Agenda packet, first session — Menifee City Council, April 3, 2024 (part 2 of 6)

at the main. This option would require a pump system with an estimated additional cost of approximately $300,000. Eastern Municipal Water District (EMWD) rejected this option as sewer mains must be deeper than 6 feet.

2. Extend the sewer main from an existing manhole located at the intersection of Evans Road and Garbani Road, approximately 470 feet to the west of the Project site. This option would require boring under an existing drainage culvert and would also cost an additional $300,000.

3. Connect to the existing sewer main at Quilt Way. This option would include installing 900 feet of sewer lateral along the maintenance road of the drainage channel located west of the Project site. The cost for this option would be slightly less than the first two options.

Staff and the Consultant determined the cost required to extend a sewer main/lateral to serve a single small restroom facility would be unfeasible as it would far exceed the existing budget allocated for this Project. Staff determined that a pit type restroom, similar to what is found at national parks, would be the most cost-effective option within the established budget, and began researching ways in which to procure this style of restroom for the Project.

The City previously utilized the Sourcewell Cooperative Purchasing Agreement, Contract No. 081721-CXT, to purchase prefabricated restroom buildings for the Audie Murphy Ranch Skate Park, John Denver Park, and Lyle Marsh Park. Procurement through cooperative purchase agreements drastically reduces the procurement timeline while ensuring the City receives competitive pricing and quality products from a trusted vendor.

The cost of the purchase for the prefabricated pit-style restroom building with for Gale Webb Action Sports Park is $91,801. The purchase price includes the restroom building, solar fans and lighting, timed locking system, necessary earth work such as excavation and backfill to install the pit tanks, crane services, transportation and delivery costs, and taxes and fees. It is important to note that this purchase does not include site work such as grading, utility connections (water) and concrete flat work around the new restroom. The cost of the sitework is estimated to be approximately $55,000. Staff is looking into the possibility of performing the work by force account utilizing internal resources (Public Works crews) to complete the necessary site work. However, if it is determined the work is beyond the scope of available internal resources, the site work services would be procured through the competitive bidding process and performed under a separate agreement, which would be presented to City Council for consideration of award at a future meeting. Maintenance of the restroom tanks would include bi-weekly servicing at a cost of $886 per visit, or $1,772 per month. The Community Services Department would coordinate and budget for the necessary ongoing maintenance services of the restrooms.

City Council action is required for approval of the purchase of the prefabricated restroom building as the purchase exceeds the City Manager’s authority.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 2
Menifee Mayor and City Council April 3, 2024 Page 251 of 1410 City of Menifee Staff Report
CIP 24-09 Gale Webb Permanent Park Restrooms
April 3, 2024

Page 3 of 3 ends

FISCAL IMPACT
The total anticipated fiscal impact for the purchase of the prefabricated restroom building is $91,801. The installation of the prefabricated restroom building would be competitively bid under a separate agreement. Available funding for this purchase is located within the current Project’s Fiscal Year 2023/2024 budget, as summarized in Table 1 below.

Table 1 – Existing Project Funding
Fund Account Number Available
Budget
Anticipated
Cost
DIF Citywide – Park Improvements 522-4555-58182 $150,000 $91,801 No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. CXT Quote
Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 3
Menifee Mayor and City Council April 3, 2024 Page 252 of 1410 Craig Ave

LAKE ELSINORE

MURRIETA

WILDOMAR
215
Haun Rd
Bundy Canyon Rd
Scott Rd
Newport Rd
La Piedra Rd
Normandy Rd
M
urriet
a
Rd
Antelo
pe
Rd
Bradley Rd
Holland Rd
Project Site
0 0.01 0.03
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\GaleWebbParkRestrooms\GaleWebbParkRestrooms.aprx Date: 1/25/2024 Gale Webb Action Sports Park Restrooms
Project Location Map
Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 4
Menifee Mayor and City Council April 3, 2024 Page 253 of 1410 CXT® Precast Concrete Products manufactures restroom, shower and concession buildings in multiple designs, textures and colors. The roof and walls are fabricated with high strength precast concrete to meet all local building codes and textured to match local architectural details. All CXT buildings are designed to meet A.D.A. and to withstand heavy snow, high wind and category E seismic loads. All concrete construction also makes the buildings easy to maintain and withstand the rigors of vandalism. The buildings are prefabricated and delivered complete and ready-to- use, including plumbing and electrical where applicable. With thousands of satisfied customers nationwide, CXT is the leader in prefabricated concrete restrooms.

1. ORDERING ADDRESS(ES): CXT Precast Concrete Products, 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206

2. ORDERING PROCEDURES: Fax 509-928-8270

3. PAYMENT ADDRESS(ES):

Remitting by check:

CXT, Inc., PO Box 676208, Dallas, TX 75267-6208
Remitting by ACH or wire transfer:

Beneficiary: CXT, Inc.

Beneficiary Bank: PNC Bank, Pittsburgh, PA
Account: 1077766885 ABA/Routing: 043000096
Email remittance details to [email protected]

4. WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The warranty is valid only when concrete is used within the specified loadings.

Furthermore, said warranty includes only the related material necessary for the construction and fabrication of said concrete components. All other non-concrete components will carry a one (1) year warranty. CXT warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specifications unless notice identifying the nature of any nonconformity is provided to CXT in writing within the specified warranty.

CXT, at its option, will repair or replace the goods or issue credit for the customer provided CXT is first given the opportunity to inspect such goods.

It is specifically understood that CXT’s obligation hereunder is for credit, repair or replacement only, F.O.B. CXT’s manufacturing plants, and does not include shipping, handling, installation or other incidental or consequential costs unless otherwise agreed to in writing by CXT.

This warranty shall not apply to:

1. Any goods which have been repaired or altered without CXT’s express written consent, in such a way as in the reasonable judgment of CXT, to adversely affect the stability or reliability thereof;

2. To any goods which have been subject to misuse, negligence, acts of God or accidents; or

3. To any goods which have not been installed to manufacturer’s specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed.

5. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): All prices subject to the “Conditions of Sale” listed on the CXT quotation form.

Customers are responsible for marking exact location building is to be set; providing clear and level site, free of overhead and/or underground obstructions; and providing site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. Site must allow for the crane to be within three feet of the building location and the truck to be within three feet of the crane.

Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles to access. CXT reserves the right to charge the customer for additional costs incurred for

ORDERING INFORMATION
special equipment required to perform delivery and installation. Customers will negotiate installation on a project-by-project basis, which shall be priced as separate line items. For more information regarding installation and truck turning radius guidelines please see our website at http://www. cxtinc.com.

In the event delivery of the building/s ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment. Delivery and installation charges will be invoiced at the time of delivery and installation.

Should the delivery and installation costs increase due to changes in the delivery period, this increase will be added to the price originally quoted, and will be subject to the contract payment terms.

In the event that the delivery is delayed more than 90 days after the agreed to schedule and through no fault of CXT, then in addition to the remedies above, a storage fee of 1-½% of contract price per month or any part of any month will be charged.
**Customer is responsible for all local permits and fees.

6. DELIVERY CHARGE: All prices F.O.B. origin prepaid and added to invoice.

CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers.

7. PAYMENT TERMS: All orders are cash in advance. At CXT’s discretion, credit may be given after approval of credit application. Payment to CXT by the purchaser of any approved credit amount is net 30 days after submission of invoice to purchaser. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning with the 35th day (includes five (5) day grace period) from the date of the invoice. Under no circumstance can retention be taken. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT’s costs, expenses and attorneys’ fees and costs of any appeal.

8. LIMITATION OF REMEDIES: In the event of any breach of any obligations hereunder; breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered.

9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. Use the information below to determine the origin:
• F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687 applies to: AK, CA, HI, ID, MT, ND, NV, OR, SD, UT, WA, WY. • F.O.B. 901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ, CO, IA, KS, LA, MN, MO, MS, NE, NM, OK, TX.
• F.O.B. 362 Waverly Road, Williamstown, WV 26183 applies to AL, CT,

DE, FL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, PR, RI, SC, TN, VA, VT, WI, WV.
• Prices exclude all federal/state/local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption.

Rev. 07/24/2023
Contract # 081721-CXT
Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 5
Menifee Mayor and City Council April 3, 2024 Page 254 of 1410 TIOGA — 11’ 11” x 14’ 4”
Tioga Special is a double vault style restroom. Standard features include two polyethylene lined concrete vaults, simulated barnwood textured walls, simulated cedar
shake textured roof, off loaded, and set up at site.
800.696.5766
cxtinc.com
Price Per Unit
Base Price $$
Added Cost Options Click to
Select
Earth Work (includes excavation, backfill and cleanup) $ Chase Option $
Optional Wall Texture- choose one Split Face Block ($5,000) Stone ($7,000) Custom Texture ($7,500) Optional Roof Texture Rib
0
6 $
Insulated Roof Panel (per room) Qty: 2 $
Room Wastebasket (each) Qty: 2 $
Stainless Steel Riser (each) Qty: 2 $
Hand Sanitizer Dispenser (each) Qty: 2 $
Baby Changing Table (each) Qty: 2 $
Fiberglass Doors and Frames (each) $
Owl Guard (each) Qty: 2 $
Marine Package (excluding fiberglass doors and frames) $ Solar Light Kit (per room) Qty: 2 $
Solar Fan Kit (per room) Qty: 2 $
Rain Vent Cap (each) Qty: 2 $
Timed Lock System (each) Qty: 2 $
Conduit Junction Box (chase only) $
Electric Light Package (chase only) $
Total for Added Cost Options: $
Custom Options: $
Engineering and State Fees: $
Estimated One-Way Transportation Costs to Site (quote): $ Estimated Tax: $
Total Cost per Unit Placed at Job Site: $
This price quote is good for 60 days from date below,
and is accurate and complete.

I accept this quote. Please process this order.

Company Name
CXT Sales Representative Date Company Representative Date Other Options
One Color: Two-Tone Color: Top Section: Bottom Section: Rock Color:

Walls
Roof Toilet Paper Holder:

Deadbolt Lock:

Signage:

Privacy Latch ADA Handle:

Men Women Unisex Accessible Right Side Left Side Rear Door *Building includes restroom signs in Braille and roman lettering.

Estimated monthly payment on 5 year lease
Notes:

Wall Vent Location: (upon entering door)
42,066.00 42,066.00
6,500.00 ✔ 6,500.00
6,500.00 ✔ 6,500.00
5,500.00 0.00
1,800.00 0.00
250.00 0.00
2,500.00 0.00
3,300.00
150.00 0.00
150.00 0.00
6,500.00 0.00
1,200.00 ✔ 2,400.00
1,200.00 ✔ 2,400.00
150.00 0.00
1,350.00 ✔ 2,700.00
1,000.00 0.00
10,000.00 0.00
20,500.00
CA 8 hr crane $2000, DIR $1000 3,000.00
4,500.00
15,900.00
5,835.00
$1,845.20
91,801.00
(select one) (select one)
(select one)
(select one) (select one) (select one)
Pricing includes Stamped plans (if required), State approval (if required), excavation, delivery of building, crane to set vaults and building, backfill, compaction and grading of spoils around the site The site must be accessible to over the road semi and trailer (select one)
Kurt A Mee
Digitally signed by Kurt A
Mee
Date: 2024.03.05
12:30:19 -07'00'
Reset Wall Texture 0.00
750.00 0.00
Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 6
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Menifee Mayor and City Council April 3, 2024 Page 258 of 1410 Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 10
Menifee Mayor and City Council April 3, 2024 Page 259 of 1410 Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 11
Menifee Mayor and City Council April 3, 2024 Page 260 of 1410 Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 12
Menifee Mayor and City Council April 3, 2024 Page 261 of 1410 Trilogy® 4100/4500 Series electronic
pushbutton locks with Privacy and Residency
features in PIN or PIN/Prox models.

Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 13
Menifee Mayor and City Council April 3, 2024 Page 262 of 1410 Prox Mortise
model (shown in
26D satin chrome)
accepts most HID
Proximity cards
and keyfobs.

Cards can be
enrolled via the
lock, card
reader module or
PC.
• Field-proven, standalone rugged
keyless locks with vandal-proof, allmetal keypad No wiring; long-life battery operation. (Key override with
IC core option.)
• “Privacy” feature ideal for bathrooms,
dressing rooms, etc. With the push of
a button on the back of the lock (inner
door), the lock cannot be opened
from the front entry side.
• LED indicator on front of the door will
flash while privacy feature is active.

Tri-colored LED indicator also shows
code acceptance or denial (green
or red, respectively), or low battery
condition (yellow).
• Programmable “Residency” feature
allows users
to close the
door behind
them and have
the lock remain
unlocked until it is physically relocked
with PIN or Prox device.

Standard model, shown in 26 polished chrome finish.
• Users are individually programmed to use a PIN or card only (PDLprox models), or for the highest security - both card and code. • 2000 3 to 6 digit user codes: Master; manager; supervisor; basic users. (PDL-Prox models support up to 2000 Prox. ID cards/fobs or codes.) One-time service codes. Total user lockout code. Keypad lockout after numerous attempts to “guess” codes.
• Weatherproof for use inside and out even in weather extremes from -31 degrees below to 151degrees F on both sides of the door. • Fingertip (keypad) or Windows PC-programmable
• Scheduled Events: Real time clock enables up to 500 scheduled events and holiday schedules. Program to lock/unlock; disable/ enable users; 4 built-in time schedules
• Audit Trail with Time/Date Stamp Log: Up to 40,000 event Audit Trail with printed time/date-stamped log of all electronic activity can be reported from the lock including user entry, unlock/lock events, program mode changes, user entry, keypad lockout, remote release events, unauthorized code attempts, etc., by using the AL-IR1 (infrared printer), the AL-DTM (data transfer module) or PCI2 (PC interface). Program data transferred to lock via AL-PCII (PC interface) or (AL-DTMII data transfer module). (see back cover) • “First-Manager-in” controls three (3) different features: Passage mode, group of users and relay options
• Non-volatile memory of both programming and audit trail activity • Programmable Form C Relay functions for schedules of manual control of CCTV, lighting, ambush function, alarm system, etc. • Iconic bilingual Privacy and Residency Instructional Signs supplied with lock For use on inside door to give operational use, in English and Spanish language. (shown on cover)
Privacy and
residency features
have been added
to Trilogy, the
fastest growing line
of electronic keyless
pushbutton locks.

Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 14
Menifee Mayor and City Council April 3, 2024 Page 263 of 1410 Alarm Lock,the leader in electronic pushbutton
standalone locks, introduces Trilogy® Electronic
Digital Privacy Locks. The 4100 and 4500
Series, in cylindrical and mortise lock styles,
respectively, are available in PIN or PIN/Prox Card models, and can be used in any application large or
small, from businesses and hospitals, to
retail stores & schools, and from residential
units to single family homes.

PRIVACY: After entering with a
PIN pass code or Prox ID,
the user simply pushes
the privacy button on the
back of the lock (inner
door). Doing so assures
privacy, as the lock will not open from
the front entry side, until the user exits
(the door is reopened from the inside),
or optionally, the privacy session
“times-out” following a preset duration.

Trilogy electronic pushbutton standalone
privacy locks, ideal anywhere key-free,
temporary sessions of privacy are required:
• Single-occupancy restrooms
• Dressing rooms
• Darkrooms
• Hospital on-call/sleeping rooms
• Executive offices
• Confidential file rooms
• And more
During any privacy-session, the red
LED on the outer, keypad-side of
the door will flash to indicate that
the room is occupied. When exiting
the room, the occupant simply leaves
normally. As an added safeguard, this exit sequence,
triggered by the rotation of the inside handle,
will also enable a three second delay, before it
will accept an additional signal from the privacy
button (eliminating inadvertent privacy-locking).

