2 1
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One of the requirements stated in the RFQ Summary of Services was for contractors to be geographically located within 25 miles of the Fleet Division, located at 27860 Bradley Road, Sun City, CA 92586, in order to ensure transportation of a damaged vehicle is feasible in relation to the work performed. A&A Fleet Painting, located in Chino, CA, did not meet that requirement. All Magic, located in Moreno Valley, was the only contractor that bid who was within this 25-mile radius. Staff reviewed All Magic MV, Inc. (“All Magic”) bids and determined that they met the requirements for recommendation as the most responsive and responsible bidder. Table 1 below outlines the proposed hourly rates.
TABLE 1: PROPOSED HOURLY RATES
Body Fabrication Paint Frame Aluminum
Materials
All
Magic $80 $250 $80 $95 $125
The proposed Agreement is being recommended to ensure timely completion of body repair services to City and Police vehicles for Fleet. Approval of the Agreement would serve to support efficient request processing, transparent expenditure tracking, and expand staff options for effective solutions in response to damaged vehicles.
The Agreement would not exceed $140,000 for the proposed term spanning through fiscal year 2024/25. The City would have the option to extend this agreement by four, one-year terms with a not-to-exceed amount each year equal to $140,000 plus the CPI increase or ten percent, whichever is lower. Table 2 below shows the maximum not to exceed amount for the term of the Agreement and optional extensions. Services requested against the Agreement would not exceed the total available and approved maintenance budgets at the time of request. In no event would the cumulative amount of the purchase orders or direct payments issued against the Agreement exceed the total not-to exceed maintenance budgets approved each fiscal year.
TABLE 2: AMENDMENT MAXIMUM NOT TO EXCEED AMOUNTS
Fiscal Year Agreement &
Optional Extensions
Not-to-Exceed Amount
(10% Increase)
2024/2025 Original Agreement $140,000
2025/2026 Amendment No. 1 $154,000
2026/2027 Amendment No. 2 $169,400
2027/2028 Amendment No. 3 $186,340
2028/2029 Amendment No. 4 $204,974
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed agreement with All Magic is not-to-exceed $140,000. Funding for the proposed agreement with All Magic is available within the Fiscal Year 2023/2024 and 2024/2025 operating budgets under Internal Services Fleet Fund No. 115. Funding for future fiscal Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 2
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years would be budgeted as part of their respective year’s budget. No additional budget appropriation action is required.
In the event the accident is caused by an external party, a portion of repair costs may be recoverable through a motorist’s insurance.
ATTACHMENTS
1. Agreement – All Magic
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 3
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April 17, 2024
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CITY OF MENIFEE
GENERAL SERVICES AGREEMENT
ON-CALL AUTO BODY REPAIR SERVICES FOR CITY VEHICLES
THIS GENERAL SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2024 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and ALL MAGIC MV, INC., a S Corporation (“Contractor”).
City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on April 17, 2024 and shall continue until [June 30, 2025 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”). Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). Upon termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”). Upon termination of the Third Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Fourth Renewal Term”). None of the renewal terms provided hereunder shall occur if the term of this Agreement is otherwise terminated or extended as provided for in Section
8. The word “term” shall refer to the Initial Term and any renewal term which actually occurs.
The time provided to Vendor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement.
1.3 Standard of Performance.
Item Title: 10.6
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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 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 Item Title: 10.6
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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 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.
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 6
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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 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.
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 7
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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.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Vendor a sum not to exceed the amounts set forth below (“Contract Amount”) notwithstanding any contrary indications that may be contained in Vendor’s proposal or bid, 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 Vendor 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 Vendor for the Services rendered pursuant to this Agreement. Vendor shall submit all invoices to City in the manner specified herein.
a. Initial Term: One Hundred Forty Thousand Dollars and Zero Cents ($140,000.00).
b. First Renewal Term: Initial Term Contract Amount plus an increase equal to the change in Consumer Price Index for All Urban Consumers (CPI-U) for the Riverside Area (CPI) or ten percent (10%) whichever is lower. c. Second Renewal Term: The First Renewal Term Contract Amount plus an increase equal to the change in CPI or ten percent (10%) whichever is lower. d. Third Renewal Term: The Second Renewal Term Contract Amount plus an increase equal to the change in CPI or ten percent (10%) whichever is lower. e. Fourth Renewal Term: The Third Renewal Term Contract Amount plus an increase equal to the change in CPI or ten percent (10%) whichever is lower.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
Item Title: 10.6
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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.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 9
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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 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 Item Title: 10.6
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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.
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 11
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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 Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies Item Title: 10.6
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fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in 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.
Item Title: 10.6
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(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:
(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.
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a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: ON- CALL AUTO BODY REPAIR SERVICES FOR CITY VEHICLES. 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 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.
Item Title: 10.6
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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 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 Item Title: 10.6
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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 subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except Item Title: 10.6
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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.
Item Title: 10.6
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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. (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 Item Title: 10.6
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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 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 Item Title: 10.6
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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 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 Item Title: 10.6
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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 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 Item Title: 10.6
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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, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 23
Menifee Mayor and City Council
April 17, 2024
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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 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 Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 24
Menifee Mayor and City Council
April 17, 2024
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opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 25
Menifee Mayor and City Council
April 17, 2024
Page
158 of 1244
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Raffi Avetyan Vendor’s Principal
(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, Chris Gehrki, Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
ALL MAGIC MV, INC.
Attn: Raffi Avetyan
14461 COMMERCE CENTER DRIVE
MORENO VALLEY, CA 92553
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Chris Gehrki, Management Analyst
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 26
Menifee Mayor and City Council
April 17, 2024
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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 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.
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 27
Menifee Mayor and City Council
April 17, 2024
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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: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 28
Menifee Mayor and City Council
April 17, 2024
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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 Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Raffi Avetyan, Principal
TBD
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 29
Menifee Mayor and City Council
April 17, 2024
Page
162 of 1244
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include ON-CALL AUTO BODY REPAIR SERVICES FOR CITY VEHICLES 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 overall amount not to exceed amounts set forth in Section 2.1 of the Agreement, as further detailed below.
Hourly Rate ($)Title &
Description
Year 1
(2024/25)
Year 2
(2025/26)
Year 3
(2026/27)
Year 4
(2027/28)
Year 5
(2028/29)
Body Hourly
Rate
$80.00 Year 1 Price
plus CPI rate
not to exceed
10%
Year 2 Price
plus CPI rate
not to exceed
10%
Year 3 Price
plus CPI rate
not to exceed
10%
Year 4 Price
plus CPI rate
not to exceed
10%
Fabrication
Hourly Rate
$250.00 Year 1 Price
plus CPI rate
not to exceed
10%
Year 2 Price
plus CPI rate
not to exceed
10%
Year 3 Price
plus CPI rate
not to exceed
10%
Year 4 Price
plus CPI rate
not to exceed
10%
Paint Hourly
Rate
$80.00 Year 1 Price
plus CPI rate
not to exceed
10%
Year 2 Price
plus CPI rate
not to exceed
10%
Year 3 Price
plus CPI rate
not to exceed
10%
Year 4 Price
plus CPI rate
not to exceed
10%
Frame
Hourly Rate
$95.00 Year 1 Price
plus CPI rate
not to exceed
10%
Year 2 Price
plus CPI rate
not to exceed
10%
Year 3 Price
plus CPI rate
not to exceed
10%
Year 4 Price
plus CPI rate
not to exceed
10%
Aluminum
Materials
Hourly Rate
$125.00 Year 1 Price
plus CPI rate
not to exceed
10%
Year 2 Price
plus CPI rate
not to exceed
10%
Year 3 Price
plus CPI rate
not to exceed
10%
Year 4 Price
plus CPI rate
not to exceed
10%
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 30
Menifee Mayor and City Council
April 17, 2024
Page
163 of 1244
Item Title: 10.6
Agreement with All Magic MV, Inc. for On-Call Auto Body Repair Services for City Vehicles Item Page Number: 31
Menifee Mayor and City Council
April 17, 2024
Page
164 of 1244
CITY OF MENIFEE
SUBJECT: Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement
MEETING DATE: April 17, 2024
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the First Amendment to the Quimby Agreement with Richland Planned Communities, Inc. for compliance of Tentative Tract Map 31194 in accordance with Government Code Section 66477 (“Quimby Act”).
DISCUSSION
The Golden Meadows Development, Tentative Tract Map (TTM) 31194, Quimby Agreement was originally presented to the Parks, Recreation, and Trails Commission (PRTC) at the September 6, 2018 meeting. PRTC provided feedback to Richland Planned Communities, Inc. (“Developer”) to ensure the parks met the City Park Development Guidelines and Quimby Act requirements to the benefit of the community. Ultimately, PRTC voted to recommend the City Council approve the proposed Agreement with the Developer regarding compliance of TTM 31194 Quimby Agreement. The Golden Meadows Quimby Agreement was brought before the City Council at the March 6, 2019 regular meeting and was approved.
