
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
Page
333 of 1677
Van Nguyen, President
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
334 of 1677
15 Debris, soils, surplus materials
CPE SHOP
19062 San Jose Ave La Puente, CA 91748
8 January
24 1/8/2024
1/8/2024
Van Nguyen, President
Van Nguyen, Secretary
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 7
Menifee Mayor and City Council
February 7, 2024
Page
335 of 1677
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 8
Menifee Mayor and City Council
February 7, 2024
Page
336 of 1677
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 9
Menifee Mayor and City Council
February 7, 2024
Page
337 of 1677
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 10
Menifee Mayor and City Council
February 7, 2024
Page
338 of 1677
15 May
23 8
January
24 1/8/2024
1/8/2024
Van Nguyen, President
Van Nguyen, Secretary
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 11
Menifee Mayor and City Council
February 7, 2024
Page
339 of 1677
19062 San Jose Ave La Puente, CA 91748
Van Nguyen, President
Van Nguyen, President
California Professional Engineering, Inc.
California Professional Engineering, Inc.
19062 San Jose Ave La Puente, CA 91748
Van Nguyen, President
Van Nguyen, Secretary
California Professional Engineering, Inc.
19062 San Jose Ave La Puente, CA 91748
626-810-1338
[email protected]
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 12
Menifee Mayor and City Council
February 7, 2024
Page
340 of 1677
California Professional Engineering, Inc.
19062 San Jose Ave La Puente, CA 91748
Van Nguyen, President
Van Nguyen, Secretary
Robert Aragon
1544 S. Vineyard Ave. Ontario, CA 91761
909-947-8790
[email protected]
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 13
Menifee Mayor and City Council
February 7, 2024
Page
341 of 1677
California Professional Engineering, Inc.
19062 San Jose Ave La Puente, CA 91748
Van Nguyen, President
Van Nguyen, Secretary
Item Title: 10.12
Notice of Completion and Acceptance for the Antelope Road and Mt. San Jacinto College Entrance Traffic Signal Project
Item Page Number: 14
Menifee Mayor and City Council
February 7, 2024
Page
342 of 1677
CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town
Center, by Lennar Homes of California, Inc.
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Acting Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the public improvements for streets and drainage systems for Tract Map 37178, The Towns at Menifee Town Center, located west of Town Center Drive and south of Allwood Way (City Hall Drive); and
2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.
DISCUSSION
Lennar Homes of California, Inc. is the developer of The Towns at Menifee Town Center Tract 37178, a subdivision of 16.77 gross acres into a single lot for multifamily residential purposes.
The tract is located on the west side of Town Center Drive and south of Allwood Way (City Hall Drive), as depicted in the attached project map. As part of the development requirements, Lennar Homes of California, Inc. (“Developer”) has constructed streets and drainage 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 reduce the performance security and labor and materials 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: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
343 of 1677
City of Menifee Staff Report
TM37178 The Towns at Menifee Town Center
February 7, 2024
1 9
8 1
Table 1 - Original Posted Security and Surety Rider Improvement Bonds Improvement Security No.
Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 9250291 $ 1,573,000 $ 786,500
Total $ 1,573,000 $ 786,500
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) 2014-
1. ATTACHMENTS
1. Project Map
2. Agreement – Streets and Drainage
3. Bond
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
344 of 1677
PROJECT MAP
VICINITY MAP
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
345 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
346 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
Page
347 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
348 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 7
Menifee Mayor and City Council
February 7, 2024
Page
349 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 8
Menifee Mayor and City Council
February 7, 2024
Page
350 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 9
Menifee Mayor and City Council
February 7, 2024
Page
351 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 10
Menifee Mayor and City Council
February 7, 2024
Page
352 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 11
Menifee Mayor and City Council
February 7, 2024
Page
353 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 12
Menifee Mayor and City Council
February 7, 2024
Page
354 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 13
Menifee Mayor and City Council
February 7, 2024
Page
355 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 14
Menifee Mayor and City Council
February 7, 2024
Page
356 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 15
Menifee Mayor and City Council
February 7, 2024
Page
357 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 16
Menifee Mayor and City Council
February 7, 2024
Page
358 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 17
Menifee Mayor and City Council
February 7, 2024
Page
359 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 18
Menifee Mayor and City Council
February 7, 2024
Page
360 of 1677
Item Title: 10.13
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37178, The Towns, Menifee Town Center, by Lennar Homes of California, Inc.