RESIDENCY: For residency applications, where
accidental resident lock-outs are a concern, or
where frequent trips in and out make unlocking
the door with code or card each time impractical,
the residency feature can also be turned on
at the lock’s keypad. This programmable
“Residency” feature allows users to exit their
premises, closing the door behind them and
the lock will remain unlocked until it is physically,
consciously relocked, with Prox ID or keyfob or
PIN. This free-exit/passage mode enabled by the
residency feature is a welcome convenience
for those needing to make several
trips in and out of a unit, room or
building, and is likewise ideal for
residents who, may repeatedly
find themselves unintentionally
locked out without their Prox ID
or fob (or code), for example, upon
momentarily stepping out the front door,
to pick up their mail or newspaper only
to have the door accidentally lock
behind them.

New privacy feature and keyless convenience are ideal for bathrooms or dressing rooms.

Residency feature prevents
accidental occupant lock-outs.

Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 15
Menifee Mayor and City Council April 3, 2024 Page 264 of 1410 1 3/8” (3.5 cm) mortise cylinder supplied
with the DL/PDL4500.

Interchangeable Core Option, Special
Core Preps available as well as Regal
Handle Trim
4100 Cylindrical Specifications
Operation: Authorized digital code or prox technology ID allows lever to retract latch. Inside lever is always in passage mode and permits instant egress.

Operating Temperature: Weatherproof lock with operating range from -31 degrees below to 151degrees F.

Keypad: Weatherproof, all-metal, 12-button programmable for multi-level access functions. Proximity antenna housing molded of ultra high strength, impact resistant Lexan®.

Programming: Locking modes, event schedules, group or
individual user codes, master and management codes, passage and emergency or service code, lockout and remote override capability and allowable entry time (3, 10 or 15 seconds), etc. are programmable through the keypad, the AL-DTM (data transfer module) or Alarm Lock DL – Windows PC Software.

Audit Trail: Lock’s activity log can be extracted by using the ALDTM (data transfer module), the AL-PCI (PC interface) and/or can be on-site printed using the AL-IR1 (hand-held infrared printer) Power: 5AA alkaline batteries, furnished. Audible low battery alert, visual and audible entry indicators; 60,000 cycles, typical.

Door Thickness: 1 5/8” to 1 7/8” standard. For 1 3/8” doors use S6072 spacers. For other thickness’, please consult factory.

Backset: 2 3/4” standard. 2 3/8” backset also available.

Door Prep: Standard ANSI A115 Series Prep modified by adding additional through-bolt holes.

Cylinder: Solid brass 6 pin tumbler cylinder keyed 5, SCI keyway, furnished in all K.O. models. Tailpieces for Schlage (HW580) & Lori (HW620) cylinders (furnished). Standard IC core models accept Arrow®, Best®. Falcon®, KSP® and Kaba Peaks® 6 or 7 pin IC core cylinders (not furnished). Alarm Lock tailpiece for use with IC core cylinders is furnished. IC core models prepped for Yale®, Medeco®, Corbin-Russwin®, Sargent® and
Schlage® also available.

Strike: 1 1/8” x 2 3/4” T strike
standard. With screws for wood
or metal jambs. 1 1/4” x 4 7/8”.

ASA strike also included.

Finishes: US3 polished brass,
US26D satin chrome, US26
polished chrome, US5
antique brass, plus special
order finishes (including
Durondic US1OB).

Compliances: Grade I heavy
duty cylindrical lockset. UL
listed to the 1OC Positive
Pressure Specification.

Latchbolt is UL listed and
3-hour fire rated. FCC certified.

ADA compliant levers.
4500 Mortise Specifications
Operation: Authorized digital code or prox technology ID (e.g HID card) enables outside lever to retract latchbolt, deadlocking latch and deadbolt (where applicable). Inside lever is always in passage mode and permits instant egress.

Operating Temperature: Weatherproof lock with operating range from -31 degrees below to 151degrees F.

Keypad: Rugged weather-resistant all-metal, 12-button programmable for multi-level access functions.

Programming: Locking modes, event schedules, group or individual user codes, master and management codes, passage and emergency or service code, lockout and remote override capability and allowable entry time (3, 10 or 15 seconds), etc. are programmable through the keypad, from the Data Transfer Module (AL-DTMII) or using any PC running Alarm Lock DL-Windows Software.

Audit Trail: Locks’ entry activity log can be polled to the Data Transfer Module (AL-DTMII), any PC using DL-Windows Software, and/or can be on-site printed using the hand-held infrared printer (AL-IR1).

Power: 5AA alkaline batteries extended operations, furnished. Also optional AC auxiliary power using 6-12 volt power supply. Audible low battery alert, visual and audible entry indicators, 60.000 cycles, typical.

Door Thickness: Standard I 3/4” (4.46cm) thickness. (Accepts I 3/8” to 1 7/8” or 3.5 to 4.7 cm).

Backset: 2 3/4” (7.01 cm)
Door Prep: Standard ANSI 115.1 Mortise prep. modified with added through-bolt holes.

Cylinder: 1 3/8” (3.5cm) mortise cylinder supplied. 1 3/4” - 1’ 1/2” (3.5 - 3.82cm) mortise cylinders accepted. Classroom Models are supplied with cylinder with straight cam. Deadbolt Models are supplied with cylinder with cloverleaf cam.

Classroom Models: Feature stainless steel latchbolt with 3/4” (1.91 cm) projection and deadlocking latch.

Deadbolt Models: Feature stainless steel deadbolt with 1” (2.55 cm) projection, latchbolt with 3/4” (1.91 cm) projection and deadlocking latch. Deadbolt may be projected from key cylinder from outside door or tum-piece from inside door.

Interchangeable Cores: Will accept interchangeable core mortise cylinders with compatible cams. Not Supplied.

Trim: Standard Trilogy Handle Leverset (squared) or optional Regal curved lever handle.

Handling: Specify Right or Left hand when
ordering. If reverse handing is required, lock is
field reversible. See installation instructions
for directions.

Strike: ASA strike supplied, matched to
classroom or deadbolt function model
& lock handing. Standard strike is 4 7/8”
(12.43 cm) and includes combination
wood/metal screws.

Finishes: US26D Satin Chrome, US5 Antique
Brass, DS3 Polished Brass, US26 Polished
Chrome and 10B Duronodic.

Compliances: Steelcase lockbody meets
BHMA specifications for Grade 1
locks. UL Listed to the IOC Positive
Pressure Specification. Latchbolt is
UL Listed, and 3-hour fire rated. FCC
Certified. ADA compliant lever.

Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 16
Menifee Mayor and City Council April 3, 2024 Page 265 of 1410 About HIPAA (Health Insurance
Portability and Accountability Act):

HIPAA (US Health and Human Services Law
104-191) is a statute enacted in 1996 by
Congress to encourage national standards
to protect the privacy of Personal Health
Information (PHI). HIPAA Compliance,
is required by institutions handling
confidential patient records. The US
Department of Health and Human Services
issued the Privacy Rule to implement the
requirements of HIPAA. This rule addresses
the use and disclosure of individual’s
protected health information, as well as
standards for individuals’ privacy rights to
understand and control how their health
info. is used. Deadlines for all Health Care
Providers, including health plans, their
administrators and their clearing houses,
have now all expired.

To comply, a covered entity must develop
and implement policies and procedures
that restrict access and uses of protected
health information based on specific roles
of the members of their workforce. They
must identify the persons, or classes of
persons in the workforce who need access
to protected health information to carry out
their duties, the categories of protected
health information to which access is needed
and any conditions under which they need
the information to do their jobs.

The proven choice of more hospitals, firms and institutions – Trilogy provides a simple solution to
implementing HIPAA regulations and
securing private health information records
with the minumum effort and fuss
– guaranteed.

For all those who handle patient records:

Are they secure around the clock? Who accessed them, when? Effective with April 2004’s deadline, those who access these files must be logged for later reference. Trilogy locks by Alarm Lock are HIPAA compliant by design, citing chapter and verse, below:
“Security Standards for Health Information
(Public Law 104-191; Item D, Section 1173)
(1) Security Standards. – (shall) take into account:
“the value of audit trails in record systems.” (iv)
• Get 40,000 event audit trails from the Trilogy Lock locally or at your PC. Know who entered what door by date and time and name.
“the costs of security measures;” (ii)
• Trilogy locks: Economically and easily installed in less than an hour, retrofitting any lockset. No wires to run. Use inside or out, including weather extremes. • 2000 user PINs or ID Cards supported at each lock.
• Self-contained, battery operated. No keys to manage. Key override including your choice of optional IC cores.
“the need for training persons who have access to health info.” (iii) • Easy to use with 3 to 6 digit PINs. No user training required. • Keypad programmable for master, management and user code hierarchy, with lockdown, group lockout or individual user code disable – tool-free. • With one finger, managers can add authorized users and/or disable any staffer or ex-staffer’s code in seconds, too--without delays and expense getting any keys back or rekeying locks.

To avoid fines of $25,000 to $250,000:
“covered entities (shall) provide records and compliance reports and cooperate with and permit access to information for investigation” • Get hard copy records or store electronic files of up to 40K Audit trails and door access, example, door to medical records room A-M, by time, date and user.

Query use with Trilogy’s handheld printer or archive at your PC using Trilogy Windows.
“Data must be safeguarded ... Example: securing
medical records with lock and key or pass code,
and limiting access to keys or pass codes.”
Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 17
Menifee Mayor and City Council April 3, 2024 Page 266 of 1410 U® L
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Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 18
Menifee Mayor and City Council April 3, 2024 Page 267 of 1410 Item Title: 10.5 Gale Webb Action Sports Park Restrooms Project Item Page Number: 19
Menifee Mayor and City Council April 3, 2024 Page 268 of 1410

CITY OF MENIFEE
SUBJECT: Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project
MEETING DATE: April 3, 2024
TO: Mayor and City Council
PREPARED BY: Michael To, Project Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Studio 2G Architects, LLP for architectural and engineering services for the Cherry Hills Facility Improvements - Phase 1 Project, located at 26800 Cherry Hills Boulevard, Capital Improvement Program Project No. CIP23-13, effective April 3, 2024, through December 31, 2025, for a total not-to-exceed amount of $218,170.20.

DISCUSSION
The Cherry Hills Facility Improvements - Phase 1 Project (formerly known as Acquisition and Tenant Improvements – Bank of America Building Project), CIP 23-13 (“Project”) is located at 26800 Cherry Hills Boulevard in the City of Menifee. The Cherry Hills facility is an approximately 9,500 square foot building built in the 1960’s/1970’s where the Sun City Bank of America operated for several years. The City purchased the facility in April 2023 to provide additional space needed for the expanding Police Department, which currently operates out of a leased satellite office located at the Cherry Hills Plaza. The Facility also includes the surrounding parking lot area.

The first phase of the Project includes the abatement of existing asbestos found throughout the building and remodeling of approximately 2,500 square feet of the existing facility to accommodate Police Department staff. Because staff was unable to obtain as-built plans for the existing facility, the Project scope would include a detailed survey and mapping of interior and exterior elements (i.e. structural, electrical, plumbing, etc.) throughout the facility, construction of a new partition wall, reconstruction of a public lobby, restrooms, kitchen area, workstations for 20 officers, office areas, upgrades to existing electrical, plumbing and HVAC systems, retrofitting the existing parking lot and walkways to comply with current American’s with Disabilities Act standards, and upgrading security systems, windows, and access doors. The proposed improvements would allow the facility to house assigned police personnel and would provide Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 1
Menifee Mayor and City Council April 3, 2024 Page 269 of 1410 City of Menifee Staff Report
CIP 23-13 Studio 2G Agreement
April 3, 2024

Page 2 of 3 ends

additional space for future City needs. The Project would meet the City’s Strategic Plan Goal of enhancing public safety.

On November 22, 2023, staff released a Request for Proposal (“RFP”) to solicit firms for the architectural and engineering services for the Project. A total of four proposals were received by the following: Studio 2G Architects, Gillis & Panichapan Architects, Inc., Ferguson Page Baldwin Architects, and Brian F Knight Architect, Inc. After reviewing and evaluating all proposals for qualifications, a proposal ranking was assigned to each firm.

The top three ranked firms were then invited to participate in selection interviews to assess the proposed team and determine the firm that would most meet the City’s requirements. Table 1 below outlines the qualification ranking following the interviews.

Under the California Government Code Section 4526, local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications. For this reason, cost proposals were sealed until the selection process was completed.

Table 1 – Firm Ranking Summary
Firm Name Interview
Score
Qualification
Ranking Base Fee
Studio 2G Architects 89.00 1 $164,930.54
Gillis & Panichapan
Architects, Inc. 83.75 2 $139,800.00
Ferguson Page
Baldwin Architects 79.50 3 $151,405.00
Studio 2G Architects, LLP (“Consultant”) received the highest overall interview score and staff proceeded to open their base cost proposal of $164,930.54. After thorough consultation and review of the proposal by both the Consultant and city staff, it was deemed advantageous for the Project to incorporate scope add-alternates, pending on-site investigation and analysis of structural components due to numerous unknowns within the facility, given the absence of available as-built plans. The execution of add-alternates, such as ADA modification and fire alarm and sprinkler plans identified in Exhibit “A” of the proposed Professional Services Agreement, would require prior written approval from the City's assigned Project Manager or staff.

The Consultant's proposal was adjusted to reflect a final amount not exceeding $218,170.20. This figure aligns with the Independent Engineer's estimate of $230,000, representing 14% of the estimated construction cost of $1,620,000 or $650 per square foot, suitable for the critical facility intended to serve the Police Department. The Consultant's revised fee proposal meets all City requirements outlined in the RFP and is deemed reasonable. Their selection as the top-ranking firm was based on their comprehensive experience relevant to the project scope, understanding, and overall qualifications.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 2
Menifee Mayor and City Council April 3, 2024 Page 270 of 1410 City of Menifee Staff Report
CIP 23-13 Studio 2G Agreement
April 3, 2024

Page 3 of 3 ends

City Council action is required for approval of the proposed Professional Services Agreement for architectural and engineering services required for the Project as the total amount of the agreement exceeds the City Manager’s signing authority.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed agreement with the Consultant is not-to-exceed $218,170.20.

Funding for the agreement is available within the Fiscal Year 2023/2024 Project budget, as summarized in Table 2 below. The current available budget for the Project would fund only the design phase to determine all components needed for the construction phase. Staff would request any additional funds required for the construction phase at a later date.

Table 2 – Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of
Services
Grants (ARPA) CIP 23-13 301-4555-58167 $495,881.75 $218,171.20

ATTACHMENTS

1. Project Location Map

2. Professional Services Agreement
Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 3
Menifee Mayor and City Council April 3, 2024 Page 271 of 1410 Jones
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CherryHills_FacilityImprovements\CherryHills_FacilityImprovements.aprx Date: 3/18/2024 Cherry Hills Facility Improvements - Phase 1
(CIP 23-13)
Project Location Map
Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 4
Menifee Mayor and City Council April 3, 2024 Page 272 of 1410 2905/031858-0001
18155996.1 a10/04/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS - PHASE 1
(ARCHITECTURAL AND ENGINEERING SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and STUDIO 2G ARCHITECTS, LLP, a Limited Liability Partnership (LLP) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on April 3, 2024 and shall end on December 31, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 5
Menifee Mayor and City Council April 3, 2024 Page 273 of 1410 2905/031858-0001
18155996.1 a10/04/23 -2-

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Two Hundred Eighteen Thousand One Hundred Seventy Dollars and Twenty Cents ($218,170.20) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 6
Menifee Mayor and City Council April 3, 2024 Page 274 of 1410 2905/031858-0001
18155996.1 a10/04/23 -3-
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

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

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

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

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 7
Menifee Mayor and City Council April 3, 2024 Page 275 of 1410 2905/031858-0001
18155996.1 a10/04/23 -4-

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

SECTION 4. INSURANCE REQUIREMENTS.