The existing Quimby Agreement outlines the following provisions:
•Development proposes 474 dwelling units, three parks, and two water quality basins within 206.8 acres of land
•Developer is required to provide 7.5 acres of parkland to meet its Quimby requirements •Developer receives 5.35 acres of Quimby credit for the following amenities:
oHome Owners Association (HOA) maintained park with soccer field, tot lot, restroom building, drinking fountains, picnic shelter, walking paths, etc. oHOA maintained park with tot lot, passive turf play areas, picnic shelter, walking paths, etc.
oHOA maintained park with walking paths, picnic tables, benches, trash receptacles, fenced dog park, etc.
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 1
Menifee Mayor and City Council
April 17, 2024
Page
165 of 1244
City of Menifee Staff Report
Amendment to Quimby Agreement for Phase IV of Golden Meadows (TTM 31194) April 17, 2024
2 0
9 4
•Developer will pay the City in-lieu fees for the balance of the Quimby requirement of 2.15 acres in the amount of $163,685.95.
The Golden Meadows Development is comprised of four distinct phases as indicated below in Image 1 below.
Image 1: Approved Phasing Plan – Golden Meadows
Since the approval of the original Quimby Agreement with Richland Communities, a Major Modification to Phase IV of the Golden Meadows development has been approved by City Council at the December 6, 2023 regular meeting. Updates in Phase IV that were approved in the Major Modification are:
•Increase of 79 lots for a total of 240 lots for Phase IV, bringing the project total to 552 dwelling units.
•Addition of 3.23 acre City maintained park with full-size basketball court, single stall restroom, solar lit walkways, themed playground equipment, picnic shelter, equestrian resting station, etc.
•Addition of 0.61 acre HOA maintained community center/pool. •Deed restrict 49 acres as natural open space area to prohibit future development. •Addition of equestrian friendly community trail with signage. •And a number of other concessions and supplemental conditions to acknowledge and keep the rural character of the surrounding communities.
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 2
Menifee Mayor and City Council
April 17, 2024
Page
166 of 1244
City of Menifee Staff Report
Amendment to Quimby Agreement for Phase IV of Golden Meadows (TTM 31194) April 17, 2024
2 0
9 4
Upon the approval of the Major Modification by City Council, the project was brought before the PRTC on February 2, 2024. The updated park conceptual in Phase IV and the following calculation for parkland dedication was presented for approval:
•240 Single Family (SF) Dwelling Units (DU) x 2.85 Avg. Person/Unit x 0.005 acres per 1,000 residents = 3.42 acres required for parkland dedication •Privately-owned amenities are assessed at 50% of Quimby requirement per MMC Chapter
7.75 Parkland Dedication and Fees resulting in the 0.61 acres of HOA parkland to be calculated at 0.31 acres of Quimby Credit.
•3.23 acre City maintained park + [(0.61 x 50%) = 0.31] = 3.54 acres of total parkland dedicated in Phase IV which exceeds the required 3.42 acres Based on this calculation, PRTC unanimously approved the proposed parkland in Phase IV as satisfying all Quimby requirements per Menifee Municipal Code Chapter 7.75. In order to appropriately implement the updates to Phase IV, the original Quimby Agreement approved in 2019 requires an amendment to be approved by City Council.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
If approved, the amendment would result in a new total of $124,541 in revenues (replacing the original calculated total of $163,686) to Fund 620 Local Park (Quimby) as Phases I – III would continue to be assessed in accordance with the original Quimby Agreement utilizing the following calculations:
•312 SF DU x 2.85 Avg. Person/Unit x 0.005 acres per 1,000 residents = 4.93584 acres required for parkland dedication
•Parkland Credit for HOA maintained parks: 3.3000 acres •4.93584 required acres – 3.3000 acres parkland credit = 1.63584 acres requiring payment of in lieu fees.
•1.63584 acres x $76,133 per acre = $124,541 payment for in lieu fees This reduction from the originally calculated fees by $39,145 is due to the addition by the developer of newly dedicated parkland in Phase IV. These fees would be collected in an agreed- upon manner as development progresses and shall be budgeted as part of the respective year’s budget.
ATTACHMENTS
1. First Amendment to Quimby Agreement
2. Original Quimby Agreement
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 3
Menifee Mayor and City Council
April 17, 2024
Page
167 of 1244
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF MENIFEE AND RICHLAND PLANNED COMMUNITIES
REGARDING COMPLIANCE OF TENTATIVE TRACT MAP NO. 31194
WITH GOVERNMENT CODE SECTION 66477 (“QUIMBY ACT”)
THIS FIRST AMENDMENT (“First Amendment”) is dated as of _____________, 2024, for reference purposes only, and is entered into between the CITY OF MENIFEE, a California municipal corporation (“City”) and RICHLAND PLANNED COMMUNITIES, INC., a California corporation (“Developer”).
RECITALS
WHEREAS, on March 6, 2019, City and Developer entered into that certain
AGREEMENT BETWEEN THE CITY OF MENIFEE AND RICHLAND PLANNED COMMUNITIES REGARDING COMPLIANCE OF TENTATIVE TRACT MAP NO. 31194 WITH GOVERNMENT CODE SECTION 66477 (“QUIMBY ACT”) (the “Quimby Agreement”) related to Developer’s project known as Golden Meadows (“Project”), as more fully described in the Quimby Agreement; and
WHEREAS, the Quimby Agreement contains the following provisions: (i) Developer proposal of 474 dwelling units, three parks, and two water quality basins within 206.8 acres of land; (ii) requirement for Developer to provide 7.5 acres of parkland to meet its parkland dedication requirements; (iii) Developer receives 5.35 acres of parkland credit for private amenities within HOA-maintained areas; and (iv) Developer payment of $163,685.95, which is equivalent to 2.15 acres of in-lieu fees for parkland; and WHEREAS, since the effective date of the Quimby Agreement, Menifee Municipal Code Chapter 7.75, Parkland Dedication and Fees, was updated to revise the average population per dwelling unit and to switch to the use of assessed land value from the use of a predetermined fee per acre; and
WHEREAS, the Project has proceed in four distinct phases, and Developer has proposed a major modification to Phase IV; and
WHEREAS, the Phase IV major modification results in 240 single family dwelling units; and
WHEREAS, additional amenities were added to Phase IV, including various HOA- maintained amenities such as a pool, recreation center, and restrooms on 0.61 acres of parkland; and
WHEREAS, Phase IV of the Project also includes a 3.23-acre community park to be dedicated to City, with planned amenities to include a tot lot, basketball court, picnic shelter, multi-purpose field, restrooms, walking trail, exercise machines, and equestrian stop wit spilt rail fencing; and
WHEREAS, based on the proposed Phase IV modification and additional amenities, the parties have agreed to amend the Quimby Agreement as set forth herein.
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 4
Menifee Mayor and City Council
April 17, 2024
Page
168 of 1244
-2-
NOW, THEREFORE, in furtherance of the Recitals stated above, incorporated herein by this reference, and the mutual covenants set forth below, Developer and City hereby amend the Quimby Agreement and agree, promise, and declare as follows:
1. Phase IV of the Project shall include 240 single family dwelling units, one community park, one pool, and other recreational amenities, within the existing footprint.
2. For Phase IV of the Project, Developer is required by City to provide 3.42 acres of parkland or its equivalent.
3. For Phase IV of the Project, Developer shall construct a 3.23-acre community park to be dedicated to City, with planned amenities to include a tot lot, basketball court, picnic shelter, multi-purpose field, restrooms, walking trail, exercise machines, and equestrian stop wit spilt rail fencing.
4. For Phase IV of the Project, Developer shall construct various HOA-maintained amenities such as a pool, recreation center, and restrooms on 0.61 acres of parkland.
5. A conceptual plan for Phase IV is attached as Exhibit A for reference purposes only.
6. This First Amendment does not modify any terms and conditions of the Quimby Agreement related to Phases I, II, or III of the Project; provided, however, the parties agree and acknowledge that the Quimby assessment for Phases I, II, and III collectively is calculated $124,541 which is the equivalent of 1.64 acres in-lieu fees for parkland.