Item Page Number: 19
Menifee Mayor and City Council
February 7, 2024
Page
361 of 1677
CITY OF MENIFEE
SUBJECT: Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
MEETING DATE: February 7, 2024
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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the Public Works Director to accept the public improvements for Banner Village Park, Tract Map 32102, located at the northwest corner of Lindenberger Road and Domenigoni Parkway; and
2. Adopt a resolution approving the Quitclaim Deed with Certificate of Acceptance for Banner Village Park; and
3. Authorize the Public Works Director to release 90% of the posted securities per the City’s Standard Policies.
DISCUSSION
Pulte Home Company, LLC. is the developer (“Developer”) of Banner Park (previously known as Menifee Village) (“Project”), a subdivision of 269 single-family residences. The Project is divided into two tract maps including TM32102 and TM32102-1 and is generally located on the northwest side of Domenigoni Parkway at the intersection of Domenigoni Parkway and Lindenberger Road.
As part of the development requirements, the Developer constructed a neighborhood park (“Banner Village Park”) which includes a restroom, a splash pad, a basketball court, shade structures, a turf field, a picnic area, walkways, and a parking lot. Banner Village Park is situated within Tract 32102-1, a subdivision of 145 single-family residential homes on approximately 32.5 net acres. The park is located on the northwest corner of Lindenberger Road and Domenigoni Parkway, as depicted in the attached project map.
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
362 of 1677
City of Menifee Staff Report
Banner Village Park Acceptance – TM 32102
February 7, 2024
2 0
2 8
Banner Village Park is now complete and is conditioned to be dedicated to the City as a public park. The Developer has accordingly requested acceptance of the completed park improvements into the City’s maintenance system. The proposed resolution and attached Quitclaim Deed with Certificate of Acceptance transfers the park ownership and all rights to the property to the City, meeting the dedication requirements of the Project’s conditions of approval.
The Public Works Engineering Department and Community Services Department have inspected the completed improvements, determined that the park improvements have been constructed in accordance with City specifications and standards, and have verified that all project conditions of approval have been met to release the performance security and material and labor security in accordance with City policy. A 10% warranty security would be held from the faithful performance security for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 below.
Table 1 - Original Posted Security Improvements
Improvement Security No.
Performance / Material
Faithful
Performance
Material and
Labor
Hardscape 0243516 $ 1,418,091 $ 709,045
Landscape 0243516 $ 998,000 $ 499,000
Contingency 0243516 $ 483,218 $ 241,609
CM / Inspection 0243516 $ 193,287 $ 96,645
Total $ 3,093,000* $1,546,500*
*Actual security totals rounded as shown on attached bond.
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 inspections of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Years 2023/2024 and 2024/2025 operating budgets in Community Facilities District 2017-1, Zone 8.
The current estimated value of the improvements is $3,093,000. This value does not include the value of the real property. Once accepted, these facilities will be added to the City of Menifee Fixed Asset Report Inventory.
ATTACHMENTS
1. Project Map
2. Resolution
3. Exhibit A – Quitclaim Deed with Certificate of Acceptance Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
363 of 1677
City of Menifee Staff Report
Banner Village Park Acceptance – TM 32102
February 7, 2024
2 0
2 8
4. Agreement
5. Bond
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
364 of 1677
PROJECT MAP
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Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
365 of 1677
RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING THE QUITCLAIM DEED WITH CERTIFICATE OF ACCEPTANCE FOR
BANNER VILLAGE PARK
WHEREAS, the City of Menifee was incorporated on October 1, 2008, and pursuant to the Terms and Conditions of incorporation, upon incorporation assumed authority over parks in the City’s boundaries pursuant to Resolution No. 08-24 as of that date; and WHEREAS, Banner Village Park was built on Tract 32102-1, recorded as Book 475 of Maps, pages 10 through 21, inclusive, and dedicated to the City of Menifee as a condition of approval of the final tract map; and
WHEREAS, the form of the Quitclaim Deed and Certificate of Acceptance granting Banner Village Park, described as Lot 136 of recorded Tract Map 32102-1, from Pulte Home Company, LLC, to the City, attached hereto as Exhibit “A”, has been reviewed by City Staff; and WHEREAS, in order to satisfy the original condition of approval and complete the transfer of Banner Village Park from Pulte Home Company, LLC, to the City, the City Council now desires to approve and record the said Quitclaim Deed with Certificate of Acceptance through adoption of this Resolution.