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

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 8
Menifee Mayor and City Council April 3, 2024 Page 276 of 1410 2905/031858-0001
18155996.1 a10/04/23 -5-
fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

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

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 9
Menifee Mayor and City Council April 3, 2024 Page 277 of 1410 2905/031858-0001
18155996.1 a10/04/23 -6-
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 23- 13 CHERRY HILLS FACILITY IMPROVEMENTS - PHASE 1 (ARCHITECTURAL AND ENGINEERING SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 10
Menifee Mayor and City Council April 3, 2024 Page 278 of 1410 2905/031858-0001
18155996.1 a10/04/23 -7-
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 11
Menifee Mayor and City Council April 3, 2024 Page 279 of 1410 2905/031858-0001
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b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

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

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

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

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

Item Title: 10.6
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SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.6
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defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.6
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Item Title: 10.6
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Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Item Title: 10.6
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any Item Title: 10.6
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and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not Item Title: 10.6
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constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

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

Studio 2G Architects, LLP
Attn: Heidi Gibson, Principal
811 Palm St.

San Luis Obispo, CA 93401
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michael To, Project Manager
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.6
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10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

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

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

10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in Item Title: 10.6
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interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.6
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

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

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Heidi Gibson, Partner, Project Architect

Ashley Mayou, Jr Partner, Project Manager
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.6
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS - PHASE 1 (ARCHITECTURAL, AND ENGINEERING SERVICES) services in the amount not to exceed Two Hundred Eighteen Thousand One Hundred Seventy Dollars and Twenty Cents ($218,170.20) as further detailed in the following page(s).

Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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Item Title: 10.6
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18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 34
Menifee Mayor and City Council April 3, 2024 Page 302 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 35
Menifee Mayor and City Council April 3, 2024 Page 303 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 36
Menifee Mayor and City Council April 3, 2024 Page 304 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 37
Menifee Mayor and City Council April 3, 2024 Page 305 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 38
Menifee Mayor and City Council April 3, 2024 Page 306 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 39
Menifee Mayor and City Council April 3, 2024 Page 307 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 40
Menifee Mayor and City Council April 3, 2024 Page 308 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 41
Menifee Mayor and City Council April 3, 2024 Page 309 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 42
Menifee Mayor and City Council April 3, 2024 Page 310 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 43
Menifee Mayor and City Council April 3, 2024 Page 311 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 44
Menifee Mayor and City Council April 3, 2024 Page 312 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 45
Menifee Mayor and City Council April 3, 2024 Page 313 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 46
Menifee Mayor and City Council April 3, 2024 Page 314 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 47
Menifee Mayor and City Council April 3, 2024 Page 315 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 48
Menifee Mayor and City Council April 3, 2024 Page 316 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 49
Menifee Mayor and City Council April 3, 2024 Page 317 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 50
Menifee Mayor and City Council April 3, 2024 Page 318 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 51
Menifee Mayor and City Council April 3, 2024 Page 319 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 52
Menifee Mayor and City Council April 3, 2024 Page 320 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 53
Menifee Mayor and City Council April 3, 2024 Page 321 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 54
Menifee Mayor and City Council April 3, 2024 Page 322 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 55
Menifee Mayor and City Council April 3, 2024 Page 323 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 56
Menifee Mayor and City Council April 3, 2024 Page 324 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 57
Menifee Mayor and City Council April 3, 2024 Page 325 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 58
Menifee Mayor and City Council April 3, 2024 Page 326 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 59
Menifee Mayor and City Council April 3, 2024 Page 327 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 60
Menifee Mayor and City Council April 3, 2024 Page 328 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 61
Menifee Mayor and City Council April 3, 2024 Page 329 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 62
Menifee Mayor and City Council April 3, 2024 Page 330 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 63
Menifee Mayor and City Council April 3, 2024 Page 331 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 64
Menifee Mayor and City Council April 3, 2024 Page 332 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 65
Menifee Mayor and City Council April 3, 2024 Page 333 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 66
Menifee Mayor and City Council April 3, 2024 Page 334 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 67
Menifee Mayor and City Council April 3, 2024 Page 335 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 68
Menifee Mayor and City Council April 3, 2024 Page 336 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 69
Menifee Mayor and City Council April 3, 2024 Page 337 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 70
Menifee Mayor and City Council April 3, 2024 Page 338 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 71
Menifee Mayor and City Council April 3, 2024 Page 339 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 72
Menifee Mayor and City Council April 3, 2024 Page 340 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 73
Menifee Mayor and City Council April 3, 2024 Page 341 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 74
Menifee Mayor and City Council April 3, 2024 Page 342 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 75
Menifee Mayor and City Council April 3, 2024 Page 343 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 76
Menifee Mayor and City Council April 3, 2024 Page 344 of 1410 2905/031858-0001
18155996.1 a10/04/23 EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 77
Menifee Mayor and City Council April 3, 2024 Page 345 of 1410 2905/031858-0001
18155996.1 a10/04/23
EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 78
Menifee Mayor and City Council April 3, 2024 Page 346 of 1410 2905/031858-0001
18155996.1 a00/00/00
EXHIBIT A.

Item Title: 10.6
Agreement with Studio 2G Architects, LLP for the Cherry Hills Facility Improvements - Phase 1 Project Item Page Number: 79
Menifee Mayor and City Council April 3, 2024 Page 347 of 1410

CITY OF MENIFEE
SUBJECT: Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
MEETING DATE: April 3, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Utility Relocation Agreement, and any future amendments thereof, with Eastern Municipal Water District for reimbursement costs associated with the relocation of water facilities for the Romoland Grid Area – 3rd Street – Active Transportation Program (“ATP”) Project, located along 3rd Street, northeast of Highway 74, west of Antelope Road, and south of Watson Road.

DISCUSSION
The Romoland Grid Area – 3rd Street – ATP Project, Capital Improvement Program (“CIP”) No. 23-04 (“Project”), is located along 3rd Street, northeast of Highway 74, west of Antelope Road, and south of Watson Road. The Project improvements consist of removing, replacing and widening the existing roadway, installing curb and gutter, sidewalks, ADA-compliant pedestrian ramps, and residential driveway approaches within the Project limits. The Project length is approximately 1,900 linear feet and would improve approximately 111,000 square feet of roadway along 3rd Street.

On March 6, 2024, City Council awarded the construction contract to Granite Construction Company in an amount not-to-exceed $1,237,100. Construction activity is underway and Eastern Municipal Water District (“EMWD”) has identified existing water and sewer utilities that are in direct conflict with the Project. EMWD owns and maintains all water and sewer appurtenances in this area and is therefore responsible for the costs associated with the adjustment or relocation of these utilities. It is typical for the identified water and sewer utilities to be adjusted or relocated by the City’s contractor and reimbursed by EMWD upon completion of the Project. EMWD has identified two sewer manholes, four water valves, and eight water meters that would require adjusting to grade within the Project area, as well as relocation of one sewer clean out. Total Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 1
Menifee Mayor and City Council April 3, 2024 Page 348 of 1410 City of Menifee Staff Report
CIP 23-04 EMWD Relocation Agreement
April 3, 2024

Page 2 of 2 ends

relocation costs are estimated to be $50,600, as identified in the EMWD Utility Relocation Agreement.

As construction progresses, additional unidentified utility conflicts may be discovered. The actual total reimbursement cost would be determined upon completion of the work to account for any potential unidentified conflicts. In order to prevent delays to the Project closeout phase, staff is requesting that the City Council authorize the City Manager to approve potential amendments resulting from unforeseen utility conflicts discovered during construction activity, which would ultimately increase the total amount EMWD would reimburse the City. The Utility Relocation Agreement details the scope of the relocation efforts and mechanisms to reimburse the City for the work to relocate or adjust EWMD’s facilities.

City Council action is required for approval of the Utility Relocation Agreement with EMWD as the anticipated reimbursement amount exceeds the City Manager’s signing authority.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no additional fiscal impact associated with approval of the Utility Relocation Agreement with EMWD. Initial relocation costs have already been factored into the previously approved Contract Services Agreement with the Contractor. Upon completion of the Project, EMWD would reimburse the City for the relocation work performed by the Contractor.

ATTACHMENTS

1. Project Location Map

2. Utility Relocation Agreement
Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 2
Menifee Mayor and City Council April 3, 2024 Page 349 of 1410 215
Antelope Rd
Adams Ave
Washington Ave
2nd St
4th St
Monroe Ave
3rd St
Jefferson Ave
Watson Rd
74 PERRIS
215
Ethanac Rd
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Matthews Rd
McCall Blvd
Mapes Rd
Menifee Rd
M
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Project Site
0 0.03 0.06
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\RomolandGrid_3rdSt_ATP\RomolandGrid_3rdSt_ATP.aprx Date: 2/7/2024 Romoland Grid Area - 3rd Street - ATP (CIP 23-04)
Project Location Map
Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 3
Menifee Mayor and City Council April 3, 2024 Page 350 of 1410 UTILITY AGREEMENT – Eastern Municipal Water District Page 1 of 5

UTILITY RELOCATION AGREEMENT

BETWEEN THE CITY OF MENIFEE AND EASTERN MUNICIPAL WATER DISTRICT FOR THE CIP 23-04 ROMOLAND 3RD STREET IMPROVEMENTS

This Utility Relocation Agreement (“Agreement”) is entered into by and between City of Menifee (“CITY”) and Eastern Municipal Water District (“EMWD”) whose address is 2270 Trumble, Road Perris, CA 92570 on , 2024.

CITY proposes to improve existing Romoland 3rd Street Improvements Project (CIP No. 23-04). This project is located east of the 215 freeway and north of Highway 74. The major crossroads are Highway 74 and Antelope Road. The improvements will along 3rd street between Highway 74 and Antelope Road, in the community known as Romoland, all in the City of Menifee, California, hereinafter referred to as “PROJECT”. As part of this PROJECT, the existing street will be improved. EMWD owns, operates, and maintains 6” VCP sewer pipelines, 6” CML&W water pipelines & 6” steel water pipelines, located within PROJECT limits. The existing sewer manholes and water valve covers will need to be adjusted vertically.

Therefore, it is hereby mutually agreed between CITY and EMWD that:

I. WORK TO BE DONE
A. CITY shall prepare plans for vertical adjustment of sewer manholes and water valve covers.

B. CITY shall adjust manholes and water valve covers to proposed grade.

C. All work shall be performed substantially in accordance with EMWD’s water and sewer standards.

EMWD shall review and approve CITY’s plans prior to commencement of construction, and agrees to permit construction in the manner approved. After approval of the plans by EMWD, changes in the plans shall be for unforeseen conditions only unless both parties mutually agree otherwise.

D. Deviations from the work described above, initiated by either CITY or EMWD, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by CITY and agreed to/acknowledged by EMWD, will constitute an approved revision and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by EMWD of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the Revised Notice to Owner.

E. EMWD shall have the right to inspect the work by CITY’s contractor during the adjustment to grade of the manholes and water valve covers. Upon completion of work by CITY, EMWD agrees to accept ownership and maintenance of the relocated facilities.

F. EMWD shall provide inspections of adjustment to grade of the manholes and water valve covers work performed within the PROJECT.

G. EMWD shall be responsible for all communication between the CITY’s contractor performing the work and their inspector.

H. EMWD shall provide in writing any corrective work to the CITY’s contractor. No work on EMWD facilities will be allowed to be performed by the CITY’s contractor without an EMWD Inspector on site.

Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 4
Menifee Mayor and City Council April 3, 2024 Page 351 of 1410 UTILITY AGREEMENT – Eastern Municipal Water District Page 2 of 5 I. EMWD shall perform inspections in a timely manner to avoid project delays.

II. LIABILITY FOR WORK
A. Costs for relocation by CITY are to include, but are not limited to, all elements of planning, design, construction, inspection, and project closeout.

B. The adjustment of manholes and adjustment of water valve covers will be relocated at EMWD’s expense and shall include all EMWD staff, consultant, inspection, and contractor costs.

III. PERFORMANCE OF WORK
A. CITY will administer the PROJECT construction contract to adjust the manholes and water valves to grade on CIP 23-04 Romoland 3rd Street Improvement plans. CITY will provide construction management and inspection as well.

B. EMWD shall have access to all phases of the facilities being adjusted by the CITY, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the PROJECT construction contract, however, all questions regarding the work being performed by CITY will be directed to CITY’s Engineer for their evaluation and reply to the question. EMWD shall retain the right to make final decisions that impact their facilities.

C. Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, and inspection are to be furnished by CITY.

D. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by the CITY’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirement.

E. Work performed directly by EMWD’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages.

IV. PAYMENT FOR WORK
A. EMWD shall be solely responsible for costs associated with adjustment of manholes and water valves. In the event additional work becomes necessary to complete this work, EMWD shall bear full financial responsibility for all costs associated with the additional work.

B. As indicated under Section III, Performance of Work, EMWD will perform plan check and construction inspection activities of facilities. The actual costs incurred by EMWD in its performance of said work will be paid by EMWD.

C. It is understood and agreed that CITY will not pay for any betterment or increase in capacity of EMWD’s facilities in the new location.

D. Detailed records from which the billing is compiled shall be retained by CITY for a period of three years from the date of the final payment and will be available for audit by CITY and/or Federal Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 5
Menifee Mayor and City Council April 3, 2024 Page 352 of 1410 UTILITY AGREEMENT – Eastern Municipal Water District Page 3 of 5 auditors. EMWD agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., and 23 CFR, Chapter 1, Part 645.

E. As indicated under Section III, Performance of Work, CITY will: design, prepare plans, prepare specifications, oversee, and inspect all work. CITY shall perform the work at EMWD expense.

F. 90% of the reimbursements will be paid by EMWD to the CITY within the first 60 days after bids have opened.

V. GENERAL CONDITIONS
A. If CITY’s PROJECT which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work described herein, CITY will notify EMWD in writing and CITY reserves the right to terminate this Agreement by amendment. The amendment shall provide mutually acceptable terms and conditions for terminating this Agreement and reconciling outstanding costs/reimbursements due.

B. CITY shall prepare all documentation and obtain any and all environmental clearances as necessary for the relocated facilities, including but not limited to compliance with requirements imposed under the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA).

C. CITY represents and warrants that this Agreement is not subject to 23 CFR 635.410, the Buy America provisions.

D. EMWD and CITY each hereby agree to indemnify, defend, and hold harmless the other party and their respective directors, officials, officers, employees, and agents from and against any claims, actions, damages, and liabilities arising out of or in any manner connected with the activities governed by this Agreement due to any negligent acts, errors, or omissions or willful misconduct of the indemnifying party performed in connection with such party's duties and obligations hereunder.

E. The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the respective party hereto.

F. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.