7. General Provisions.
a. Counterparts. This First Amendment may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same agreement. The parties agree that each such counterpart is an original and shall be binding upon all parties, even though all of the parties are not signatories to the same instrument.
b. Effect of Amendment. For any conflict between the terms and conditions of the Quimby Agreement and this First Amendment, the provisions of this First Amendment shall apply and take precedence. Except as in conflict with this First Amendment, the terms and conditions set forth in the Quimby Agreement remain binding and in full force and effect. c. Severability. If any provision of this First Amendment is deemed to invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this First Amendment and the remaining provisions shall continue in full force and effect. d. Signature Authority. All individuals signing this First Amendment for a party which is a corporation, partnership, limited liability company, or other legal entity, or signing under a power of attorney or in any other Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 5
Menifee Mayor and City Council
April 17, 2024
Page
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-3-
legal capacity, covenant to the other parties hereto that he or she has the necessary capacity and authority to act for, sign, and bind the respective entity or principal on whose behalf he or she is signing. e. Effective Date. This First Amendment is made effective on the date of the last signature below.
[SIGNATURES ON FOLLOWING PAGE(S)]
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 6
Menifee Mayor and City Council
April 17, 2024
Page
170 of 1244
-4-
IN WITNESS WHEREOF, Developer and City have caused this First Amendment to be signed in their names and on their behalf by their duly authorized representatives.
Dated:
“City”
CITY OF MENIFEE, a California Municipal
Corporation
Armando G. Villa, City Manager
ATTEST:
_________________________________
Stephanie Roseen, Acting City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
_________________________________
Jeffrey T. Melching, City Attorney
Dated:
“Developer”
RICHLAND PLANNED COMMUNITIES,
INC., a California corporation
John C. Troutman, Vice President
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 7
Menifee Mayor and City Council
April 17, 2024
Page
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EXHIBIT A
-1-
EXHIBIT A
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 8
Menifee Mayor and City Council
April 17, 2024
Page
172 of 1244
EXHIBIT A
-2-
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 9
Menifee Mayor and City Council
April 17, 2024
Page
173 of 1244
AGREEMENT BETWEEN
THE CITY OF MENIFEE AND RICHLAND PLANNED COMMUNITIES
REGARDING COMPLIANCE OF TENTATIVE TRACT MAP NO. 31194
wrrH GovERNMENT CODE SECTTON 66477 (" QUTMBY ACT")
THIS AGREEMENT is entered into this ( il ary ot ltj\ ffvol" 201f, by and between the City of Menifee (" City") and Richland Planned Communities, lnc., a California corporation ( hereinafter referred to as " Developer") regarding Developer' s compliance with the Quimby Act, through dedication, construction and acceptance of a 5. 3s- acres of park identified ln Tentative Tract Map No. 31 194.
WHEREAS, the Developer is in the process of fulfilling all of the conditions of approval for Tentative Tract Map No. 31 194, including all condition nos., as accepted by the City and Developer, providing for payment of Quimby fees and provision of landscape maintenance; and,
WHEREAS, the conditions of approval for Tentative Tract Map No. 31 194 provide that the Developer take the steps necessary to form a financing mechanism for the maintenance of such parks; and,
WHEREAS, on December 17, 2014, the City adopted Ordinance No. 2014- 160, codified in Chapter 9. 55 of the Menifee Municipal Code (" MMC"), governing the payment of Quimby fees and/ or dedication of land to the City; and, WHEREAS, City of Menifee Municipal Code, Chapter 9. 55 (" Park Dedication or Quimby Fee Requirements for Residential Development Requiring a Tentative Map or Parcel Map") requires the payment of Park Development Fees ( Quimby Fees), adopted pursuant to Govt. Code Section 64777 lo mitigate the impacts of the project on existing public park and recreation facilities located near the project, and, WHEREAS, Developer' s project (" Golden Meadows Project") proposes 474 dwelling units, three parks, and two water quality basins within 206. 8 acres, and will be located west of the lnterstate 215 freeway, east of Evans Road, and south of Garbani Road; and,
WHEREAS, Developer is required to provide 7. 5 acres of parkland to meet its Quimby requirements; and,
WHEREAS, in order to satisfy the conditions of approval for Tentative Tract Map No. 31194, and in compliance with Menifee Municipal Code, Chapter 9, 55, the Developer has proposed to construct a 1) 3. 67- net acre park, which will be HOA maintained and will include a full- size soccer field, single- use restroom facility, children' s play structures, picnic tables, benches, shade shelter areas, drinking fountains, walking paths, trash receptacles, dog waste stations and parallel parking along the Park perimeter, for public use; 2) 1. s- net acre park, which will be HOA maintained, and include a small children' s play structure, passive turf areas, picnic shelter, walking paths and lighting, drinking fountains, picnic tables, benches, trash receptacles, and dog waste stations; and 3) 0. 73- net acre park, which will be HOA maintained, and include walking paths, picnic tables, RECITALS:
I
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 10
Menifee Mayor and City Council
April 17, 2024
Page
174 of 1244
benches, trash receptacles, a fenced dog park, and waste stations. When completed, these recreational facilities will satisfy a majority of the park and recreation ( Quimby) requirements for project construction; and,
WHEREAS, as stated in Resolution No. 16- 514, based on the average household size of 3. 164 people, for single- family dwellings ( with attached garages), number of units within the Golden Meadows Project ( 474 units), and the level of service standard of five 5) acres perthousand residents, the Developer is required to provide minimum dedication of 7. 5 acres of parkland; and,
WHEREAS, Developer has agreed to pay the City in- lieu fees for the balance of Quimby requirement of 2. 15 acres in the amount of $ 163, 685. 95; and, WHEREAS, the City has agreed that upon dedication and construction, the Developer will have fulfilled all Quimby Act requirements and condition of approval nos.
IINSERT CONDITION NUMBERSI for Tentative Tract Map No. 31 194; and, WHEREAS, the City shall, upon Developer' s dedications of the park in accordance with the timing and conditions referenced below, accept such dedication as full compliance with the Tentative Tract Map condition of all final approval nos. and all Quimby Act and/ or City requirements for 5. 35 acres of the 7. 5 acres required.
NOW, THEREFORE, the parties to this Agreement do mutually agree as follows I. RESPONSIBILITIES OF DEVELOPER
A. Developer shall build to an acceptable standard.
When designing and building the park, Developer agrees to follow the provisions of the City of Menifee Municipal Code, Chapter 9. 86 (" Park Design, Landscaping and Tree Preservation") and the guidelines adopted by the City.
B. Developer shall build the parks in a timely manner.
Park Plans.
First Park Plan Required. Priorto the issuance of the 60th building permit in the tract, the applicant shall submit a Final park plan to the City of Menifee Community Development Department for review and approval for the most adjacent park ( Lot 487, 488 or 489 as shown on the approved tentative map) to the phase being built as shown on the tentative map. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9. 86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15. 04 for water efficient landscaping.
Developer shall secure approval from the City of the park conceptual plan, approval of construction plans and construction, completion and acceptance ofthe Parks at the times set out for performance in accordance with City approved park conditions, as follows:
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 11
Menifee Mayor and City Council
April 17, 2024
Page
175 of 1244
First Park Construction. The park and amenities located within the first park shall be installed and open to the public prior to issuance of the 120th building permit ( all phases). The park and amenities shall be installed per City approved park plans. The park and amenities will be inspected by City staff to verify that this has occurred. Failure to comply with any deadline for the development of the improvements and/ or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. The Community Development Director shall have the ability to defer the installation of the park landscaping and amenities as noted below, but may require performance securities and additional deposits to cover administrative costs.
Second Park Plan Required. Prior to the issuance of the 180th building permit, the applicant shall submit a Final park plan to the City of Menifee Community Development Department for review and approval. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9. 86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15. 04 for water efficient landscaping.
Second Park Construction. The park and amenities located within the second park shall be installed and open to the public prior to issuance of the 240th building permit ( all phases). The park and amenities shall be installed per City approved park plans. The park and amenities will be inspected by City staff to verify that this has occurred. Failure to comply with any deadline for the development of the improvements and/ or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. The Community Development Director shall have the ability to defer the installation of the park landscaping and amenities as noted below, but may require performance securities and additional deposits to cover administrative costs.
Third Park Construction. The park and amenities located within the third park shall be installed and open to the public prior to issuance of the 360th building permit ( all phases). The park and amenities shall be installed per City approved park plans. The park and amenities will be inspected by City staff to verify that this has occurred. Failure to comply with any deadline for the development of the improvements and/ or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. The Community Third Park Plan Required. Prior to the issuance of the 300th building permit, the applicant shall submit a Final park plan to the City of Menifee Community Development Department for review and approval. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9. 86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15. 04 for water efficient landscaping.
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 12
Menifee Mayor and City Council
April 17, 2024
Page
176 of 1244
Development Director shall have the ability to defer the installation of the park landscaping and amenities as noted below, but may require performance securities and additional deposits to cover administrative costs.
Park Construction and Operation.
First Park Construction and Operation. Prior to issuance of the building permit in the Tract Map, the Park, as shown on the TENTATIVE MAP and Approved] EXHIBIT A, shall be constructed and open to the public. The landscaping, including irrigation, must be consistent with the approved landscaping plans.