NOW, THEREFORE, the City Council of the City of Menifee, California, hereby resolves and orders as follows:
Section 1. Approval of Quitclaim Deed with Certificate of Acceptance. The City of Menifee hereby accepts and approves the Quitclaim Deed with Certificate of Acceptance for Banner Village Park, which is located on Lot 136 of Tract 32102-1 as filed in Book 475 of Maps, pages 10 through 21 inclusive.
Section 2. Authorization to Execute Certificate of Acceptance. The City of Menifee hereby authorizes the Public Works Director to execute the Certification of Acceptance as included on the form of the Quitclaim Deed with Certificate of Acceptance, attached hereto as Exhibit “A”.
SIGNATURES ON THE FOLLOWING PAGE
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
Page
366 of 1677
Banner Village Park Quitclaim
February 7, 2024
2 4
7 9
5 5
PASSED, APPROVED AND ADOPTED this 7th day of February, 2024 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
367 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 7
Menifee Mayor and City Council
February 7, 2024
Page
368 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 8
Menifee Mayor and City Council
February 7, 2024
Page
369 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 9
Menifee Mayor and City Council
February 7, 2024
Page
370 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 10
Menifee Mayor and City Council
February 7, 2024
Page
371 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 11
Menifee Mayor and City Council
February 7, 2024
Page
372 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 12
Menifee Mayor and City Council
February 7, 2024
Page
373 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 13
Menifee Mayor and City Council
February 7, 2024
Page
374 of 1677
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Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 14
Menifee Mayor and City Council
February 7, 2024
Page
375 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 15
Menifee Mayor and City Council
February 7, 2024
Page
376 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 16
Menifee Mayor and City Council
February 7, 2024
Page
377 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 17
Menifee Mayor and City Council
February 7, 2024
Page
378 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 18
Menifee Mayor and City Council
February 7, 2024
Page
379 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 19
Menifee Mayor and City Council
February 7, 2024
Page
380 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 20
Menifee Mayor and City Council
February 7, 2024
Page
381 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 21
Menifee Mayor and City Council
February 7, 2024
Page
382 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 22
Menifee Mayor and City Council
February 7, 2024
Page
383 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 23
Menifee Mayor and City Council
February 7, 2024
Page
384 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 24
Menifee Mayor and City Council
February 7, 2024
Page
385 of 1677
Item Title: 10.14
Acceptance of Public Park Improvements and 90% Release of Security for Tract Map 32102, Banner Village Park, by Pulte Home Company, LLC.
Item Page Number: 25
Menifee Mayor and City Council
February 7, 2024
Page
386 of 1677
CITY OF MENIFEE
SUBJECT: Menifee Valley Specific Plan
MEETING DATE: February 7, 2024
TO: Mayor and City Council
PREPARED BY: Ryan Fowler, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Rebekah Kramer, Acting City Manager
APPLICANT: Minor Ranch, LLC
--------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a Resolution certifying the Environmental Impact Report (State Clearinghouse No. 2022030233), adopting the Findings of Fact and Statement of Overriding Considerations, and adopting the Mitigation Monitoring and Reporting Program for the Menifee Valley Specific Plan (MVSP) Project located north of the Burlington Northern Santa Fe Railroad tracks and Matthews Road, west of Briggs Road, south of State Route 74 (SR-74), and east of Menifee Road; and
2. Adopt a Resolution approving General Plan Amendment No. PLN 21-0336; and
3. Introduce an Ordinance approving Change of Zone No. PLN 21-0335, Specific Plan Amendment No. PLN 21-0221, and Specific Plan No. PLN 21-0217; and
4. Adopt a Resolution approving Tentative Tract Map No. PLN 22-0033; and
5. Introduce an Ordinance approving Development Agreement No. PLN 22-0033.
PROJECT DESCRIPTION
The following entitlement applications are associated with the proposed Project:
General Plan Amendment (GPA) No. PLN 21-0336 proposes to change the General Plan land, use map to include the MVSP land use designation and remove the portion of Menifee Valley Ranch Specific Plan No. 301 (SP 301) proposed to be removed under Specific Plan Amendment No. PLN 21-0221.
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 1
Menifee Mayor and City Council
February 7, 2024
Page
387 of 1677
City of Menifee City Council
Menifee Valley SP
February 7, 2024
1 9
6 3
Specific Plan Amendment (SPA) No. PLN 21-0221 proposes to remove parcels located north of Matthews Road, south of SR-74, east of Menifee Road, and west of Briggs Road from SP 301.