G. This Agreement contains the entire agreement between the parties regarding the subject matter of this Agreement. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof each of the parties acknowledges that no person has made, any representation, warranty, guaranty, or promise except as set forth herein; and no such agreement, statement, representation, or promise that is not contained herein will be valid or binding on any of the parties.

H. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures.

I. Each of the parties has reviewed this Agreement and each has had the opportunity to have its Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 6
Menifee Mayor and City Council April 3, 2024 Page 353 of 1410 UTILITY AGREEMENT – Eastern Municipal Water District Page 4 of 5 respective counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words “person” and “party” include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

J. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.

VI. COST ESTIMATES AND WAIVERS
Please refer to Attachment A for quantities and reimbursement fees.

Reimbursement Agreement
Description EMWD CITY
Design
Adjust manholes and water
valves to grade.

CITY’s responsibility.

City’s cost to EMWD
Waived
Construction
Adjust manholes to grade Quantity = 2 EA CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Adjust water valve covers
to grade and paint blue or
purple.

Quantity = 4 EA CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Relocate Existing clean out Quantity = 1 EA CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Relocate Existing Water
meter.

Quantity = 8 EA CITY’s responsibility.

EMWD to reimburse CITY
for Construction
TOTAL REIMBURSEMENT $50,600.00
Agency Estimate Costs:

Description EMWD CITY
Design Review Adjust manholes and water
valves to grade.

EMWD’s responsibility
EMWD’s cost to City
Waived
Inspection Fees Adjust manholes and water
valves to grade.

EMWD’s responsibility
EMWD’s cost to City
Waived
TOTAL $ Waive** $ Waive**
**EMWD and City agree to waive all design reviews, encroachment permits, and inspection fees. **THE ACTUAL REIMBURSEMENT COST TO CITY BY EMWD FOR ITS SHARE OF THE ABOVEDESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK.

Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 7
Menifee Mayor and City Council April 3, 2024 Page 354 of 1410 UTILITY AGREEMENT – Eastern Municipal Water District Page 5 of 5 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.

CITY OF MENIFEE: EASTERN MUNICIPAL WATER DISTRICT:

By By
Name
Date
Name
Date
Title Title
ATTEST:

By By
Name
Date
Name
Date
Title Title
APPROVED AS TO FORM:

By
Name
Date
Title
Armando G. Villa
City Manager
Stephanie Roseen
Acting City Clerk
Jeffrey T. Melching
City Attorney
Item Title: 10.7
Agreement with Eastern Municipal Water District for Utility Relocation for the Romoland Grid Area – 3rd Street – Active Transportation Program Project
Item Page Number: 8
Menifee Mayor and City Council April 3, 2024 Page 355 of 1410

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with MC Electric for Construction Services for the Quail Valley Grid Area Streetlights Project MEETING DATE: April 3, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contractor Services Agreement with MC Electric to perform construction services for the Quail Valley Grid Area Streetlights, Capital Improvement Program Project No. 23-08, located south of San Jacinto Road, east of Mountain View Place, west of Williams Drive, and north of Sierra Drive, in an amount not-to-exceed $89,500.

DISCUSSION
The Quail Valley Grid Area Streetlights, Capital Improvement Program (“CIP”) Project No. 23-08 (“Project”), would install solar powered streetlights along the Quail Valley grid area, which would include various locations along residential streets located south of San Jacinto Road, east of Mountain View Place, west of Williams Drive, and north of Sierra Drive. The Project would serve as a pilot project for the City to implement solar streetlighting in various other neighborhoods. The initial portion of the Project would install 17 solar streetlights at strategic locations within the Project area to support the City’s Strategic Plan Goal objective of improving safety infrastructure and technology to enhance the sense of security and well-being for the City’s residents. The 17 locations were selected to complement existing streetlight corridors within the Project area and would illuminate mailbox clusters and poorly lit intersections which do not currently have existing or adequate streetlighting.

On August 2, 2023, City Council approved the purchase of solar LED streetlights through the OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. The equipment purchase was made in advance of construction services due to the extensive lead time required for the procurement of solar streetlight luminaires and poles. Staff indicated that a subsequent competitive bid for the installation of the solar streetlights would subsequently be administered.

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Contractor Services Agreement
On February 27, 2024, staff held an electronic bid opening following the administration of a formal competitive bid process for the Projects’ construction services. The bid opening resulted in the receipt of ten bid submissions with several bids coming in under the Engineer’s Estimate, as summarized in Table 1 below.

Table 1 – Bid Result Summary
Firm Name Total Base Bid
Amount
Lowest and
Responsible Bidder
Engineers Estimate $100,000.00
Optima Energy, Inc.* $77,369.07
Loamic Builders Inc.* $84,900.00
MC Electric $89,500.00 X
Leonida Builders, Inc. $91,000.00
TSR Construction and Inspection $94,400.00
Techsico Inc. $98,430.00
M. Brey Electric Inc. dba MBE Construction $100,879.09
Pramira, Inc. $104,903.20
Elecnor Belco Electric, Inc. $127,749.20
Servitek Electric Inc. $181,100.00
*Bids deemed nonresponsive.

Staff reviewed the two apparent lowest bids and determined that neither firm submitted the required hard copy bid bonds on or before the required date of the bid opening and were therefore deemed nonresponsive.

Staff reviewed the third lowest bid and determined that MC Electric met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with MC Electric is $89,500. Construction management and inspection services would be provided by City staff and ancillary services such as labor compliance services would be procured separately.

The total estimated Project cost is $207,869.59, which includes solar streetlights and equipment (previously purchased), construction, and ancillary services such as labor compliance and other unforeseen costs that may arise during construction, as outlined in Table 2 below.

Table 2 – Construction Cost Summary
Vendor Service Cost
Graybar Electric Company, Inc. Solar Streetlights & Equipment (previously purchased)
$104,419.59
MC Electric Construction Services (Installation) $89,500.00 TBD Ancillary Services $13,950.00
(estimated)
Estimated Construction Cost $207,869.59
Item Title: 10.8
Bid Award and Agreement with MC Electric for Construction Services for the Quail Valley Grid Area Streetlights Project Menifee Mayor and City Council April 3, 2024 Page 357 of 1410 City of Menifee Staff Report
CIP 23-08 MC Electric Construction Bid Award
April 3, 2024

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If approved by the City Council, the tentative Projects schedule would be as follows:

Construction Start: April 2024
Construction End: June 2024
City Council Acceptance: August 2024
The timeline above assumes no delays due to weather or unforeseen conditions.

Environmental Impact
The proposed project has been determined to be Categorically Exempt under the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, Section 15301, Existing Facilities.

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a project that would be exempt under this section: (c) [minor alterations to Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The project is for the minor alteration of an existing paved road and includes installation of streetlights for improvement of public safety, all within the existing City right-of-way (“ROW”). No additional automobile lanes will be created by the project. The proposed project is the minor alteration of an existing public facility (“City Street”) involving a negligible expansion of the existing use. The project is exempt per Section 15301.

The proposed project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no possibility that the activity in question would have a significant effect on the environment because the proposed project is occurring in an area that is heavily disturbed and is not environmentally sensitive.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The total anticipated fiscal impact for the construction services is $103,450, which includes the cost of the Contract Services Agreement with MC Electric for $89,500 and ancillary services such as labor compliance, estimated at $13,950. The solar streetlights and equipment needed to complete the Project were acquired under a separate Cooperative Purchase Contract with Graybar Electric Company, Inc., approved on August 2, 2023. Available funding for the total anticipated construction costs is located within the Project’s Fiscal Year 2023/2024 approved budget, as summarized in Table 3 below.

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Table 3 – FY 2023/2024 Existing Project Funding
Fund Account Number Available Budget Anticipated Cost
CSA 86 460-4555-58155 $143,721 $103,450
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. Contract Services Agreement
Item Title: 10.8
Bid Award and Agreement with MC Electric for Construction Services for the Quail Valley Grid Area Streetlights Project Menifee Mayor and City Council April 3, 2024 Page 359 of 1410 Quail Valley Grid Area Streetlights (CIP 23-08)
Project Location Map
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MAP LEGEND CITY OF MENIFEE
CIP23-08 Quail Valley Grid Solar Lighting
Key Map
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Item Title: 10.8
Bid Award and Agreement with MC Electric for Construction Services for the Quail Valley Grid Area Streetlights Project Menifee Mayor and City Council April 3, 2024 Page 361 of 1410 2905/031858-0001
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CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 23-08 QUAIL VALLEY GRID AREA STREETLIGHTS PROJECT
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 MC ELECTRIC, a 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 April 3, 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
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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
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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
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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.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Eighty Nine Thousand Five Hundred Dollars and Zero Cents ($89,500.00) 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 subcontractor 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.

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
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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.

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
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured 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 selfinsurance 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 selfinsurance 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
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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
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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: CIP 23- 08 Quail Valley Grid Area Streetlights Project. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of 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
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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
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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
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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.

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.

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
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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
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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
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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
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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
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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.

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
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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.

10.5 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.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Carlos Geronimo, Engineering Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. 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: Elvia Chavez, President
13619 12th St. Unit B
Chino, CA 91710
Any written notice to City shall be sent to the Contract Administrator at:

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

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
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
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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
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

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

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Elvia Chavez, President

Mario Chavez, VP

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.8
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19201719.4 a10/04/23

EXHIBIT A

SPECIAL REQUIREMENTS

INTENTIONALLY LEFT BLANK
Item Title: 10.8
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19201719.4 a10/04/23

EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 23-08 Quail Valley Grid Area Streetlights Project 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 Eighty Nine Thousand Five Hundred Dollars and Zero Cents ($89,500.00) 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: ___68_________.

Item Title: 10.8
Bid Award and Agreement with MC Electric for Construction Services for the Quail Valley Grid Area Streetlights Project Menifee Mayor and City Council April 3, 2024 Page 394 of 1410

CITY OF MENIFEE
SUBJECT: Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project
MEETING DATE: April 3, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Contract Change Order No. 1 with Act 1 Construction, Inc. for construction services on the New Quail Valley Fire Station No. 5 project, located on Goetz Road near Vista Way, in the amount of $66,384.39, increasing the total contract value to an amount not-to-exceed $8,693,180.96.

DISCUSSION
The New Quail Valley Fire Station No. 5, Capital Improvement Program (“CIP”) Project No. CIP 21-04 (“Project”) is an approximately 9,000 sq. ft. facility located on Goetz Road near Vista Way.

The new fire station would replace the existing Quail Valley Fire Station No. 5, currently located at the intersection of Goetz Road and Avenida Robles. The new station would provide a modernized facility to sustain necessary fire services while supporting additional staff and the area’s growing fire response needs.

On October 19, 2022, the City Council approved a construction budget of $9,540,636 and awarded the construction services contract to Act 1 Construction, Inc. (“Contractor”) in the amount of $8,626,796.57. Construction work for the Project began in January 2023 and is ongoing.

Although staff makes every effort to carefully study and anticipate the extent of the scope of work required to achieve Project goals, unforeseen needs are often encountered as a project progresses. Unknown site conditions and utility conflicts were discovered during construction activities, resulting in additional work outside of the original scope as follows:

1. Relocation of apparatus bay trench drain: The approved drawings showed a pattern of three continuous trench drains in the apparatus bay which conflicted with the sloping pattern of the floor bay. This conflict necessitated review and re-arrangement of the floor trench drains which resulted in the installation of nine separate trench drains. The Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 1
Menifee Mayor and City Council April 3, 2024 Page 395 of 1410 City of Menifee Staff Report
CIP 21-04 CCO No. 1
April 3, 2024

Page 2 of 3 ends

additional cost for this task is related to extra work required to establish lines and grades to slope the floor toward the revised trench drains and relocation of drain pipes.

2. Additional trenching efforts per Eastern Municipal Water District (“EMWD”) requirements:

EMWD inspector required the contractor to trench and expose twenty feet in either direction of the existing water main point of connection to verify the appropriate restraints were provided for the water mainline. The additional cost included trenching, backfilling, patching of asphalt, and additional traffic control.

3. Water main point of connection: During excavation to install the water lateral for the building, an existing sewer force main near the point of connection was discovered which presented a conflict. The conflict resulted in additional work to realign the water line over the sewer force main. The work required additional materials including 45° bends and labor.

4. Additional Frontier conduits: The additional work included trenching approximately 415 linear feet to install conduits related to Frontier utilities to provide communication to the facility.

These additional activities require the approval of Contract Change Order No. 1, increasing the total not-to-exceed value of the Contractor’s contract as outlined in Table 1 below.

Table 1 - Contract Activity History:

Contract Activity Approval Date Summary of Changes Value Original Contract October 19, 2022 Construction services $8,626,796.57 Contract Change
Order No. 1 Pending
Additional utility work
including trenching for EMWD
& Frontier conduit $66,384.39
TOTAL $8,693,180.96
Pursuant to Menifee Municipal Code §3.12.090, any change orders in the amount greater than 10% of the contract amount or that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
The fiscal impact of the proposed amendment is $66,384.39. The funding required to support the proposed amendment is available in the adopted project budget, as summarized in Table 2 below.

Table 2 - Existing Project Funding
Fund Project Account No. Available Budget CCO No. 1
Quality of Life New Quail Valley Fire
Station No. 5
105-4555-58102 $654,183.80 $66,384.39
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 2
Menifee Mayor and City Council April 3, 2024 Page 396 of 1410 City of Menifee Staff Report
CIP 21-04 CCO No. 1
April 3, 2024

Page 3 of 3 ends

No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. Contract Change Order No. 1
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 3
Menifee Mayor and City Council April 3, 2024 Page 397 of 1410 Vista Way
Western Star Dr Kerrigan Dr
Goetz Rd

CANYON LAKE
Goetz Rd
Newport Rd
Railroad Canyon Rd
Project Site
0 0.01 0.02
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FireStation5_ProjectSite\FireStation5_ProjectSite.aprx Date: 11/23/2021 Fire Station No. 5 (CIP 21-04)
Project Location Map
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 4
Menifee Mayor and City Council April 3, 2024 Page 398 of 1410

Page 1 of 2 ends

P.O. #: 006219.00
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:

ITEM U/M QUANTITY % CHANGE UNIT PRICE TOTAL
PCO No. 02 LS 1 0.12% EA $ 10,375.32
PCO No. 06 LS 1 0.08% EA $ 6,489.76
PCO No. 07 LS 1 0.06% EA $ 4,940.16
PCO No. 14 LS 1 0.52% EA $ 44,579.15
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $66,384.39 JUSTIFICATION:

PROJECT NAME:

PROJECT NO:

CONTRACTOR:

Add Trenching Per EMWD
Add Street POC Material & Labor
Add Frontier Conduit
Menifee Fire Station #5
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project. Work items shall include labor, materials, necessary for the performance and completion of the additional work. Equipment, traffic control, and incidentals.

DATE: 12/20/2023
Act 1 Construction
This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

DESCRIPTION
Relocate Trench Drains
CHANGE ORDER No. 01
Cost is related to the extra layout and sloping of concrete for rearranged trench drains in the App Bay.

PCO No. 02 - Relocate Trench Drains*:

PCO No. 06 - Add Trenching Per EMWD*:

Costs are due to changes made by EMWD to EMWD plan details B-663, B-993, B-271 and B-271A during the construction process.

PCO No. 07 - Add Street PCO Material & Labor*:

CIP 21-04
*PCO documents and applicable back-up documentation has been attached for your reference.

Costs due to conflict between planed location of new watermain tie-in to PCO and location of existing sewer force main requiring required additional materials including 45° bends, and labor.