Second Park Construction and Operation, Prior to issuance of the building permit in the Tract Map, the Park, as shown on the TENTATIVE MAP lApproved] EXHIBIT B, shall be constructed and open to the public.
The landscaping, including irrigation, must be consistent with the approved landscaping plans.
Before the issuance of the 240th building permit, Developer shall provide sufficient surety to guarantee that the improvements and/ or amenities set forth in the minor plot plan are completed and ready for public use within the timeframes specified above.
Third Park Construction and Operation. Prior to issuance of the building permit In the Tract Map, the Park, as shown on the TENTATIVE IVIAP and lApproved] EXHIBIT C, shall be constructed and open to the public. The landscaping, including irrigation, must be consistent with the approved landscaping plans.
Before the issuance of the 360th building permit, Developer shall provide sufficient surety to guarantee that the improvements and/ or amenities set forth in the minor plot plan are completed and ready for public use within the timeframes specified above.
A. Citv shall orovide tim ely assistance.
City shall make all reasonable efforts to provide all necessary inspections and document reviews within reasonable timeframes that assist the Developer.
B
1 Before the issuance of the 120th building permit, Developer shall provide sufficient surety to guarantee that the improvements and/ or amenities set forth in the minor plot plan are completed and ready for public use within the timeframes specified above.
II. RESPONSIBILITIES OF CITY
Citv shall credit Develooer' s dedication of park acreaqe and improvements aqainst Quimbv fees due.
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 13
Menifee Mayor and City Council
April 17, 2024
Page
177 of 1244
il.
tv.
Upon dedication of park acreage, construction of improvements, of this
5. 35 acres in park and improvements, Developer will have satisfied Quimby park requirements per the provisions of City of Menifee Municipal Code, Chapter 9. 55. Pursuant to Government Code Section 66477( a)( 2)( B( 9), the value of such dedicated park acreage, any improvements thereto, and any equipment located thereon shall be a credit against the payment of fees or dedication of Land.
ASSIGNEES AND SUCCESSORS- IN. INTEREST BOUND
Richland Planned Communities, a California corporation, its assigns and successors- in- interest, shall be bound by the terms and conditions contained in this Agreement.
MISCELLANEOUS
It is expressly understood and agreed by the Owner and the City that the laws of the State of California shall govern them and the interpretation of the Agreement and that any litigation brought because of, or involving this Agreement, shall be initiated exclusively in the Superior Court, Riverside County.
No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
This Agreement may be amended only in writing signed by both parties This Agreement constitutes the entire agreement of the parties and supersedes all other agreements, whether written or oral. However, this Agreement does not supersede any entitlements issued or related conditions of approval.
This Agreement may be executed in counterparts, each of which when so executed shall be deemed and original and all of which, when taken together, shall constitute one and the same instrument.
This Agreement inures to the benefit of and is binding upon, the Parties, and their respective heirs, successors and assigns,
The person( s) executing this Agreement on behalf of the parties hereto warrant that ( a) such party is duly organized and existing, ( b) they are duly authorized to execute and deliver this Agreement on behalf of said party, and ( c) by so executing this Agreement, such party is formally bound to the provisions of this Agreement.
B
C
D
E
F
H
5 ln the event of litigation to enforce this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees.
A.
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 14
Menifee Mayor and City Council
April 17, 2024
Page
178 of 1244
lN WITNESS WHEREOF, the Owner and the City have caused this Agreement to be signed in their names and on their behalf by their duly authorized representatives.
Dated rue- a!,-#"
City"
CITY OF MENIFEE, a California Municipal
rporation
Its: lrAv or' du Zu- re*, wl
Co
By:
Sa h t\ il anwann lerk
APPROVED AS TO FORIiI
RUT T CKER, LLP
cit orn v
Dated:, _ 2018
Owner"
Richland Planned Communities, a California
corporation
By
6 VUV
7 Print Name:_
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 15
Menifee Mayor and City Council
April 17, 2024
Page
179 of 1244
Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 16
Menifee Mayor and City Council
April 17, 2024
Page
180 of 1244
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Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 17
Menifee Mayor and City Council
April 17, 2024
Page
181 of 1244
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Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 18
Menifee Mayor and City Council
April 17, 2024
Page
182 of 1244
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Item Title: 10.7
Agreement Amendment with Richland Planned Communities, Inc. for Phase IV of Golden Meadows Quimby Agreement Item Page Number: 19
Menifee Mayor and City Council
April 17, 2024
Page
183 of 1244
CITY OF MENIFEE
SUBJECT: Improvement Credit Agreement for Community Facilities District No. 05-8 for Transportation Uniform Mitigation Fee Program for Tract Map No. 32628, Adler Ranch by FPG
Tricon Menifee Property, LLC
MEETING DATE: April 17, 2024
TO: Mayor and City Council
PREPARED BY: Steven Strapac, Assistant City 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 Improvement Credit Agreement with the County of Riverside and FPG Triton Menifee Property, LLC, for Community Facilities District No. 05-8 (“Scott Road CFD”) Transportation Mitigation Fee Program for Tract Map 32628, Adler Ranch, located east of Antelope Road and south of Craig Avenue.
DISCUSSION
FPG Triton Menifee Property, LLC (“Developer”), is the owner and developer of Tract Map No. 32628 (TM32628) for which a Final Map was recorded on November 13, 2007, as Instrument No. 2007-0685937. TM32628 consists of 303 multi-family residential units and is located east of Antelope Road and south of Craig Avenue, as shown in the attached project map.
TM32628 was approved by the County of Riverside (“County”) prior to the City’s incorporation and was conditioned by the County to participate in a funding mechanism that would provide a means of financing improvements required due to the development’s impacts to the area. This included construction of Scott Road improvements, Scott Road widening between Antelope and Briggs, and the widening of the interchange at Interstate 215 and Scott Road.
On April 4, 2006, the County adopted Resolution 2006-092 which established Community Facilities District No. 05-8 (CFD 05-8) known as the “Scott Road CFD”. Given that the Developer was conditioned to contribute to the financing of the Scott Road improvements, TM32628 was annexed into CFD 05-8. The same Scott Road improvements are also included and financially supported thorough developer fees paid toward the Transportation Uniform Mitigation Fee (TUMF) Regional System of Highways and Arterials. The proposed agreement is necessary as Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 1
Menifee Mayor and City Council
April 17, 2024
Page
184 of 1244
City of Menifee Staff Report
CFD 05-8 TUMF Credit Agreement, TM32628
April 17, 2024
2 0
5 9
the Scott Road improvements are included in both CFD 05-8 and TUMF, and the Developer cannot be assessed twice for its share of the Scott Road improvements.
The County, City, and Developer now desire to enter a CFD 05-8 (Scott Road CFD) Improvement Credit Agreement for TUMF Fee Program (“Agreement”) to provide a means by which the Developer’s participation in the Scott Road CFD is offset against the Developers obligation to pay the applicable TUMF for the TM32628 in accordance with the TUMF administrative plan. The proposed Agreement is a County-provided agreement that has been reviewed by both the City and the County. Upon City Council approval, the agreement would be presented by the County to their Board of Supervisors for Board approval.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact to the City associated with the recommended action. Assessments are levied and collected by the County for CFD 05-8. TUMF obligations are collected by Western Riverside Council of Governments (WRCOG) on behalf of the City. TM32628 is currently under construction and any final TUMF offset would be determined when all tract building permits have been issued and final reconciliation has been completed.
ATTACHMENTS
1. Project Map
2. Agreement
Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 2
Menifee Mayor and City Council
April 17, 2024
Page
185 of 1244
WILLOWOOD
WAY
TWILIGHTVISTADR
ROUGE
LN
GARBANI RD
HALEBLIAN RD
ANTELOPE RD
MISSION DR M
ENIFEE
RDHAUN RD
CRAIG AVEPLEASANT
VALLEY
AVE
§¨¦
215
^_
EVANSRD
SCOTT RD
GARBANI RD
NEWPORT RD
MURRIETA
RD
MENIFEE
RD
BRADLEY RD
AUDIE MURPHY RD
§¨¦215
Tract Map 36268
Adler Ranch
PROJECT MAP
Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program
for
Tract
Map
No.
32628,
Adler
Ranch
by
FPG
Tricon Menifee Property, LLC
Item Page Number: 3
Menifee Mayor and City Council
April 17, 2024
Page
186 of 1244
Trans Contract No. 23-09-004
COUNTY OF RIVERSIDE
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 05-8 (SCOTT ROAD CFD)
IMPROVEMENT CREDIT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
This IMPROVEMENT CREDIT AGREEMENT FOR TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM (this "Agreement") is entered into this_ day of ___ , 20_ by and between the County of Riverside, a political subdivis ion of the State of Calif ornia (the "Co un ty"), City of Menifee, an incorporated city within the boundaries of the County (the "City"), and FPO Tricon Menifee Property LLC, a Delaware limited liability company with its principal place of business at 27271 Las Ramblas, Suite 100 Mission Viejo, CA 92691 (the "Developer"). The County, the City, and the Developer are sometimes hereinafter referred to individually as "Party" and collectively as "Parties".