The removal of this area from SP 301 would reduce the size of SP 301 from 1,548.3 to 942.0 acres and would reduce the number of permitted residential units within SP 301 by 1,718 units.
Change of Zone (CZ) No. PLN 21-0335 proposes to revise the City Zoning Map to include the MVSP (Specific Plan No. PLN 21-0217) zone. The change of zone is required to change the SP 301 zoning designation to MVSP.
Specific Plan (SP) No. PLN 21-0217 proposes the separate and distinct MVSP described in more detail below on 590.3 acres.
Tentative Tract Map (TTM) No. PLN 22-0033 (TTM No. 38303) includes an 11-lot subdivision to establish the boundaries and dimensions of streets and the proposed mass grading for the MVSP.
Following map recordation, the final map would become the legal document that identifies the lots consistent with the specific planning areas and backbone infrastructure to allow for future subdivision maps to be filed.
Development Agreement (DA) No. PLN 21-0338 between the Applicant and the City identifies the terms for development of the Project site and identifies the Applicant’s obligations associated with the proposed Project. The DA refers to the MVSP for the allowable land uses in the Specific Plan area and outlines other terms and commitments associated with the Specific Plan’s approval and implementation.
LOCATION
The Project is generally located within SP 301 in the northeastern portion of the City of Menifee in Riverside County, California (Assessor Parcel Numbers [APNs] 331-260-005 through -009, 331-270-005, 331-280-005, 331-290-004, 331-300-002, -004, -005, -007, and -013, 333-170-006 and -011 through -013).
The areas surrounding the Project site consist of a mix of land uses, including industrial, residential, and public/quasi-public facilities. The Project site is bounded on the north by SR-74 and the west by Menifee Road, both identified in the City’s General Plan as designated truck routes. Directly south are the Riverside County Transportation Commission (RCTC) rail corridor, SCE transmission facilities, and Matthews Road (a dirt road designated only as a paper street).
Directly to the east is Briggs Road. To the west of the Project site is Menifee Road with Southern California Edison (SCE) Valley Power Station across the street and the SCE service station at the southeast corner of Menifee and SR-74, which is a facilities and operations maintenance facility. Nearby single-family residential uses include the Heritage Lake residential community to the south on the opposite side of the RCTC rail corridor and other residential subdivisions under the jurisdictional authority of unincorporated Riverside County to the east of Briggs Road. Vacant land planned for commercial and industrial uses is located to the north across SR-74. At the southwest corner of the SR-74/Briggs Road intersection is Heritage High School, with the high school property directly abutting the Project site boundary on the high school site’s west and south sides.
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 2
Menifee Mayor and City Council
February 7, 2024
Page
388 of 1677
City of Menifee City Council
Menifee Valley SP
February 7, 2024
1 9
6 3
Project Location
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 3
Menifee Mayor and City Council
February 7, 2024
Page
389 of 1677
City of Menifee City Council
Menifee Valley SP
February 7, 2024
1 9
6 3
GENERAL PLAN/ZONE
General Plan
The General Plan land use designation of the site is SP 301. However, the Project includes a GPA to change the General Plan land use map to include the MVSP land use designation and remove the portion of SP 301. The Project also includes a SPA to remove the Project site from SP 301 and a Specific Plan application to include the Project site within the new MVSP.
The intent of the Specific Plan General Plan land use designation is to recognize areas where a Specific Plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The Project, specifically the proposed Specific Plan, provides the policies, standards and criteria for development of the area.
Zoning
The zoning designation of the Project site is SP 301. However, the Project includes CZ No. PLN 21-0335 which proposes to revise the City Zoning Map to include the MVSP zone, and SPA No.
PLN 21-0221 proposes to remove a 590.3-acre portion of SP 301, and SP No. PLN 21-0217 proposes to establish land uses and development standards for the same 590.3-acre site.