PCO No. 14 - Add Frontier Conduit*:

Costs are due to Frontier's conduit installation drawing submitted during construction and not a part of the original bid document.

T:\Shared\West\Projects\W368-002.01 Menifee Quail Valley Fire Station\CIP 21-04 Quail Valley Fire Station\49. Change Orders\CCOs\CCO No. 01\CCO No. 01 Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 5
Menifee Mayor and City Council April 3, 2024 Page 399 of 1410

Page 2 of 2 ends

CCO # Amount % Additional Time Date Approved
$ 10,375.32 0.12% 0 7/19/2023
$ 6,489.76 0.08% 0 12/18/2023
$ 4,940.16 0.06% 0 12/20/2023
$ 44,579.15 0.52% 0 12/8/2023
Totals $ 66,384.39 0.78% 0
December 12, 2023
October 30, 2023
0 October 30, 2023
AUTHORIZATION BY CITY:

Recommended for approval by:
____________________________________ Date: __________
CM Name and Tile Carlos E. Geronimo (City Project Manager) Approved by:

Date: __________ ____________________________________ Date: __________ Nick Fidler (PW Director/City Engineer) Armando Villa (City Manager) ACCEPTANCE BY CONTRACTOR:

Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Description
Revised Contract Amount:
$ -
$ 66,384.39
$ 8,693,180.96
Add Trenching Per EMWD
Add Street POC Material & Labor
$ 8,626,796.57
Previous Change Order Amounts:
________________________________________
Revised Completion Date:

Original Contract Amount:
_____________________Date: _____________
Current Change Order Amount:

Add Frontier Conduit

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

Date Started:

Original Completion Date:

Additional Time (Working Days)
1 Relocate Trench Drains
T:\Shared\West\Projects\W368-002.01 Menifee Quail Valley Fire Station\CIP 21-04 Quail Valley Fire Station\49. Change Orders\CCOs\CCO No. 01\CCO No. 01 Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 6
Menifee Mayor and City Council April 3, 2024 Page 400 of 1410 DocuSign Envelope lD : 67BBAF 67 -9D2D-4273-B664-0B5E42CDC 1 88 Work Order (WO) Proposal
Work Description
Cost related to extra layout and sloping of concrete fur reananged trench drains in app bay. Excludes any work or item not listed Cost Items
flff
CTP 2L-04
Quail Valley New Fire Station #5
29745 Goetz Rd
City, State, Zip Menifee, CA 92584
U.S
Project #
Title
Address
Information
Drawing
Spec.

Location
Otfier

02.L
Type
PCO #
Date
Change Order
Trench drains
Work Order Information
City, State, Zip
Country
Phone
Fax
Norco, CA 92860
United States
95L-735-1184
95L-737-5342
Contact
Company
Address
Act 1 Construction Inc.
44 6th St
Issued By
Colin Mcnee
Answer/City of Menifee
29844 Haun Road
City, State, Zip
Country
Phone
Fax
Contact
Company
Address
Menifee, CA 92586
U.S
Issued To
Item No, Item Unit Unit Price Total
1 Per Break Down 1 LS $10.375.32 $10.375.32
2 3
Subtotal = $LO,375.32
The wod< covered by this order strall be performed under the same Terms and Conditions as that induded in the original contract unless staEd drerwise above.

Submitted By:

ACT 1 Construction
Response: {o*"r,
Anser Advisory
E oo Not Accept
Company
Alex Witham
Company
7l3L/2023 Foru*oru
By Date BY{ ru

Page 7 of 7 ends

Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 7
Menifee Mayor and City Council April 3, 2024 Page 401 of 1410 DocuSi g n E nvelope I D : 67 B BA F 67 -gD2D- 427 3-8664-0 B5E42C DC 1 88 M (G*SAFH.Y.,.VItd TOUt *d1,ntelrdr**tn9Pl@ry,
444 Sixth St. Norco CA 92860 * 951-735-7784 csLB# 657577, A, B, C-8, C-1.2, C-29 r uest
JOB NAME: Quail Valley New Fire Station No. 5 JOB #: clP 21-04 I.ABOR MA I E,RIAL E.QUIPMI ! KENIAL OTHER EXP
UNIT
COST
TOTAL
COST
UNIT
COST
TOTAL
COST
UNIT
COST
TOTAL
COST

PRIME CONTRACTOR

LINE ITEM

U QTY UNIT
COST
TOTAL
COST
aorer (formworUsloping condition and s 521.52 I layot
aorer (formworUsloping condition and layor $ 521.52 )
aorer (formworUsloping condition and s 521.52 $ I layor s 521.52 s I
s 552.8A I
s 552.84 s I
$ I
$ s t
D $ I
I
$ I
$ I
$ $
$ ) l
s )
) I
g s
, $ I
) ) I
aorer (furmworUsloping condition and layot
Concrete Finisher
Concrete Finisher
HR
HR
HR
HR
HR
HR

65.19 a5.$

65.19 65.19

69.10 69.10
$
IUIAL $ 3,191.66 TOTAL IOTAL $ IOIAL $

COMBINED TOTALS

U QTY COST AS
%
AS
$

SUBCONTRACTOR TOTALS

LINE ITEM
)
)
)
Per Subcontractors Breakdown LS 1 $ 5,175.81
)

COMBINED TOTAL

GENERAL CONTRACTORS COSTS
DESCRIPTION SUBTOTAL AS% AS$ IUIAL

MATERIAL

RENTAL EQUIPMENT

OTHER EXPENDITURES

DESCRIPTION SUBTOTAL PRIM E CONTRACTOR MARKUP
A5% A!;U
TOTAL
u.u.uuiilt,fiII $ 4,117.27 20o/o $ 823.45
$ 15o/o $
SUB CONTRAC' $ 5.175.81 5o/o s 2ffi.79 5.434.60
$ $
BONDING s
r
$ 4,117.27
$ 1A 375.32
713112023---2:05 PM
$ $
$
$
s
$ $
$
s
$
$
$ $ $
s $
s $
s $
s
s $
s s
s $
s
$
)P
s
$
$ 5,175.81
1t
2)
3)
4)

29.[X) 5 925.59

8.7So/a s

8.7504 s

0.00o/o $

SUMMARY OF PROFIT AND OVERHEAT'

G C COSTS (ITE
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 8
Menifee Mayor and City Council April 3, 2024 Page 402 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Proposed Change Order
Contractor Weber's Plumbilg.Ilg
Description of Change: Move trench drains pipes in App bay per RFI Add
Date
COR No.

Revised
612912023
2 Deduct
Subcontractor
15% Mark up
S ubcontractor S ubtotal
Material
15% Mark up
Material Subtotal
T&M Work
15% Mark up
Equipment Subtotal
Labor
15% Mark up
Labor Subtotal
Subtotal
Bond Premium
Total
$ s
$ s
$
s
$ $
$ $
s $
$
s s
s $
$ $
s $
s $
l,l 55.84
l 73.3 8
1,329.22
s
4,391.76
s 658.7 6
5,050.5 2
6,379.7 4
6,379.7 4
Total Cost $ 6,379.7 4
Menifee Fire Station #5
$
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 9
Menifee Mayor and City Council April 3, 2024 Page 403 of 1410 DocuSign Envelope lD : 67BBAF67 -9D2D-4273-8664-0B5E42CDC 1 88 Project: Menifee Fire Station #5
Subcontractor: Weber's Plumbing, lnc
Lic# 444338
Description of Change:

Cost Proposal
Date
WP CO
RFI#
Revised Date
6t29t2023
2 Description QTY UNIT Lab Mat T&M Sub Labor Mat+Tax T&M Sub Total Labor: $ $ $ $ $
Plumber Labor - trenching by hand B HR $ 101 .36 $ 810.88 $ $ $ $ 810.88 Sth Year Apprentice - trenching by hand 8 HR $ 81 .63 $ 653.04 $ $ $ $ 653.04 Plumber Labor - plping 8 HR $ 101 .36 $ 810.88 $ $ $ $ 810.88 Sth year Apprentice - pipinq I HR $ 81 .63 $ 653.04 $ $ $ $ 653.04 Plumbinq Labor - backfilling 4 HR $ 101 .36 $ 405.44 $ $ $ $ 405.44 5th Year Apprentice - backfilling 4 HR $ 81 .63 $ 326.52 $ $ s $ 326.52 Plumbing Labor - testinq 4 HR $ 101 .36 $ 405.44 $ $ $ $ 405.44 Sth Year Apprentice - testinq 4 HR $ 81 .63 $ 326.52 $ $ s $ 326.s2 Material: $ s $ $ $
See attached Quote 1 EA $ 1 .155.84 $ $ 1 ,155.84 $ $ $ 1 ,1 55.94 $ $ $ $ $
$ $ $ $ $
$ $ $ $ $
$ $ $ $ $
$ $ $ $ $
$ $ $ $ $
$ $ $ $ $
$ $ $ $ $
$ $ $ $ $
$ 4,391.76 s 1 ,155.84 $ s $ 5,547.60
$ $ $ $ s
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 10
Menifee Mayor and City Council April 3, 2024 Page 404 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 )c #16
tate
Total
Time: (Regular, Overtime)

OVERTIM
F
5th Year r Year 3rd Year nd Year 1st Year umber Jl ctn Year 4tn Year 3rd Year znd Year 1st Year oreman Hounv tsase Rate
Base waqe F(ate 40.46 35.41 30.35 25.25 22.76 75.87 60.59 53.12 4C.C3 37.UU 34.14 87, vacauon or v&Fl 2.95 2.65 2.36 z.06 1.76 4.88 4.43 3.98 3.54 3.09 2.64 5.64 ues Deducted t1 (1.74 I1./t (1./i t1.z5t 1.t5 11.7 11.7 11.70 11.7 (1.70) 11.2U 11.ts UA ORG Fee Deducted -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 -0.1 aqe 41.56 36.21 30.86 25.46 23.17 79.05 o3.42 cc.39 4t.3t 39.2t 35.58 91.20 Payroll laxes
;lCA (Medicare) 3.12 z.Iz 2.31 1.91 1.14 5.93 4.76 4.15 3.55 2.94 2.6t 0.64 z.cu z.zc 1.91 1.CU 1.44 3.t2 4.90 3.93 3.43 2.94 2.43 2.21 5.65 Jl or SUTA (State Unemolovment lnsurance) 2.58 't.91 1.CU 1.44 3.tz 4.90 3.93 3.43 2.94 2.43 z.z1 c.55 ocial Securitv 3.12 2.72 2.3',|, 1.9',| 1.14 4.51 5.93 4.76 4.15 3.55 2.94 z.b I 6.U4 v lnsurance o.42 0.36 0.31 U.Z3 u.no o.79 0.63 0.55 o.47 0.39 u.50 u.91 State Unemployment Training 0.37404 0.32589 0.27774 0.22914 0.20853 0.54072 0.711405 0.570735 0.49851 0.426285 0.353385 032022 0.820755 rolt I axes 12.16 10.51 9.04 1.46 6.79 23.16 18.58 't ti.z3 13.UU 1 1.50 10.42 26.72 ;rinoe Benefits

9.05 9.06 9.06 9.5U T'.UU 9.06 8.91 8.91 E.91 8.91 u.9'l U.UU u.91 renston 5.94 6.57 6.24 0.00 u.uu 9.U5 9.50 6.59 6.22 5.89 0.00 u.uu 9.CO Natronal Penston 0.90 0.90 0.90 0.38 U.JU 3.UU 3.OO 0.90 0.90 0.90 0.38 0.38 lt.uu JA Iralnrno 0.10 0.10 0.10 0.10 0.10 U.1U o.10 0.10 0.10 0.10 0.10 0.10 u.'tu REt. XMAS 0.75 0.69 0.64 0.00 0.00 u. /c 0.70 0.64 0.59 0.75 AalJ lratntnq 1.89 1.86 1.81 1.80 1.73 2.41) 1.t4 1.t1 1.65 1.55 1.5E 2.40 Prpe 0.64 0.64 0.64 0.64 0.58 0.65 0.c9 o.c9 o.59 0.59 0.55 0.55 -MCC 0.3c 0.3b 0.35 o.35 0.35 0.35 0.35 0.35 o.35 0.35 0.35 0.35 Oontr. Education Dev. 0.34 0.34 34 034 0.34 0.34 0.33 0.33 0.33 0.33 0.33 0 33 0.33 l clt
Fring
-o
Benef
ts 20.97 20.51 53.7 4 13.19 3.48 26.75 25.99 20.21 19.75 19.31 12.31 3-29 25.99 fUork
ar's
ltrrnn 2.07 1.80 1.53 2.99 3.93 3.15 2.75 2.35 1.95 1_77 4.53 ;omp 2.53 2.31
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 11
Menifee Mayor and City Council April 3, 2024 Page 405 of 1410 DocuSign Envelope lD : 67BBAF67-9D2D-4273-B664-08 5E42CDC 1 88 Benefits
Total
Effective Dates: September 1,2021to August 31,2022
Time: (Regular, Overtime)

REGULAR PAY OVERTIME
Plumber
!mrrmn
5th Year 4th Year 3rd Year 2nd Year 1st Year Foreman )lumber 5th Year 4th Year 3rd Year 2nd Year lst Year Foreman Base Waqe Rate 51.88 41.50 36.32 31.13 25.94 23.35 59.66 77.82 62.25 54.48 46.70 38.91 35.03 89.49

3.30 3.00 2.70 2.41 2.11 1.81 3.61 4.95 4.50 4.05 3.62 3.17 2.72 5.42 DC #16 Dues Deducted (1.75) (1.751 (1.75t (1.751 (1.75) 11.251 (1.75) (1.70t (1.70) 11.701 (1.70t t1.701 11.201 (1.701 UA ORG Fee Deducted (0.10) (0.10) (0.10) (0.10) (0.101 (0.101 (0.10) (0.10) (0.10) (0.10) (0.10) (0.10) (0.10)

55.18 44.50 39.02 33.54 2E.05 25.16 63.27 82.77 66.75 58.53 50.31 42.O8 37.74 94.91 FICA (Medicare) 4.14 3.34 2.93 2.52 2.10 1.89 4.75 6.21 5.01 4.39 3.77 3.16 2.83 7.12 FUI or FUTA (Unemolovment lnsurance) 3.42 2_76 2.42 2.08 1.74 1.56 3.92 5.13 4.14 3.63 3.12 2.61 2.34 5.88 SUI or SUTA (State Unemployment lnsurance) 3.42 2.76 2.42 2.08 1.74 1.56 3.92 5.f 3 4.14 3.63 3.12 2.61 2.34 5.88 Social Security 4.14 3.34 2.93 2.52 2.10 1.89 4.75 6.21 5.01 4.39 3.77 3.16 2.83 7.12 State Disabiitv lnsurance 0.61 0.45 0,39 0.34 0.28 0.25 0.63 0.83 0.67 0.59 0.50 0.42 0.38 0.95 State Unemployment Trainino 0.06 0.40 0.35 0.30 o.25 0.23 0.57 0.74 0.60 0.53 0.45 0.38 0.34 0.85

15.78 13.04 11.43 9.83 8.22 7.37 18.54 24.25 19.56 17.15 '14.74 12.33 11.06 27.81