RECITALS
WHEREAS, the Developer owns Tract No. 32628, for which a Final Map was recorded on November 13, 2007 as Instrument No. 2007-0685937 (the "Tract") and is located within the City of Menifee, County of Riverside, California, as depicted in Exhibit "A," attached hereto and incorporated herein by this reference;
WHEREAS, the Tract consists of three hundred three (303) multi-family residential units; WHEREAS, the Tract was approved by County prior to City's incorporation, and was conditioned by County to participate in some form of funding mechanism, such as a Community Facilities District, that would provide a means of financing the construction of the following public facilities (the "Scott Road Improvements") that were determined by County to be necessary to mitigate the transportation and circulation needs that would result from the Tract:
(i) The widening of Scott Road to four lanes between
Antelope Road and Briggs Road including all associated
appurtenances and rights-of-way;
(ii) The widening of the interchange at Interstate 215 and Scott Road and the modification of the ramps to meet future
traffic demands including all associated appurtenances and rights-of-way;
(iii) The full width improvement to Scott Road from Antelope Road to State Route 79 including all associated
appurtenances and rights-of-way, bringing into
conformance said facility with the Transportation Uniform Mitigation Fee Program ("TUMF"), as amended from time
CFO 05-8 (Scott Road CFO)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
1 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 4
Menifee Mayor and City Council
April 17, 2024
Page
187 of 1244
Trans Contract No. 23-09-004
to time (collectively, the "Scott Road Improvements");
WHEREAS, the Riverside County Board of Supervisors (the "Board"), on April 4, 2006, (i) adopted Resolution No. 2006-092 establishing Community Facilities District No. 05-8 (Scott Road) of the County of Riverside ("Scott Road CFD") and authorizing the levy of a special tax to pay for the construction or financing of the Scott Road Improvements, (ii) adopted Resolution No. CFD 2006-02 determining the need to incur bonded indebtedness in an aggregate principal amount not to exceed $100,000,000 to finance the Scott Road Improvements, and (iii) called a special election for April 18, 2006, for the qualified electors of the Scott Road CFO to consider propositions dealing with the levy of the special tax and the incurrence of bonded indebtedness; WHEREAS, the Board, on April 25, 2006, canvassed the results of the special election and determined that the qualified electors voted and approved the propositions by more than two thirds of the votes cast and caused a Notice of Special Tax Lien for the Scott Road CFD to be recorded on May 4, 2006;
WHEREAS, County, by the adoption of Ordinance No. 824, as amended from time to time, established the Transportation Uniform Mitigation Fee Program which requires a developer to pay the fee (the "TUMF") which is set by said Ordinance and which is to be paid as a condition of receiving certification allowing for the occupancy of a residential or commercial structure; the TUMF is intended to represent a new structure's fair share of the estimated costs to construct those transportation improvements needed to mitigate the traffic impacts and burdens placed on the Regional System of Highways and Arterials ("RSHA") generated by a residential or commercial development and determined necessary to protect the safety, health and welfare of persons traveling to and from the such residential or commercial development using the RSHA; WHEREAS, the Tract is located within the boundaries of the Scott Road CFD, as shown on the Boundary Map of the Scott Road CFO recorded as Instrument No. 2006-0167553 on March 8, 2006, or within territory that has been annexed to the Scott Road CFD; WHEREAS, the Scott Road Improvements have been identified as part of the RSHA and to be among those facilities whose construction is to be financed by the collection of the TUMF; WHEREAS, the Rate and Method of Apportionment of Special Tax for the Scott Road CFD (the "RMA") that was approved by the Board and the qualified electors of the Scott Road CFD is intended to reflect the amount of the TUMF approved for any given fiscal year, beginning July 1, 2005, with the intent that each unit within a single-family residential tract and each unit within a multi-family residential development will receive a credit against the TUMF in an amount set forth in this Agreement;
WHEREAS, the Scott Road Improvements are to be constructed by the Riverside County Transportation Department as the lead agency, and from the proceeds of special taxes levied or the proceeds of special tax bonds issued by the Scott Road CFD; WHEREAS, on October 1, 2008, City incorporated, and the Tracts and improvements are CFO 05-8 (Scott Road CFO)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
2 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 5
Menifee Mayor and City Council
April 17, 2024
Page
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Trans Contract No. 23-09-004
included within City's municipal boundaries;
WHEREAS, City reduced the TUMF during calendar year 2010 but that reduction ended as of December 31, 201 0; and
WHEREAS, County, City and the Developer now desire to enter into this Agreement to provide a means by which Developer's participation in the Scott Road CFD is offset against Developer's obligation to pay the applicable TUMF (the "TUMF Credit") for the Tract in accordance with the TUMF administrative plan.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer, County, and City hereby agree as follows:
TERMS
1.0 Incorporation of Recitals. The Parties hereby affinn the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Construction of Improvements. County and City shall be responsible for constructing the Scott Road Improvements.
3.0 TUMF Credit.
3.1 TUMF Credit for Single-Family Residential Development: (Not Applicable) The Developer obtained the first building permit for a "production unit" located within the Tract on _____ , 20_. The TUMF in effect on July 1st preceding the issue date of said first building permit was $ ___ per single-family residential unit. Each single-family residential unit within the Tract is to receive a credit, which is the lesser of (a) the amount equal to the TUMF in effect on said July 1st or (b) the amount equal to 100% of the TUMF charged at issuance of a certificate of occupancy for said unit (the "TUMF Credit Amount"). At no time shall the TUMF Credit Amount exceed 100% of the TUMF charged for said unit. The Developer understands that the TUMF is adjusted annually, and the Developer agrees that should the TUMF in effect on the date it secures a certificate of occupancy for each single-family residential unit constructed on a lot within the Tract is greater than the TUMF Credit Amount for said unit, the Developer will be obligated to pay the differential amount in cash prior to securing the certificate of occupancy for said unit.
3.2 TUMF Credit for Multi-family Residential Development: The Developer obtained the first building permit for a "production unit" located within the Tract on May 18, 2023.
The TUMF in effect on July 1st preceding the issue date of said first building pennit was $6,580 per multi-family residential unit. Each multi-family unit within the Tract is to receive a credit, which is the lesser of (a) the amount equal to the TUMF in effect on said July pt or (b) the amount equal to 100% of the TUMF charged at issuance of a certificate of occupancy for said unit (the "TUMF Credit Amount"). At no time shall the TUMF Credit Amount exceed 100% of the TUMF charged for said unit. The Developer understands that the TUMF is adjusted annually, and the Developer agrees that CFD 05-8 (Scott Road CFD)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
3 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 6
Menifee Mayor and City Council
April 17, 2024
Page
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Trans Contract No. 23-09-004
should the TUMF in effect on the date it secures a certificate of occupancy for each multi-family residential unit constructed on said Parcels within the Tract is greater than the TUMF Credit Amount for said unit, the Developer will be obligated to pay the differential amount in cash prior to securing the certificate of occupancy for said unit.
4.0 Miscellaneous.
4.1 Assignment. Developer may assign all or a portion of its rights pursuant to this Agreement to a purchaser of one or more lots within the Tract (an "Assignment").
Developer and such purchaser and assignee (the "Assignee") shall provide to the County and City such reasonable proof as each of them may require that the Assignee is the purchaser of said lots within the Tracts. Any assignment pursuant to this paragraph 4.1 shall not be effective unless and until Developer and Assignee have executed an assignment agreement with County and with City in a form reasonably acceptable to both County and City, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (i) Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including credits up to the Maximum TUMF Credit for each single-family residential unit developed on a lot within the Tract or for each multi-family residential unit developed on a parcel within the Tract purchased by the Assignee pursuant to this Agreement and (ii) the Assignee shall be bound by all applicable provisions of this Agreement.
4.2 Relationship between the Pa11ies. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency among County, City, and Developer, or between any of the Parties.