Zoning Map & General Plan Land Use Map
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 4
Menifee Mayor and City Council
February 7, 2024
Page
390 of 1677
City of Menifee City Council
Menifee Valley SP
February 7, 2024
1 9
6 3
BACKGROUND
January 10, 2024 Planning Commission Hearing
At the January 10, 2024 Planning Commission meeting, the Commission voted unanimously to adopt Resolutions recommending the City Council certify the Environmental Impact Report (EIR), adopt the Finding of Fact (Findings) and Statement of Overriding Considerations (SOOC), and a Mitigation Monitoring and Reporting Program (MMRP), and approve all entitlements for the Project with two modifications:
1. First, they instructed Staff to add a recital to the project resolution that the Developer would be encouraged to work collaboratively with Staff and the Economic Development Coalition (EDC) to attract businesses seeking space between 100,000 to 500,000 square feet buildings to encourage diversity of business types, multi-tenant building design and to discourage distribution uses within Planning Area 12; and,
2. Second, they instructed Staff to include a berm within the cross section between Planning Area 10 (Business Park) and the adjacent residential uses. This revision was made to Exhibit in the Specific Plan
Two people spoke in support of the project: 1) John Wuerth, Water Resources Manager, representing Eastern Municipal Water District (EMWD); and 2) Connie Stopher, Executive Director, representing the EDC. There were two individuals who expressed concerns regarding the Project: 1) Alex Madrid representing the Western States Regional Council of Carpenters; and 2) Patricia Brenes representing the City of Perris. In addition, the City received comment letters/emails in response to the Notice of Public Hearing and Final EIR from the following:
•Mitchell M. Tsai Law Firm
•Riverside County Flood Control and Water Conservation District •Angela Little, Winchester landowner
•The City of Perris
Additionally, City received letters of support from the following:
•William Cunningham, North Bayport Industrial Park II, Ltd •Riverside Co. Chapter of the Building Industry of Southern California •Multiple emails to Commissioners
Note additional comment letters were received in response to the Draft EIR. However, those comment letters received responses within the Final Environmental Impact Report (FEIR), as is required per State California Environmental Quality Act (CEQA) Guidelines.
Under CEQA, the City is not required to respond to comments on the FEIR. However, Staff reviewed each of the letters, consulted with legal counsel and the environmental consultant and determined that no additional information or substantial evidence was provided by any of the commenters that would require changes to the EIR. Staff and the Planning Commission’s assessment affirms the FEIR fully complies with the provisions of CEQA and is complete and adequate.
However, responses to the comment letters from Mitchell M. Tsai Law Firm and the City of Perris are provided within the attachments of this Staff Report package to add further clarification to the administrative record.
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 5
Menifee Mayor and City Council
February 7, 2024
Page
391 of 1677
City of Menifee City Council
Menifee Valley SP
February 7, 2024
1 9
6 3
Previous County of Riverside Entitlements
The Project site is located within the approved SP 301 adopted by Riverside County Board of Supervisors on April 29, 1997. For this Project site, the County of Riverside in 2005 also approved two TTMs (TR 31811 and TR 31812). TR 31811 was approved for the subdivision of 205.2 acres into 559 single-family residential lots and 15 open spaces. TR 31812 was approved for the subdivision of 346.4 acres into 737 single-family residential lots, 6 lots for future triplex development, and 8 open space lots, including a golf course. Both maps have since expired.
Pre-Application Review No. 2017-161
In June 2017, the Project Applicant submitted a Pre-Application Review (PAR) application for the Project site. PAR No. 2017-161 proposed a change to TTM No. 31812 approved for the subdivision of 346.4 acres into 737 single family residential lots, six lots for future triplex development and eight open space lots for active and passive recreation uses. The Applicant proposed a change by subdividing 351.5 acres into 431 single-family residential lots, two condominium lots, two lots for water quality management purposes, five lots for recreational purposes, and 54 open space lots and one 225-acre remainder lot. At the time, Planning staff informed the Project Applicant that an SPA to amend the land use map boundaries of the Specific Plan and a CZ to amend planning area development standards would be required to be submitted.
Note this version of the plan included no industrial, commercial or civic uses, as compared to the current Project.
SP No. 2018-181 and SPA No. 2018-182
In July 2018, the Project Applicant submitted applications for a Specific Plan Amendment (SPA 2018-182) and a new Specific Plan (SP 2018-181). This initial proposal did not include any of the industrial, commercial or civic uses. Later versions, however, included Retail – Mixed Use and Civic uses on approximately the same areas as what is currently proposed—albeit the Retail – Mixed Use was approximately half the size of the area currently proposed. Ultimately, SP 2018- 181 and SPA 2018-182 were withdrawn and replaced with the current Project.
SP 2018-181 and SPA 2018-182 Subsequently Proposed Land Use Maps
Item Title: 11.1
Menifee Valley Specific Plan
Item Page Number: 6
Menifee Mayor and City Council
February 7, 2024
Page
392 of 1677
City of Menifee City Council
Menifee Valley SP
February 7, 2024