9.26 9.26 9.26 9.26 9.76 0.00 9.26 9.26 9.26 9.26 9.26 9.76 0.00 9.26 Pension 10.35 7.44 7.O7 6.74 0.00 0.00 10.35 10.35 7.tM 7.O7 6.71 0.00 0.00 10.35 National Pension 3.00 0.90 0.90 0.90 0.38 0.38 3.00 3.00 0.90 0.90 0.90 0.38 0.38 3.00 UA Trainino 0.'t0 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 Ret. XMAS 0.85 0.80 0.74 0.69 0.00 0.00 0.85 0.85 0.80 o.74 0.69 0.00 0.00 0.85 A&J Traininq 2.70 2.O4 2.01 1.96 1.95 1.88 2.70 2.70 2.04 2.O1 1.96 1.95 1.88 2.70 Pioe 0.70 0.64 0.64 0.64 0.64 0.58 0.70 0.70 0.64 0.64 0.64 0.64 0.58 0.70 LMCC 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Oontr. Education Dev 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 35.00 0.35

27.66 21.88 21.42 20.99 13.53 3.64 27.66 27.66 21.88 21.42 20.99 13.53 38.29 27.66 vvorKers
3omp 2.74 2.21 1.94 1.67 3.14 4.11 3.32 2.91 2.50 2.09 1.88 4.72 workers

2.79 2.50
fotal Labor Cost Per Hour 101.36 81.63 73.81 66.02 52.59 38.68 112.61 138.80' 111.51 100.01 88.54 70.02 88.96 155.09 Base Waoe
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 12
Menifee Mayor and City Council April 3, 2024 Page 406 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Office Weber's Plumblinq
From:

Sent:

To:

Subject:
sheri. I a m b @ferg u son.com
Thursday, Jun e 29,2023 8:42 AM
Sheri. La mb@ Ferg uson.com
Email Bid# 8589033
Price Quotation # 8589033
FERGUSON ENTERPRISES, LLC #603
2750 SOUTH TOWNE AVENUE
POMONA, CA 9L766
Phone : 909-517-3085
Fax : 909-513 -1607
Bid No..,....: 8589033
Bid Dat€...! 06129123
Quoted By: SHL
Customer.: WEBERS PLUMBING
PO BOX 549

QUAIL VALLEY FIRE STATION
wr NcH ESTE R, CA 92596-0549
Cust PO#..:

Item
PDWVCM
PDWV4M
PDWV9M

PFPAPME
Item Code
Cust Phone: 95L-926-5452
T9rms.........: NET 10TH PROX
Ship To.......r WEBERS PLUMBING
29745 GOETZ RD
qUAL VALLEY FIRE STATION
MENIFEE, CA 92587
Job Name.: QUAIL VALLEY FIRE STATION
Su btota l:
lnbound Freight:

Tax:

Order Total:

S rooz.ss
So.oo
Sgg.or
S r rss.g+
Description Quantity Net Price UM Total
3X2O PVC S4O FOAM CORE PIPE 60 410.200 C 246.12
r l0l l9 l QT PVC HD GRAY CMNT 7l l I 52.220 EA 52.22
rr0225 I PT PVC PURP PRMR P7O I 28.650 EA 28.6s
3 PVC DWV P TRAP 9 33.500 EA 301 .50
3 PVC DWV COUP 9 5.180 EA 46.62
3 PVC DWV 45 ELL 5 9.270 EA 46.35
3 PVC DWV 90 E,LL 4 r 0.530 EA 42.12
3 PVC TP ADPT W/ 5/8 COMP ADPT 9 33.250 EA 299.25
Description Notice
3X2O PVC S4O FOAM CORE PIPE t WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov 3 PVC DWV P TRAP t WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov 3 PVC DWV COUP t WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov 3 PVC DWV 45 ELL t WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov 3 PVC DWV 90 ELL t WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov 1 PDWVCM
P4OFCPM2O

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Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 13
Menifee Mayor and City Council April 3, 2024 Page 407 of 1410 -
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Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 14
Menifee Mayor and City Council April 3, 2024 Page 408 of 1410 m
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Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 15
Menifee Mayor and City Council April 3, 2024 Page 409 of 1410 I
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Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 16
Menifee Mayor and City Council April 3, 2024 Page 410 of 1410 tub

MENIFEE
New. Better. Best.

City of Menifee

NEW QUAIL VALLEY
FIRE STATION #5
297a5 Goe Rd
I.nf.. CA 9?97
CAN\OTOESIGN 797 J Slr.d
S.n oEgo. CA 92101
P 619.398.0215
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S.n DEgo. CA e2103
PLAI{ REVIEW SUEillTTAI. PC.2
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OESIG'{ OEVELOPT'ENT
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23 NOV 2021
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Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 17
Menifee Mayor and City Council April 3, 2024 Page 411 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Work Order (WO) Proposal
Work Description
Cost to trench 20' North and 20' South (40' total) at our new POC in street to veriff existing 18" line has restraints per EM\A/D inspectors Direction. Trench, backfill and temp patch with traffic control. Specific work not shown or called out on plans.

Cost Items
m
CIP 2L-O4
Menifee Fire Station #5
29745 Goetz RD
Menifee, CA 92587
U.S
Project #
Title
Address
CiW, State, Zip
Country
Project Information
Drawing
Spec.

Location
Other
PCO # 06
Date
Type
Subject
Change Order
Added Prenchinq
Work Order Information
City, State, Zip
Country
Phone
Fax
Norco, CA 92860
United States
95t-735- 1184
95L-737-5342
Contact
Company
Address
Act 1 Construction Inc.
44 6th St
Issued By
Colin Mcnie
Answer/City of Menifee
29844 Haun Rd.

City, State, Zip
Country
Phone
Fax
Menifee, CA 92587
U.S
Contact
Company
Address
Issued To
Item No. Item Description QuantiW Unit Unit Price Total 1 1
2 3
Per subcontractons'
1 72 72
Subtota; = 96,499.76
The work covered by this order shall be performed under the same Terms and Conditions as that included in the original contract unless stated otherwise above.

Response:

Anser Advisory
Submitted By: Nf,,*.o, EI oo Not Accept
ACT 1 Construction
Company
Alex Witham LL.6.2023
Company
ru rlra/rcu
By Date w-7 w ----7--" Date

Page 7 of 7 ends

Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 18
Menifee Mayor and City Council April 3, 2024 Page 412 of 1410 DocuSign Envelope lD: 67BBAF67 -9D2D-4273-8664-0B5E42CDC 1 88 Proposed Change Order
Contractor Weber's Plumbing, lnc
Description of Change: Sawcutting and trenching in the street 40' strip Add
Date
COR No.

Revised
r013012023
Deduct
$
s 6,180.72
Subcontractor
15% Mark up
S ubcontractor Subtotal
Material
15% Mark up
Material Subtotal
T&M Work
l5o/o Mark up
Equipment Subtotal
Labor
15% Mark up
Labor Subtotal
Subtotal
Bond Premium 0.00
Total
$ s
$ $
$ s
s $
$ $
$ $
s $
$ $
$ $
$ $
$
$ $
7s 0.00
s I I 2.50
862.s0
552.22

82.83 63 5.05
$
4,072.32
$ 6 10.85
4,683.17
6,,180.72
6,180.72
Total Cost
Quail Valley Fire Station
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 19
Menifee Mayor and City Council April 3, 2024 Page 413 of 1410 DocuSign Envelope lD : 67BBAF67-9D2D-4273-8664-08 5E42CDC 1 88 Project:

Subcontractor: Weber's Plumbing, lnc
Lic# 444338
Cost Proposal
Date
wP co
RFI#
Revised
Date
Description of Change: To trench back 20' noilh and south (40' total) as our new POC in street to verify existing 18" line has restraintr per EMWD inspectots direction Trench, backfill and temp patch with traffic control (not shown or called out on plans) Desc ription QTY UNIT
Unit Cor
Lab Mat T&M Sub Labor Mat+Tax T&M Sub Total
Labor: $ $ $ s $
Plumber Labor 8 HR $ 1 1 1.65 $ 893.20 $ $ $ $ 893 20
5th Year Apprentice/ Flagqers x 2 quys 16 HR $ 9056 $ 1,448.96 $ $ $ s 1.448.96 Backhoe 8 HR $ 125 00 $ 1.000.00 s $ $ $ 1,000.00
Operator 8 HR $ 91 27 $ 730 16 $ $ $ $ 730.16
$ $ $ $ $
Other costs $ $ $ $ $
Sawcuttinq approx. 84' feet 1 EA $ 750 00 $ $ $ $ 750.00 $ 750 00 Cold patch 35 EA $ 750 $ $ 282.84 $ $ $ 282.84
Traffic control, safety, delinators & siqns 1 EA s 250.00 $ $ 269 38 $ $ $ 269.38 EA $ $ $ $ $
EA $ $ $ $ $
FT $ $ $ $ $
FT $ $ $ $ $
EA $ $ $ $ $
EA $ $ $ $ $
EA $ $ $ s $
s 4,91:z.32 s 55?,.22 $ $ 750.00 U c.J/4.C4
$ $ $ $ $
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 20
Menifee Mayor and City Council April 3, 2024 Page 414 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Total
Total
st Year Year Year Year

2.21 1.94 1.67 3.14 4.11
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 21
Menifee Mayor and City Council April 3, 2024 Page 415 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Iaxes
Benefits
Total Benefits
Worksheet:

Weber's Plumbing
Effective Dates: September 1, 2O23 to August 3'1, 2024
fime: (Regular, Overtime)

REGULAR PAY OVERTIME
Plumber
lmrrmn
5th Year 4th Year 3rd Year 2nd Year lst Year Foreman rlumber 5th Year 4th Year 3rd Year 2nd Year lst Year Foreman Base Waqe Rate 53.78 43,02 37.65 32.27 26.89 24.20 61.85 80 67 64.53 56.48 48.41 40.34 36.30 92.78 Vacation or V&H 3.40 3.10 2.80 2.51 2.21 1.91 3.71 5.10 4.65 4.20 3.77 3.32 2.87 5.57 DC #16 Dues Deducted (1.75) (1.751 (1.75) (1.75t t1.751 11.251 (1.7st (1.70) (1.70) (1.70) (1.70) (1.70t (1.201 (1.701 UA ORG Fee Deducted (0.10) (0.10) (0.10) (0.10t (0.10) (0.10) (0.10) (0.101 (0.10) (0.101 (0.10) (0.101 (0.10)

57.18 46.12 40_45 34.78 29.10 26.11 65.56 85.77 69.18 60.68 52.17 43.65 39.17 98.34 FICA (Medicare) E.75 7.06 6.19 5.32 4.45 3-99 10.03 13.12 't0.58 9.28 7.98 6.68 5.99 15.05

3.s5 2.86 2.51 2.16 1.80 1.62 4.06 5.32 4.29 3-76 3.23 2.71 2.43 6.10 SUI or SUTA (State Unemolovment lnsurance) 3.55 2.86 2.51 2.16 1.80 1.62 4.06 5.32 4.29 3.76 3.23 2.71 2.43 6.10 SocialSecurity 7.09 5.72 5.02 4.31 3.61 3.24 8.13 10.64 8.58 7.52 6.47 5.41 4.86 12.19 State Disabiity lnsurance 0.63 0.46 0.40 0.35 0.29 0.26 0.65 0.86 0.69 0.61 0.52 o.M 0.39 0.98

0.06 o.42 0_36 0.31 o26 o.23 0.59 o.77 0.62 0.55 o.47 0.39 0.35 0.89

23.62 19.37 16.99 14.61 12.22 10.97 27.54 36.02 29.06 2s.48 21.91 18.33 16.45 41.30 lealth and Welfare 9.26 9.26 9.26 9.26 9.76 0.00 9.26 9.26 9.26 9.26 9.26 9.76 0.00 9.26 )ension 10.45 7.54 7.17 6.84 0.00 0.00 10.45 10.35 7.M 7.O7 6.74 0.00 0.00 10.35 \ational Pension 3.00 0.90 0.90 0.90 0.38 0.38 3.00 3.00 0.90 0.90 0.90 0.38 0.38 3.00 JA Training 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 o_10 Ret. XMAS 0.85 0.80 o.74 0.69 0.00 0.00 0.85 0.85 0.80 0.74 0.69 0.00 0.00 0.85 \&J Trainrnq 2.E5 2.19 2.16 2.11 2.10 2.03 2.85 2.70 2.O4 2.O1 1.96 1.95 1.88 2.70 )ioe 0.80 o.7A 0.74 0.74 0.74 0.68 0.80 0.70 0.64 0.64 0.64 0.64 0.58 0.70 -MCC 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 lontr. Education Dev. 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 35.00 0.35 2E.01 22.23 21.77 21.34 13.78 3.89 28.O1 27.66 21.88 21.42 20.99 13.53 38.29 27.66 /vorKer s
Somp 2.84 2.84 2.84 2.84 2.84 4.26 3.44 3.02 2.59 2.17 1.95 4.89 ryorkers

4.65 4.55
Iotal Labor Cost Per Hour 111.65 90.56 82.05 73.57 59.75 45.62 123.95 153.72 123.55 110.59 97.66 77.68 95.85 172.19 :Ul or FUTA (Unemplovment lnsurance)
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 22
Menifee Mayor and City Council April 3, 2024 Page 416 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Hcr Work Order (WO) Proposal
crP 21-04
Menifee Fire Station #5
29745 Goetz RD
Menifee, CA 92587
U.S
Project #
Title
Address
CiW, State, Zip
Country
Project Information
Drawing
Spec.

Location
Other
PCO # 07
Date
Type
Subject
Change Order
Added Prenching
Work Order Information
City, State, Zip
Country
Phone
Fax
Norco, CA 92860
United States
95L-735-1184
95L-737-5342
Contact
Company
Address
Act 1 Construction Inc.
44 6th St
Issued By
Colin Mcnie
Answer/City of
Menifee2984 Huan Rd.

City, State, Zip
Country
Phone
Fax
Contact
Company
Address
Temecula, CA 92590
U.S
Issued To
Work Description
Cost to of6et ofbet over the forced main at POC for fire water connection per subconhactor desoiption on PG 3 Cost Items
ftem No. Item Description Quantity Unit Unit Price Total 1 Per su bcontractor"s' Promsa I 1 LS $4,704.9L $4,704.9L 2 Act 1 General Conditions 1 5o/o $23s.2s $23s.2s
3 Subtotal -- $4,94O.L6
The work covered by this order shall be performed under the same Terms and Conditions as that included in the original contract unless stated otherwise above.

Submitted By:

ACT 1 Construction
Response: {o*.r,
Anser Advisory
E oo Not Accept
Company
Alex Witham
Company
LL.6.2023 Foru*r@ /.L '2 ffi
By Date By/ Date (-{/

Page 7 of 7 ends

Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 23
Menifee Mayor and City Council April 3, 2024 Page 417 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Proposed Change Order
Contractor Weber's Plumbing. [nc
Description of Change: Street POC added material and labor Add
Date
COR No.

Revised
tU U2023
5 Deduct
Subcontractor
15% Mark up
Subcontractor Subtotal
Material
15% Mark up
Material Subtotal
T&M Work
l5o/o Mark up
Equipment Subtotal
Labor
15% Mark up
Labor Subtotal
Subtotal
Bond Premium 0.00
Total
s
$ $
$
s
$
s 3,282.39
$ 4e2.36
3,77 4.7 5
808.84
t2t.33
930.r7
4,704.91
4,704.91
Total Cost
$
$
$
$ $
$ $
$ $
s s
s s
$ $
$
$ $
$
$ 4,704.91
Quail Valley Fire Station
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 24
Menifee Mayor and City Council April 3, 2024 Page 418 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Project:

Subcontractor: Weber's Plumbing, lnc
Lic# 44338
Date
WP CO
RFI#
cflr F6Ed Riva.d D.a.

D-.ddlon ol Chr{.: Wt r di PIOC b .t ln tt..lrxt.bfillon b rt 6.20. 15'to O|. fit l. .n ultng loltd ixlnatC.lo. $a c.u.- u.lo h.w io ollLt lrp oErin. br..d nr.ln dln mLrt l .nd .lbo.

Description QTY UNIT Lab Mat T&M Sub Labor Mat+Tax T&M Sub Total Labor: $ $ $ $ $
Plumber Labor 4 HR $ 111.65 $ 446.60 $ $ $ $ 446.60
Sth Year Apprentice 4 HR $ 90.56 $ 362.24 $ $ $ $ 362.24 $ $ $ $ $
Other costs $ $ $ $ $
1 EA $ 3.282.39 $ $ 3.282.39 s $ $ 3,282.39
EA $ $ $ $ $
EA $ $ $ $ $
EA $ $ $ $ $
EA $ $ $ $ $
FT $ $ $ $ $
FT $ $ $ $ $
EA $ $ $ $ $
EA $ $ $ $ $
EA $ $ $ $ $
s UUU.U4 $ 3,ZAZ,39 $ $ $ 4,091.23
$ $ s $ $
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 25
Menifee Mayor and City Council April 3, 2024 Page 419 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Total
Total
Wage
Rate
Work
sheet
Year Year st Year Year

2.21 1.94 1.67 2.50 2.09 1.88 4.72

2.50 Iaf,rtIL
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 26
Menifee Mayor and City Council April 3, 2024 Page 420 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Taxes
Total Benefits
r lqlre t\qrs
Worksheet:

Weber's Plumbing
Effective Dates: September 1,2023 to Auoust 31.2024
fime: (Regular, Overtime)

REGULAR PAY OVERTIME
Plumber 5th Year 4th Year 3rd Year 2nd Year lst Year Foreman Plumber 5th Year 4th Year 3rd Year 2nd Year 1st Year Foreman Base Waoe Rate 53.78 43.02 37.65 32.27 26.89 24.20 61.E5 80.67 64.53 56 48 48.41 40 34 35.30 92 7A Vacation or V&H 3.40 3.10 2.80 2.51 2.21 1.91 3.71 s.10 4.65 4.20 3.77 3.32 2.87 5.57 DC #16 Dues Deducted (1.751 (1.751 (1.75) t1.751 (1.75t 11.251 t1.751 (1_701 r1-70t (1.70) (1.70) (1.70) (1.20) (1.70) UA ORG Fee Deducted (0.10) (0.10) (0.10) (0.101 (0.10) (0.101 (0.101 (0.10) (0.101 (0.10t (0.10) (0.101 (0.101

57.18 46.12 40.45 34.78 29.10 26.11 65.56 E5.77 69.18 60.68 52.17 43.65 39.17 98.34 FICA (Medicare) E.75 7.06 6.19 5.32 4.45 3.99 10.03 13.12 10.58 9.28 7.98 6.68 5.99 15.05 FUI or FUTA (Unemolovment lnsurance) 3.55 2.86 2.51 2.16 1.E0 1.62 4.06 5.32 4.29 3.76 3.23 2.71 2_43 6.10 SUI or SUTA (State Unemployment lnsurance) 3.55 2.86 2.51 2.16 1.E0 1.62 4.06 5.32 4.29 3.76 3.23 2.71 2.43 6.10 Social Securitv 7.09 5.72 5.02 4.31 3.61 3.24 8.13 10.64 8.58 7.52 6.47 5.41 4.86 12.19 State Disabiitv lnsurance 0.63 0.46 0.40 0.35 0.29 0.26 0.66 0.86 0.69 0.61 o.52 o.44 0.39 0.98

0.06 o42 0.36 0.31 0.26 0.23 0.59 0.77 0.62 0.55 0.47 0.39 0.35 0.89

23.62 19.37 16.99 14.61 12.22 10.97 27.54 36.02 29.06 25.48 21.91 1E.33 16.45 41.30

9.26 9.26 9.26 9.26 9.76 0.00 9.26 9.26 9.26 9_26 9.26 9.76 0.00 9.26 Pension 10.45 7.54 7.17 6.84 0.00 0.00 10.45 10.35 7.44 7.O7 6.74 0.00 0.00 10.35

3.00 0.90 0.90 0,90 0.38 0.38 3.00 3.00 0.90 0.90 0.90 0.38 0.38 3.00 UA Trainino 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 o_to 0.10 Ret. XMAS 0.85 0.80 o.74 0.69 0.00 0.00 0.85 0.85 0.80 o.74 0.69 0.00 0.00 0.E5 A&J Trainino 2.85 2.19 2.16 2.11 2.10 2.O3 2.85 2.70 2.04 2.O1 1.96 1.95 1.88 2.70 Pipe 0.80 0.74 o.74 0.74 0.74 0.68 0.80 0.70 0.64 0.64 0.64 0.64 0.58 0.70 tMcc 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 3ontr. Education Dev. 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 35.00 0.35 2E.01 22.23 21.77 21.34 13.7E 3.89 2E.O1 27.66 21.EE 21.42 20.99 13.53 38.29 27.66 l,vorKers
lomp 2.84 2.84 2.84 2.84 2.84 4.26 3.44 3.02 2.59 2.17 1.95 4.89 rvorkers

4.65 4.65
fotal Labor Cost Per Hour 111.65 90.56 82.05 73.57 59.75 45.62 123.95 153.72 123.55 110.59 97.66 77.68 95.85 172.19 Pavroll Tares
ralth and Welfare
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 27
Menifee Mayor and City Council April 3, 2024 Page 421 of 1410 DocuSign Envelope lD : 67BBAF67-9D2D-4273-8664-08 5E42CDC 1 88 ICONIX Waterworks (US) lnc. QUOTATION
19052 HARV]LL AVEN U E
PERRIS, CA 92570
USA
Tel: 951 -485-4680
www.icon ixww.com

CDIGONIX
waterworks
Sales Quote Number: U2310010140
Sales Quote Date: 11/01/23
Version No.: 1
Page: 1
Quote To: WEBER'S PLUMBING, INC.

PO BOX 549
WINCHESTER, CA 92596
USA
Tel: 951 -388-051 5
Ship To: WEBER'S PLUMBING, INC.

PO BOX 549
WINCHESTER, CA 92596
USA
Customer No. WEBPLU
Terms Net 30 daysA
Ship Via lconix Watenruorks Truck
Ship Payment Type lconix Prepaid
F.O.B.

Printed YPALOM ERA 11/01 /2023
Closing Date
Bid Date
Ordered By
SalesPenson
Creator
09:40 AM
11 /01/23
Mike Farekian
Yesenia Palomera
Proiect
Engineer
Cust Job No.

Cust PO No.

Quail Valley Fire Station #5
Quail Valley Fire Station #5

QUAIL VALLEY CHANGE
ORDER # 2
Item No. Descriotion
Purch.

Code Unit Quantitv Unit Price Total Price
WWIMJ4512
RSSTARIC9l2O
ACH HT5O
DUE TO GLOBAL IMPACT ON MATERIAL SUPPLY AND COST.

FORCE MAJEURE APPLIES TO ALL QUOTED ITEMS.

ALL MATERIAT IS SUBJECT TO PRICE !N EFFECT AT TIME
OF SHIPMENT. PRICING & AVAILABILITY CANNOT BE
GUARANTEED AT THIS TIME. FUEU FREIGHT SURCHARGE
MAY APPLY TO ALL DELIVERED ORDERS.

WE VALUE YOUR BUSINESS AND THANK YOU FOR YOUR

CONTINUED SUPPORT AND UNDERSTANDING DURING THESE
CHALTENGING TIMES.
12 MJ 45 ELL IM P
12 STAR STARGRIP 4OOOG2 CgOO RESTRAINT

KIT IM P
HY-TECH HT5O MASTIC GALLON
EA
EA
EA
2 4
1 60s.00
422.60
124.49
1 ,21 0.00
1 ,690.40
124 49
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 28
Menifee Mayor and City Council April 3, 2024 Page 422 of 1410 DocuSig n Enve lope I D : 67 BBAF 67 -9D2D-427 3-8664-08 5E42CDC 1 88 ICONIX Waterworks (US) Inc. QUOTATION
19052 HARVILL AVENUE
QUOTE TO: WEBER'S PLUMBING, INC.
cDlcoNlx
waterworks
Sales Quote Number: U2310010140
Sales Quote Date: 11/01/23
Version No.: 1
Page: 2
Item No- Descriotion
Purch.

Code Unit Quantitv Unit Price Total Price
CVIDl 02 210 MIL PIPE WRAP TAPE EA 2 10.71
Total:

21.42 Subtotal:

Total Sales Tax:

Total:
3,046.31
3,046.31
236.08
3,282.39
Taxable Amount
3,046.31
Tax Exempt Amount

0.00 Thank you for the opportunity to quote. This quote prepared for you by: Yesenia Palomera Tel: 951 -485-4580 [email protected]
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 29
Menifee Mayor and City Council April 3, 2024 Page 423 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D -4273-8664-0B5E42CDC 1 88 Work Order (WO) Proposal
Work Description
Cost to trench, and install (2)2" UG conduits, pull boxes provide by ftontier and grounding per Frontier plan dated 81302023 Job lD: 701 '14- 5326572
Cost Items
m
crP 2t-o4
Menifee Fire Station #5
29745 Goetz Rd
Menifee, CA 92587
U.S
Project #
Title
Address
City, State, Zip
Country
Project Information
Drawing
Spec.

Location
Other
PCO # L4
Date
Type
Subject
Change Order/Credit
SCE Encasement
Work Order Information
City, State, Zip
Country
Phone
Fax
Norco, CA 92860
United States
951-735-L184
951-737-5342
Contact
Company
Address
Act 1 Construction Inc.
444 6th St
Issued By
Colin Mcnie
Answer/City of Menifee
29844 Haun Rd.

City, State, Zip
Country
Phone
Fax
Contact
Company
Address
Menifee, CA 92598
U.S
Issued To
ftem No. Item Descri Unit Unit Price Total
1 Cost to trench aporox. 255 LF on site 255 LF $50.00 $12,750.00 2 Cost to trench approx. 160 LF off site 160 LF $150.00 $24,000.00 3 Subcont@ 1 LS $7,446.8L $7,446.8L
4 Act 1 General Conditions for Subcontractor Mark lln 1 5o/o 9372.34 9372,34 Subtotal - $44,579.L5
The work covered by this order sha!! be peformed under the same Terms and Conditions as t{rat included in the original contract unless stated otherwise above.

Submitted By:

ACT 1 Construction
Response: {orr.p,
Anser Advisor
E oo Not Accept
LL.L7.2023
Company
M1,/ /49, 'e
By Date By{ (,{/ Date

Page 7 of 7 ends

Company
Alex Witham
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 30
Menifee Mayor and City Council April 3, 2024 Page 424 of 1410 DocuSign Envelope I D: 67BBAF67-9D2D-4273-8664-0B5E42CDC 1 88 California License # 892952
Cost Proposal
Projecu Quait Valley Fire Station
Date Issued: September II,2023
Khino Ll e,ctrical Constru ction, l,-,..

Number 3
RE:

Includes:

Cost to make the following changes due to new Frontier plans dated 8/30/2023.

1. Delete (2) 4" underground conduits and all related fittings, sand and encasement shown on sheet E0051.

2. Install (2) 2" underground conduit and all related fitting, sand and encasement shown on Frontier Communications plan. Our work will end at Developer placed 2' X3'handhole located in the planter to the south. All work in the street is excluded.

3. Install (2) 2'X 3'pull boxes furnished by Frontier.

4. Install grounding at (2) 2'X 3' pull boxes.

Exclusions:

Any work not listed above as being included
All work in the street.

All required trenching, backfill and compaction. We wilt provide sand for installation by others. We will provide and place concrete for encasement.

All required landscape repairs
All required sprinkler repairs
All open trench protective measures
AII permits - as required
Repair of all undergrouad that is not marked prior to excavation Cutting, removal and patching of all surfaces - concrete and asphalt Removal of spoils from site - 12 yards
All required engineering - if required
All p1an check and permit fees
Total cost for this cost proposal $ 7,446.91
Quote is valid for 30 days
Conditions:

Additional days that wiII need to be added to our contract to accomplish this work is 3 days. we reserve the right to revise this cost proposal if job conditions change. w-e reserve the right to revise this cost proposal if material cost change.

If this cost proPosal is accepted it will become part of our contract and all contract conditions will apply 909-463-3838 voice 4853 Brookside Avenue, Fonrana, CA 92336 909_463_6729 fax Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 31
Menifee Mayor and City Council April 3, 2024 Page 425 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D-4273-B664-0B5E42CDC1 88 911112023 9:51:08 AM Rhino Electrical
Quail Valley Fire Station #5 : Frontier Service Conduit Change Totals (Detailed) - Bid Summary: Default

Page 1 ends

Bid Date 9t8t2022
Square Footage 0
Material Totals
41 .66 0.00 o/o 41.66
Division Total Factor Extended
01 Underground Feeder Raceway 20.11 0.00 % 20.11
18 Misc. 18 50 0.00 % 1 8.50
Total 41 .44 41.44
Cateoorv % ofTotal Hours Base Rate Burden $ Burden o/o Extended Electrician 100.000 41.440 $9s.00 0.00 0.000 $3.936.80
Total 100.000 41.440 x $95.00 (averageoflaborratew/burden)= $3,936.80 Description Rate Factor Extended
Totat $.oo
Overfiead (15.oo%) gT1.3Z
JobTotal $2,446.81
Actual Bid Price $1,4p;6.g1
01 Underground Feeder Raceuray
05 Feeder Wire
t8 Misc
Total
Sales Tax{7J5%l
Total Material
NonlP rod uetivo:: Labor
Hours
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 32
Menifee Mayor and City Council April 3, 2024 Page 426 of 1410 DocuSign Envelope lD: 67BBAF67-9D2D-4273-B664-0B5E42CDC1 88 911112023 9:50:42 AM
Item # Description
Rhino Electrical Page 1
Quail Valley Fire Station #5 : Frontier Service Conduit Change Job Number: CO297-2
Bid Summary: Default
E)dension By Phase
Quantity Price U Ext Price Labor Hr U Ext Lab Hr
800 254.99 C 2,039.92 2.50 C 20.00
4 377.69 C 15.1 1 4.14 E 0.56
6 64.00 C 3.84 0.07 E 0.42
2157 2" PVC Elbow (36" Radius) 6 1,237.04 C 74.22 0.30 E 1.80 2160 4"PVCEiborar(3d'Radius) 4 28.39 E -113.56 0.50 E -2.00 2459 2"x3" Base Spacer 133 93.30 C 124.40 10.00 C 13.33 7 150.00 E 1 ,101 .00 0.45 E 3.30
1,584.43 20.11
--- 05 Feeder Wire --
20 642.10 M 12.84 22.00 M 0.44
T0001 2 15.00 E 30.00 0.25 E 0.50
T0003 2 150.00 E 300.00 3.00 E 6.00
--- 18 Misc. Total -- 730.00 1 8.50
Job Total 2,356.09 41.44
* Target, Labor column 2
. r : : ,
, ,: -- 01 Undergroii'nd Feeder Racevuay --
1186 2" PVC Conduit
1190 4" PVC Condutt
2101 2" PVC Bell End
2105 4" PVC Bell End
2133 2.' PVC Coupling
2197 4" PVC Coupling
2461 4"x3" Base Spacer
5602 2 Sack Slurry/Concrete (Cu. Yards)
5607 Sand (Cu. Yards)
--- 01 Underground Feeder Raceway Total --
3080 114" Pull Line
3087 #6 Solid Bare Copper Wire
-
05 Feeder Wire Total --
, 3,25 C -13.65
,
.,
4" to 2" PVC Bell reducer :.
,
,lnsta,ll,2*3,,box,supplied ;by,Frontier,
Ground Rod and Connecter @ pull box
-- 18 Misc. --
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 33
Menifee Mayor and City Council April 3, 2024 Page 427 of 1410 DocuSign Enve lope I D: 678BAF67 -9O2D-4273-8664-0B5E42CDC 1 88

CONDUIT
Moinline/Bockbone Conduit or ABS
Servrce Loterol Conduit
-JT- Proposed Construction Coll Out
Joint Trench
-TSole Trench
UTILITIES Ex isting Proposed
Gos
lYotcr
Tclcphonc
Son Scvcr
Electric E
Storm Droin bL
POLES Existing Proposed
Frontier Owned o o
Foreign Owned x
Joint Owned a a
Monhole
ll Hondhole (tr
PullBox E m
Bore Pit tr
Ground Rod
,-8,
Electricol Vent
A
AA h., l-1a.,-l^^-.

STREET ADDRESS: 29745 GOETZ RD
FRoNIERo

COIVIVIUNICATIONS

CONDUIT DESIGN
@ EST. #:

DYNAMIC
SHEET#:
1or3
FRONT! ER COMMUN ICATION COS
Engrneer GREGORY BOWN IZ-OO1-S332531 **0) days CONDUIT DESIGN SIDEWALK

DRIVEWAY

EDGE OF PAVMENT

FACE OF CURB

HANDHOLE

MANHOLE

PEDESTAL

POLYVINYL CHLORIDE

SUB DUCT

PROPERTY LINE

RAILROAD
RAILROAD R^^/

NOT TO SCALE

ABBREVIATIONS PROPOSED EXISTING
BUILDING BLDG bldg
CENTERLINE C;/L cll
Contact Frontier prior to need of
conc
csw
dwy
eop
foc
hh
mh
ped
Pvc
sd
pA
t(
sce
coNc
csw
DWY
EOP
FOC
HH
MH
PED
PVC
SD
PIL
RR
RR R/W
R/W
SCE
W.B
W.P
NTS

6. 7.
service in order to confirm compliance,order materials,and schedule work forces.

2. FRONTIER COMMUNICATIONS,INCORPORATED RESERVES THE RIGHT TO REFUSE

ANY CONDUIT, PULL BOXES, MANHOLES, OR UTILITY BOXES THAT DEVIATE FROM PLANS AND SPECIFICATIONS.

3. CHANGES OR DEVIATIONS FROM THIS PLAN MUST BE APPROVED BY FRONTIER.

4. CONTACT THE FRONTIER INSPECTOR 48 HOURS BEFORE TRENCHING AND UPON COMPLETION OF YOUR SUBSTRUCTURES TO SCHEDULE THE FINAL INSPECTION.

5. FRONTIER INSPECTOR SHALL BE PRESENT ON SITE V1/I-IEN CONTRACTOR NEEDS TO ACCESS ANY EXISTING FRONTIER FACILITY.

All horizontal ninety degree bends (90') shall have a radius of not less than 12.5 feet and all vertical ninety degree bends (90") shall have a radius of not less than three feet. No more than two (2) ninety degree (90") horizontal bends shall be placed in any single run unless othemise specilied. Contact Frontier engineer concerning any required deviations.

Allconduit must be proven using a mandrelno lessthan a 1/2" smallerthan the conduitto be accepted. Mule tape shall be placed in all conduits proven. Wallto wall measurements must

9. Accurate AS-BUILTS shall be provided to lhe Frontier inspector assigned to this project.

AS-BUILTS shall include conduit section measurements, wallto wall footages, stations and offsets of AS-BUILT Frontier structures, and the cover to the top of the Frontier underground structure placed. Copy of the AS-BUILT conduit work order must be provided to the Frontier inspector assigned to your project.

10. Contact GABRIEL ORTIZ (951) 434-9873 at the inspection oflice for coordination of inspection dates.

11. Place weatherproof cap on end of all conduits terminated outside of a building. '12. Place temporary weatherproof cap on end of all conduits exposed during construction.

13. Rigid steel, approved plastic conduit (PVC Schedule #4O,TYPE-C (4) or DB-120 (2") or Frontier provided or approved Roll Sheet sub duct, is specified for underground construction.

Condulets, Flex, Transite, Plumbers fittings, Water and Gas Pipes must NOT be used. RIGID STEEL MUST BE USED V\'I-IEN CONDUIT CAN BE EXPOSED TO VEHICULAR TRAFFIC.

14. Conduitterminated on a pole must be PVC Schedule 80. lf conduit willbe exposed to traffic, rigid steel pipe and sweep is required to 48" above finished grade othenruise turned up 12" above finished grade. Location of riser on pole will be as shown on conduit plan and location can be modified by approval of Frontier engineer/inspector only.

15. Minimum separation ftom other utilities shall be a minimum of 12". Conduit placed in same trench with primary power conduit must be separated by no less than twelve inches(12") of well-packed sand or three inches(3") of concrete. Minimum cover shall be no less than thirty (30") inches measured from the final grade of the street flow line to the top of Frontier structure unless noted otherwise. Ducts placed in the driven portion of the roadway must have no less than 48 inches(4E") of cover to top of pipe measured at flow line of roadway.

16. FRONTIER RECOMMENDATIONS: Provide a minimum 1-4" conduit home run from each suite location to the main terminal backboard in lieu of running cables over drop ceiling access.

17. Provide source of ground at the telephone backboard location: (1) #6 insulated copper wire (solid preferred) to power system ground. - (1) #6 insulated copper wire (solid preferred) to permanent metallicstructure such as UFER ground or building steel. - (1) #6 insulated copper wire (solid preferred) to metallic water pipe bonded to previously described permanent metallic structure. Leave adequate wire to extend six feet beyond base of backboard. NOTE: THE FOLLOWNG MUST NOT BE USED FOR GROUND SOURCES: ROOF TRUSSES, FLOOR

JOINTS, BRACES, SPRINKLER SYSTEM PIPES, METAL ELECTRICAL DISTRIBUTION CONDUIT, AND HORIZONTAL STEEL MEMBERS LESS THAN 3/8" THICK. 1 8. Provide cable racking as described in attachment. Provide pulling irons as described in attachment.
'19. Three to six weeks will be needed from the date of final inspection for Frontier to start placing facilities. All papenruork and easements must also be completed, if applicable.

20. Work crew to adjust manholes to finalgrade as shown on the approved grading plan.

21. Actual footages of conduit are needed to order materials. %o Y
I
A
v tst,4
\ &
70114-5326572
29745 GOETZ RD
MENIFEE CA, 92584

VICINITY MAP
NTS
PATH LENGTH: MATERIALS: SHEET INDEX
- 4" BORE = 83' - 83'OF 4" PVC(FTR PLACED) 1 - COVER
- DEVELOPER PLACED - 808'OF 2" PVC (DEVOLOPER PLACED) 2 - CONDUTT DESTGN - (2) 2X3 HH(S) 3 - DETATLS
- (18) SOFT ASPHALT

8. A
'{l h
PICK UP POINT:
-FRONTIER MH#121
so
X
Moteriol provided Frontier & Ploced
q
Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 34
Menifee Mayor and City Council April 3, 2024 Page 428 of 1410 DocuSign Enve lope I D : 67BBAF67 -9D2D-4273-8664-0B5E42CDC 1 88

CURVE DATA

IA R L T
Al eo'oo'oo" 5.0' 7.8', 5.0'
Al 45"00'oo" 5.0' 3.9' 2.1
Al 22'30'oo" 5.0' 1 .9' 0.99'
Al go'oo'oo" 12.5' 19.6' 12.s',
Al 4s'oo'oo" 12.s', 9.8' 5.1 8'
Al 22'30'oo" 12.s', 4.9' 2.49'.

FRoNIERo

COMMUNICATIONS
STREET ADDRESS. 29745GOETZ RD
DESIGN
GI-(EGOi<Y tsOWN (/6 l)-333-2531
FTR INSPECToR: GABRIEL ORTIZ (951 434-9873
Fq y@r Dg Am I D Numba c.ll

EXACT UTILITIES LOCATIONS TO BE VERIFIED
BY USA MARKINGS PRIOR TO DIGGING.

CONSTRUCTION NOTE:

WORK CREWTO PUNCH UNDER

GUTTERS, SIDEWALKS, &

DRIVEWAYS
CONSTRUCTION NOTE:

WORK CREW TO PLACE

FACILITIES AS CLOSE TO

PROPERTY LINE AS POSSIBLE
CONSTRUCTION NOTE:

WORK CREW TO PROTECT IN

PLACE DRIVEWAYS
EST #:
2 0F 3
SHEET#:

IASPHT 10'oF 1-4"PVC
83'W-W
e.rO

33.688378, -1 17 .239002
,ry
o"
.44 L \_l
Detail "A"
SCALE: 1"=20'
\,
See Detail "A"
%
1"=60'
,o>
o/
290'OF
290'W-W
NEW HH.2X3
114'OF 2-2"PVC
114'W-MPOE
RIGHT SHOV1N BASED ON AVAILABLE RECORD
DATA. WORK CREWTO VERIFY LOCATION OF RIGHT OF
WAY PRIOR TO CONSTRUCTION.
2, UTILITIES SHOV\N LOCATED BY RECORD MAPS/FIELD
OBSERVATIONS.
\&. ouo) o.Y
W.

Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 35
Menifee Mayor and City Council April 3, 2024 Page 429 of 1410 DocuSign Enve lope I D : 67BBAF67 -9D2O-4273-8664-085E42CDC 1 88 FRoNIERU

COIVIIVIUNICATIONS
ADDRESS: 29745GOETZRD
DYNATVIIC @ EST. #:

CONSTRUCTION NOTE:

1. FOOTAGES ARE APPROXIMATE. PLACE HH'S AND FP'S AT PROPERW LINES, NEAR POINT OF CONNECTION AT EACH SERVING ADDRESS.

2. PLACE HH'S AND Fp'S tN D|RT/GRASS BEHTND STDEWALK UNTESS PREVIOUSLY APPROVED TO PTACE ELSEWHERE BY THE CM3, CITY INSPECTOR AND ENGINEER.

3. LOCATE AND UTILIZE EXISTING PATH, SUBSTRUCTURE, HH'S, PEDS AND FP'S WHEN FOUND AND (RE)USEABLE tN THE FIELD.

4. DO NOT CUT CONCRETE SPANDRELS, CROSS.GUTTERS, OR CURBS.

5. WORK CREWS TO "PROTECT IN PLACE" DRIVEWAYS, IMPROVED

LANDSCAPES AND DECORATIVE CONCRETE

6. WORK CREWS ARE NOT TO DISTURB GUTTERS, SIDEWALKS AND

DRIVEWAYS AND PUNCH UNDER WHERE ALLOWED BY LOCAL
ORDINANCE.

7. ALL CUTS MUST HAVE STRAIGHT AND NEAT EDGES, MUST BE

SQUARED AND NEW ASPHALT TACK COATED EVENLY AND SILICA
SANDED.

8. TOCATE AND USE EXISTING AERIAI PLANT WHENEVER AVAILABLE,

CONTACT FRONTIER INSPECTOR TO REVIEW VIABILITY BEFORE STARTING SUBSTRUCTURE WORK.

9. PLACE GROUND RODS AT FDH, SPLICE LOCATIONS, RISER
TRANSITIONS AND END OF RUN HANDHOTES. PER GO128 AND FRONTIEF STANDARDS IN DOCUM ENT FONE-l 6-6987

10. ANY MUNICIPAL / INSPECTOR SPECIAL REQUESTS THAT ADD SCOPE

TO PROJECT AND ARE NOT ON CAS SHEET MUST FIRST BE AUTHORIZED BY FRONTIER ENGINEERING BEFORE STARTING ADDITIONAL WORK. oc
!
ruoHoLE-2.'rI'XX' m( UIilG. EI I 2 Pc $tll COWI
rTEy to lt tact

SWEEP DETAIL
HANDHOLE DETAIL-2'x3'

MISSILE BORE DETAIL

AIMING SIGHT

PIERCING TOOL
BORE PlT LAUNCH CRADLE
o
c
4'x4' BORE PIT
1'TRENCH WIOTH
REMOVE 2OLF OF EXISTING MATERIAT
I
I
1 6) oro'B.RE Prr \,/ REMOVE 16 SF OF EXISTING MATERIAL 1 <6 r'TREN.HWDTH \r/ REMOVE 20LF OF EXISTING MATERIAL
1 $,r,0'r^.** \// REMOVE 4OSF OF EXISTING MATERIAL
REPLACE wlTH 4OSF OF NEW MATERIAL

TO MATCH EXISTING CONOITIONS
1 90" DELTA.12.5' RADIUS

SINGLE BORE PIT

TRENCH DETAIL
90" DELTA-12.5' RADIUS

DOUBLE BORE PIT

TRENCH DETAIL
45' DELTA.12.5' RADIUS
TRENCH DETAIL SHEET#:
3 oF 3
2 Item Title: 10.9
Contract Change Order with Act 1 Construction, Inc. for the New Quail Valley Fire Station No. 5 Project Item Page Number: 36
Menifee Mayor and City Council April 3, 2024 Page 430 of 1410

CITY OF MENIFEE
SUBJECT: Security Improvement Bonds and Agreements for Tract Map 29835, Underwood by KB Home Coastal, Inc.

MEETING DATE: April 3, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute an Offsite Public Improvement Agreement and Landscape Improvement Agreements to guarantee the completion of required public improvements associated with Tract Map 29835, Underwood, by KB Home Coastal, Inc., located west of Palomar Road on both the north and south sides of Rouse Road.

DISCUSSION
The Underwood project (also known as Shadow Mountain) (“Project”) is a subdivision of 514 single-family residential homes on 235.1 acres. The Project is divided into five Tract Maps (“TM”) including TM29835-1, TM29835-2, TM29835-3, TM29835-4, and TM2983-F. The Project is generally located west of Palomar Road and on both the north and south sides of Rouse Road.

KB Home Coastal, Inc., a California Corporation (“Developer”), is now requesting the approval of a Public Improvement Agreement (“PIA”) for offsite streets and drainage and two Landscape Improvement Agreements (“LIA”) for in-tract streetscapes as required by the Project’s conditions of approval. Multiple LIAs are being proposed as each landscape area Point of Connection (“POC”) has a separate plan set and may be completed at separate times. The PIA and LIAs require that improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the agreements.

Staff has reviewed the Developer’s request and determined that the PIA and LIAs meet the requirements of the Project’s conditions. Summaries of the bonds being posted to guarantee the required improvements are shown in the tables on the following page.

Item Title: 10.10
Security Improvement Bonds and Agreements for Tract Map 29835, Underwood by KB Home Coastal, Inc.

Item Page Number: 1
Menifee Mayor and City Council April 3, 2024 Page 431 of 1410 City of Menifee Staff Report
PIA and LIAs for TM29835 - Underwood
March 20, 2024

Page 2 of 2 ends

Menifee City CouncilApril 3, 2024

Menifee City Council
April 3, 2024