4.3 Indemnification. Developer agrees to protect, indemnify, defend and hold the Community Facilities District, County and City, and their respective directors, officers, Legislative Body, Board of Supervisors, City Council, elected and appointed officials, employees, representatives, and agents (the "Indemnified Parties"), and each of them harmless from and against any and all claims, including, but not limited to, third-party claims, and against any and all losses, liabilities, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the Indemnified Parties or any combination thereof may suffer or which may be sought against or recovered or obtained from the Indemnified Parties, or any combination thereof, as a result of or by reason of or arising out of or in consequence of any acts, omissions, negligence, or willful misconduct of Developer, its employees, or agents in connection with (a) the approval or performance of this Agreement, (b) the awarding of credit pursuant to or on account of this Agreement, and/or ( c) the untruth or inaccuracy of any representation or warranty made by said Developer in this Agreement. If said Developer fails to do so, the Indemnified Parties, or each of them, shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorney's fees or court costs, to and recover the same from said Developer.
The provisions of this Section shall survive the termination discharge or other termination of this Agreement.
CFD 05-8 (Scott Road CFD)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
4 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 7
Menifee Mayor and City Council
April 17, 2024
Page
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Trans Contract No. 23-09-004
4.4 Warranty as to Property Ownership; Authority to Enter Agreement.
Developer hereby warrants that it owns fee title to the Tract and that it has the legal capacity to enter into this Agreement. Each Party separately warrants that the individual(s) who have signed this Agreement on behalf of such Party has the legal power, right, and authority to enter into this Agreement on behalf of such Party, and each individual signing this Agreement has been duly authorized to do so on behalf of said Party.
4.5 Prohibited Interests. Developer represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, or any parent or related entity of Developer, to solicit or secure this Agreement.
Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this representation and warranty, County and City shall each have the right to rescind this Agreement without liability.
4.6 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
To County:
To City:
To Developer:
Riverside County
Transportation Department
Attention: Alvin Medina
4080 Lemon Street, 8th Floor
Riverside, CA 92501
Phone No. (951) 955-1667
City of Menifee
Attention: Nick Fidler
29844 Haun Road
Menifee, CA 92586
Phone No. (951) 672-6777
FPG Tricon Menifee Property LLC
Attention: Bryan Bergeron
27271 Las Ramblas, Suite 100
Mission Viejo, CA 92691
Phone No. (714) 722-1170
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time successfully sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
4.7 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, CFD 05-8 (Scott Road CFD)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
5 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 8
Menifee Mayor and City Council
April 17, 2024
Page
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Trans Contract No. 23-09-004
appropriate, or convenient to attain the purposes of this Agreement.
4.8 Construction; References: Captions. It is agreed that the Parties and their agents, including legal counsel, have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and that any ambiguity shall not be construed against either Party as the Party responsible for drafting this Agreement. Any term referencing time, days, or period for performance shall be deemed calendar days and not business days. All references to Developer include all personnel, employees, and agents of Developer, except as otherwise specified in this Agreement. All references to County and City include its elected and appointed officials, Board, City Council, officers, employees, and agents except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
4.9 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties.
4.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
4.11 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
4.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation of the Parties under this Agreement.
4.13 [nvalidity; Severabiljty. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
4.14 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
CFD 05-8 (Scott Road CFD)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
6 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 9
Menifee Mayor and City Council
April 17, 2024
Page
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Trans Contract No. 23-09-004
4.15 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
4.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
4.17 Entire Agreement. This Agreement contains the entire agreement between County, City and Developer with respect to matters specifically addressed herein and supersedes any prior oral or written statements or agreements between County, City and Developer with respect to such matters.
[Signatures of Parties on Next Page]
CFD 05-8 (Scott Road CFD)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
7 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 10
Menifee Mayor and City Council
April 17, 2024
Page
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Trans Contract No. 23-09-004
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
CITY OF MENIFEE:
By: ___________ _
Armando G. Villa, City Manager
APPROVED AS TO FORM:
By: ------------
Jeffrey Melching, City Attorney
ATTEST:
By:------------
Stephanie Roseen, Acting City Clerk
DEVELOPER:
FPG Tricon Menifee Property LLC, a Delaware
limited liability company
By: FPG Tricon Menifee Holdings LLC, a
Delaware limited liability company, it's Sole
Member
By: FPG INVESTORS B2, LLC, a California
limited liability company, its Manager
Bryan Bergeron
Vice President
[Signatures continued on next page]
CFD 05-8 (Scott Road CFO)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
8 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 11
Menifee Mayor and City Council
April 17, 2024
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On January 3, 2024 before me, K. Yarter, Notary Public
(insert name and title of the officer)
personally appeared _B_ ry_a_n_B_e_r_g_e_r_o_n ____________________ _ who proved to me on the basis of satisfactory evidence to be the personfst whose namefst is.Lafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hoF/their authorized capacity�, and that by his/her/their signaturefst on the instrument the personfst, or the entity upon behalf of which the personfst acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __ \L __ · ,i�-k _______ _ (Seal)
1············f�•.. K. YARTER
- Notary Public - California
i � ?. Orange County I s Commission # 2432192 -
• , �• My Comm. Expires Dec 25, 2026
Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 12
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April 17, 2024
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COUNTY OF RIVERSIDE:
RECOMMENDED FOR APPROVAL:
By:----------
Patricia Romo
Interim Director of Transportation
APPROVED AS TO FORM:
By: ________ _
Stephanie Nelson
Deputy County Counsel
APPROVAL BY THE COUNTY BOARD OF
SUPERVISORS:
By: ________ _
Kevin Jeffries
Chairman, County Board of Supervisors
ATTEST:
Kimberly Rector
Clerk of the Board
By: __________ _
Deputy
CFD 05-8 (Scott Road CFD)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
Trans Contract No. 23-09-004
9 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 13
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April 17, 2024
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Trans Contract No. 23-09-004
EXHIBIT "A"
FINAL TRACT MAP AND VICINITY MAP
[ATTACHED BEHIND THIS PAGE]
CFD 05-8 (Scott Road CFD)
3-Party TUMF Improvement Credit Agreement
FPG Tricon Menifee Property LLC
Tract No. 32628
10 Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 14
Menifee Mayor and City Council
April 17, 2024
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The Counly of Riverskle assumes no warranty or legal rasponsibility for the information contained on this map. Data and infom,ation represented on this map is subject to updates, modirications and may not be complete or appropriate for all purpoSRs. County GIS and olher sources should be queried for the most current information Do not copy or resell this map
Item Title: 10.8
Improvement
Credit
Agreement
for
Community
Facilities
District
No.
05-8
for
Transportation
Uniform
Mitigation
Fee
Program for Tract Map No. 32628, Adler Ranch by FPG Tricon Menifee Property, LLC Item Page Number: 15
Menifee Mayor and City Council
April 17, 2024
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CITY OF MENIFEE
SUBJECT: Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC
MEETING DATE: April 17, 2024
TO: Mayor and City Council
PREPARED BY: Haile Ford, 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 Public Improvement Agreement to guarantee the completion of required street and drainage improvements associated with Assessor Parcels 333-040-002, 333-040-003, and 333-040-004, for the Encanto/McCall Gas Station, located west of Encanto Drive and north of McCall Boulevard.
DISCUSSION
The Encanto/McCall Gas Station (“Project”) is the proposed development of a 2.1-acre parcel into a gas station, convenience store, automated drive-thru car wash, and a drive-thru fast-food restaurant. The Project is located on the west side of Encanto Drive and north of McCall Boulevard.
KA Menifee, LLC (“Developer”), is now requesting the approval of a Public Improvement Agreement (“PIA”) as required by the Project’s conditions of approval. The PIA requires that an improvement bond be posted to guarantee the completion of the required public improvements within 24 months from the City Council approval date of the PIA.
Staff has reviewed the Developer’s request and determined that the PIA meets the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required improvements is shown in Table1 below.
Table 1- Encanto/McCall Gas Station – Street and Drainage Improvements Improvement Bond No. Faithful Performance Labor & Materials Street and Drainage 4467238 $ 1,466,500 $ 733,250
Total $ 1,466,500 $ 733,250
Item Title: 10.9
Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC Item Page Number: 1
Menifee Mayor and City Council
April 17, 2024
Page
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City of Menifee Staff Report
Encanto/McCall Gas Station - PIA
April 17, 2024
2 1
2 0
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Project Map
2. Agreement
3. Bond
Item Title: 10.9
Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC Item Page Number: 2
Menifee Mayor and City Council
April 17, 2024
Page
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PROJECT MAP
Encanto / McCall Gas Station
Item Title: 10.9
Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC Item Page Number: 3
Menifee Mayor and City Council
April 17, 2024
Page
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AGREEMENT
FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IP21-057 APN: 333-040-002,003,004
This Agreement for Construction of Street and Drainage Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and KA Menifee, LLC, Capital Financial Group, Inc. Defined Benefit Pension Trust, KAASSI International, Inc.Defined Benefit Pension Trust & K Z A, Inc Defined Benefit Pension Trust, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as APN: 333-040-002,003,004 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all street and drainage improvements in accordance with those Street and Drainage Improvement Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer.
Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of One Million Four Hundred Sixty-Six Thousand Five Hundred and 0/100 Dollars, ($1,466,500.00), ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees ha ve not yet been assessed and are not yet due and payable. The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the street and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property Item Title: 10.9
Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC Item Page Number: 4
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Item Title: 10.9
Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC Item Page Number: 5
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Item Title: 10.9
Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC Item Page Number: 6
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Item Title: 10.9
Agreement and Bond for Encanto/McCall Gas Station by KA Menifee, LLC Item Page Number: 7
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CITY OF MENIFEE
SUBJECT: Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing
MEETING DATE: April 17, 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. Receive an update and ratify contract Change Order Nos. 1 through 8 with Riverside Construction Company, Inc., for construction services on the Holland Road/I-215 Overcrossing, in the amount of $108,012.25 pursuant to Menifee Municipal Code §3.12.090; and
2. Approve and authorize the City Manager to execute Contract Change Order No. 9 with Riverside Construction Company, Inc. for construction services on the Holland Road/I-215 Overcrossing, in the amount of $35,000, increasing the contract value to a total amount not- to-exceed $25,991,416.10.
DISCUSSION
The Holland Road / I-215 Overcrossing, Capital Improvement Program (CIP) Project No. 13-03 (“Project”) is the construction of a four-lane bridge and road over the Interstate 215 from Haun Road to Hanover Lane connecting the City’s east and west sides. The Project improvements also include construction of Mechanically Stabilized Earth (MSE) retaining walls on the east side, drainage, irrigation, and landscaping improvements, and installation of two traffic signals at Haun Road and Hanover Lane.
On October 19, 2022, the City Council approved a construction budget of $27,647,109 and awarded the construction services contract to Riverside Construction Company, Inc. (“Contractor”) in the amount of $25,848,403.85. 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, utility conflicts discovered during construction activities, Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 1
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April 17, 2024
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CIP 13-03 Contract Change Orders
April 17, 2024
2 1
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design clarifications, and additional expenses to comply with contract documents can result in additional work outside of the original scope and contract amount.
Pursuant to Menifee Municipal Code §3.12.090, change orders in an amount greater than 10% of the contract amount or that exceed $25,000 must be approved by the City Council. In keeping with the provisions of the Menifee Municipal Code, Contract Change Order (CCO) No. 2 and CCO No. 9. associated with the Project require ratification / approval by the City Council.
CCO No. 2 provided for time and materials-based work, monitored by inspectors throughout the duration of the project including additional traffic control measures and other work required to address unknown underground utility conflicts and unanticipated safety elements identified during the course of construction.
CCO No. 9 is the result of an administrative compliance requirement which establishes a project Dispute Board Resolution (DRB) in accordance with the 2018 Caltrans Standard Specifications 5-1.43E. The DRB is required for projects within Caltrans right-of-way and is utilized for the timely resolution of disputes that arise out of the Project work and is necessary to pursue a claim, file for arbitration, or file for litigation. The DRB is composed of three impartial professional expert members selected by the City and Contractor. Pursuant to the 2018 Caltrans Standard Specification 5-1.43E(i), the City is required to reimburse the Contractor for half of the invoice costs to the DRB and half of the costs of any outside technical services. To date, there have been three DRB disputes related to unknown conditions or unclear plans/specifications claimed by the contractor including:
1. Unknown conditions related to drilling of Cast-in-place Holes (CIDH) piles.
2. Foundation rebar bid item and payment (not CIDH).
3. Time Related Overhead (TRO) for delays associated with unknown conditions.
Item 2 referenced above has been resolved in favor of the City, while items 1 and 3 are still pending a determination. CCO No.9 would ensure that adequate funding is available in the Project budget to meet this administrative requirement. The approval of CCO No. 9 would increase the total not-to-exceed value of the contract to $25,991,416.10.
To provide a full picture of the Project costs to date, a summary of CCO Nos. 1-9 is outlined in Table 1 on the following page. Continued progress in completion of the required Project work requires ratification of the CCO No. 1-8 and approval of COO No. 9.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 2
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April 17, 2024
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CIP 13-03 Contract Change Orders
April 17, 2024
2 1
4 1
Table 1 - Contract Activity Summary
Contract
Activity
Approval Date Summary of Changes Amount
Original
Contract
October 19,
2022
Construction services $25,848,403.85
CCO No. 1 April 17, 2023 12” C900 DR 14 Fusible
Pipe
$20,537.39
CCO No. 2 May 15, 2023 Extra Work for
miscellaneous items
$49,000.00
CCO No. 3 May 31, 2023 Irrigation Modifications
Plan IP-5
($9,000.00)
CCO No. 4 July 27, 2023 Adjustment of Girder
Flare Thickness
$0.00
CCO No. 5 September 5,
2023
Misc. Extra Work T&M $16,824.94
CCO No. 6 September 21,
2023
Misc. Extra Work T&M
(EMWD)
$3,412.35
CCO No. 7 December 13,
2023
DB Electric Extra Work
for Frontier
$17,892.61
CCO No. 8 January 26,
2024
Modify bridge utility
opening and provide
additional rebar; perform
exothermic welding at
the bridge
$9,344.96
CCO No. 9 PENDING Caltrans required DRB
budget
$35,000.00
TOTAL $25,991,416.10
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The total of all the CCO’s (1-9) is $143,012.25 or 0.55% of the total contract amount, well below the 10% threshold established in Menifee Municipal Code. The fiscal impact of the proposed CCO No. 9 is $35,000. The funding required to support the proposed change order is available in the adopted Project budget, as summarized in Table 2 below.
Table 2 - Existing Project Funding
Fund Project Account No. Available Budget
Menifee Valley
RBBD
Holland Road/I-215 Overcrossing 415-4555-58021 $415,496.40 No additional budget appropriation action(s) is required.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 3
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April 17, 2024
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ATTACHMENTS
1. Project Location Map
2. CCO No. 9
3. CCO No. 1
4. CCO No. 2
5. CCO No. 3
6. CCO No. 4
7. CCO No. 5
8. CCO No. 6
9. CCO No. 7
10. CCO No. 8
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 4
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April 17, 2024
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215
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 5
Menifee Mayor and City Council
April 17, 2024
Page
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DATE: 1/23/2024
PROJECT DESCRIPTION:
PROJECT NO: CIP 13-03 PURCHASE ORDER NO: 04396
CONTRACTOR:
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the fol lowing described work not included in the Plans and Specifications for this project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL 1 LS 1 35,000.00 $35,000.00
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $35,000.00 JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) Establish Dispute Resolution Board (DRB) in accordance with Standard Specifications Section 5-1.43E, Alternative Dispute Resolution, and Section 5-1.43E(3) Dispute Resolution Board.
The Dispute Resolution Board Agreement as specified in Section 5-1.43E(1)(a), "General," of the Standard Specifications shall be completed by the City, the Contractor, and the DRB members.
Compensation for this change shall be in accordance with Standard Specifications Section 5-1.43E(1)(i) "Payment." CONTRACT CHANGE ORDER NO. 09
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
Holland Road Overcrossing at Interstate 215
Establish Dispute Resolution Board (DRB) budget.
Riverside Construction Company
This document shall become an amendment to the Contract and all provisions of the Contract w ill apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensati on related to or affected by work that is the subject of thi s Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.
C:\Users\phann\Downloads\CCO 09
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 6
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April 17, 2024
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CONTRACT CHANGE ORDER NO. 09
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT VARIANCE SUMMARY
CCO # Amount %
01 $20,537.39 0.08%
02 $49,000.00 0.19%
03 ($9,000.00) -0.03%
04 $0.00 0.00%
05 $16,824.94 0.07%
06 $3,412.35 0.01%
07 $17,892.61 0.07%
08 $9,344.96 0.04%
09 $35,000.00 0.14%
Totals $143,012.25 0.55%
$25,848,403.85 January 10, 2023
$108,012.25 March 28, 2024
$35,000.00 0
$25,991,416.10 March 28, 2024
AUTHORIZATION BY CITY:
Recommended for approval by:
Date: __________ Date: __________
Approved by:
Date: __________ Date: ___________
ACCEPTANCE BY CONTRACTOR:
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby ag ree that said work is a supplement to the contract and all provisions will apply hereto.
Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
City Manager
Nicolas Fidler
Cyrus Shahinpar, Southstar Construction Manager Carlos E. Geronimo, City Project Manager Armando G. Villa
12/13/2023
Previous Change Order Amounts:
Current Change Order Amount:
Modify bridge utility opening and
provide additinal rebar; perform
exothermic welding at the bridge
Revised Contract Amount:
12" C900 DR 14 Fusible Pipe
Extra Work for miscellaneous items
0 0
0 9/21/2023
DB Electric Extra Work for Frontier
Director of Public Works/Engineering
___________________________________
___________________________________________ _
__________________________________________________________________________ 0 Original Contract Amount:
Increased Girder Flare Thickness
Misc. Extra Work T&M
Misc. Extra Work T&M (EMWD)
Establish Dispute Resolution Board
(DRB) budget
Irrigation Modifications Plan IP-5
0 0
Additional Time
9/5/2023
0 0
Description Date Approved
4/17/2023
5/15/2023
5/31/2023
7/27/2023
Date Started:
Original Completion Date:
Additional Time (Working Days)
Revised Completion Date:
0 0
C:\Users\phann\Downloads\CCO 09
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 7
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April 17, 2024
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DATE: 4/5/2023
PROJECT DESCRIPTION:
PROJECT NO: CIP 13-03 PURCHASE ORDER NO: 04396
CONTRACTOR:
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herein described changes from the plans and specific ations and/or perform the fol lowing described work not included in the Plans and Spec ifications for this project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL 1 LS 145' $20,537.39
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $20,537.39 JUSTIFICATION: (Be specific on each item. Atta ch supporting documents as necessary) No additional Working Days will be required to perform this work.
The Holland Rd. Water, Sewer and Recycled Water Utility project (Project) plans call for 12" C900 DR 18 domestic water pipe to be installed between
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.
Holland Road Overcrossing at Interstate 215
12" C900 DR 14 Fusible Pipe
Riverside Construction Company
CONTRACT CHANGE ORDER NO. 01
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
approximate station 20+00 and station 21+30. A proposed storm drain pipe will cross the domestic water line at three locations between the above mentioned stations. EMWD does not allow water pipe joints within 10' on each side of the storm drain pipe. Three sections of fu sible C900 DR 14 pipe (45' each) will be needed to replace the section of the C900 DR 18 pipe between the above mentioned stations.
Riverside Construction Company was able to procure the fusible pipe at a more favorable price and deliverty schedule than the C ontractor for the Project.
C:\Users\phann\OneDrive - Southstar Engineering & Consulting, Inc\Desktop\CCO 01 DocuSign Envelope ID: 49CBA2AA-5A54-43DC-B15D-978030049378 DocuSign Envelope ID: A6469DF1-4F62-4EB1-B1B3-17C89983DD97 DocuSign Envelope ID: D333E7E9-1A8A-450A-A614-492151F06337 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 8
Menifee Mayor and City Council
April 17, 2024
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CONTRACT CHANGE ORDER NO. 01
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT VARIANCE SUMMARY
CCO # Amount %
01 $20,537.39 0.08%
Totals $20,537.39 0.08%
$25,848,403.85 January 10, 2023
$0.00 March 28, 2024
$20,537.39 0
$25,868,941.24 March 28, 2024
AUTHORIZATION BY CITY:
Recommended for approval by:
Date: __________ Date: __________
Approved by:
Date: __________ Date: ___________
ACCEPTANCE BY CONTRACTOR:
We, the undersigned Contractor, have given careful considerati on to the above described changes and/or extra work and hereby ag ree that said work is a supplement to the contract and all provisions will apply hereto.
Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Date Started:
Original Completion Date:
Additional Time (Working Days)
Revised Completion Date:
0 Description Date Approved
0 Additional Time
Director of Public Works/Engineering
___________________________________
___________________________________________ _
__________________________________________________________________________ Original Contract Amount:
City Manager
Nicolas Fidler
Amr Abuelhassan, Southstar Construction Manager Carlos E. Geronimo, City Project Manager Armando G. Villa
Previous Change Order Amounts:
Current Change Order Amount:
Revised Contract Amount:
12" C900 DR 14 Fusible Pipe
C:\Users\phann\OneDrive - Southstar Engineering & Consulting, Inc\Desktop\CCO 01 DocuSign Envelope ID: 49CBA2AA-5A54-43DC-B15D-978030049378 Ryan Camp - Projects Manager
4/14/2023
DocuSign Envelope ID: A6469DF1-4F62-4EB1-B1B3-17C89983DD97 4/17/2023
DocuSign Envelope ID: D333E7E9-1A8A-450A-A614-492151F06337 4/17/2023
4/17/2023
4/20/2023
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 9
Menifee Mayor and City Council
April 17, 2024
Page
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$17,858.60
Markup 15% $ 2,678.79
Total = $20,537.39
DocuSign Envelope ID: 49CBA2AA-5A54-43DC-B15D-978030049378 DocuSign Envelope ID: A6469DF1-4F62-4EB1-B1B3-17C89983DD97 DocuSign Envelope ID: D333E7E9-1A8A-450A-A614-492151F06337 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 10
Menifee Mayor and City Council
April 17, 2024
Page
229 of 1244
DATE: 5/2/2023
PROJECT DESCRIPTION:
PROJECT NO: CIP 13-03 PURCHASE ORDER NO: 04396
CONTRACTOR:
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL 1 $49,000.00
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $49,000.00 JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) but not limited to, safety, traffic, utility conflicts and unforseen underground objects.
Payment will be made at Force Account in accordance with Section 9-1.04 of the State Standard Specifications.
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.
Holland Road Overcrossing at Interstate 215
Extra Work for maintaining traffic and for miscellaneous items, including Riverside Construction Company
CONTRACT CHANGE ORDER NO. 02
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
As directed by the Engineer and in accordance with the applicable sections of the Special Provisions, the Contractor will be compensated for extra work at force account for maintaining traffic and for miscellaneous items, including but not limited to, safety, traffic, utility conflicts and unforseen underground objects.
DocuSign Envelope ID: 1AE02D91-5810-46D1-9C39-B7F58EE628C8 DocuSign Envelope ID: 89BC2E94-46D1-4D3C-830E-E5B37A420A6D Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 11
Menifee Mayor and City Council
April 17, 2024
Page
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CONTRACT CHANGE ORDER NO. 02
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT VARIANCE SUMMARY
CCO # Amount %
01 $20,537.39 0.08%
02 $49,000.00 0.19%
Totals $69,537.39 0.27%
$25,848,403.85 January 10, 2023
$20,537.39 March 28, 2024
$49,000.00 0
$25,917,941.24 March 28, 2024
AUTHORIZATION BY CITY:
Recommended for approval by:
Date: __________ Date: __________
Approved by:
Date: __________ Date: ___________
ACCEPTANCE BY CONTRACTOR:
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto.
Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Date Started:
Original Completion Date:
Additional Time (Working Days)
Revised Completion Date:
0 Description Date Approved
0 0
Additional Time
Director of Public Works/Engineering
_________________________________________________________________________________ __________________________________________________________________________ Original Contract Amount:
City Manager
Nicolas Fidler
Amr Abuelhassan, Southstar Construction Manager Carlos E. Geronimo, City Project Manager Armando G. Villa
Previous Change Order Amounts:
Current Change Order Amount:
Revised Contract Amount:
12" C900 DR 14 Fusible Pipe
Extra Work for miscellaneous items
DocuSign Envelope ID: 1AE02D91-5810-46D1-9C39-B7F58EE628C8 5/10/2023
Ryan Camp - Projects Manager
DocuSign Envelope ID: 89BC2E94-46D1-4D3C-830E-E5B37A420A6D 5/10/2023
5/11/2023
5/11/2023
5/15/2023
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 12
Menifee Mayor and City Council
April 17, 2024
Page
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DATE: 5/17/2023
PROJECT DESCRIPTION:
PROJECT NO: CIP 13-03 PURCHASE ORDER NO: 04396
CONTRACTOR:
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL 1 LS 1 60,000.00 $60,000.00
2 LS 1 40,000.00 ($40,000.00)
3 LS 1 29,000.00 ($29,000.00)
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: ($9,000.00) JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary)
The project's Contract includes two similar bid items #173 and #176 "Maintain Existing Planted Areas (Extra Work)" for modifications to the irrigation system on the north side of Holland Road east of Antelope Road (extra work is paid at force account). The project Special Provisions do not specify how payments for these two bid items are made. The Engineer reviewed the scope of work necessary for the irrigation system modifications and determined that work can be performed at a lower price than the bid items, and the City will realize a net cost savings on this scope. The project construction team, the Contractor and the City agreed to eliminate these two bid items and pay for the irrigation modifications at force account.
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
Holland Road Overcrossing at Interstate 215
Perform existing irrigation system modifications per plan sheet IP-5 at Force Account.
Riverside Construction Company
Delete Contract Bid Item #173 "Maintain Existing Planted Areas (Extra Work)" Delete Contract Bid Item #176 "Maintain Existing Planted Areas (Extra Work)" CONTRACT CHANGE ORDER NO. 03
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.
No additional Working Days will be required to perform this work.
C:\Users\phann\Downloads\CCO 03
DocuSign Envelope ID: 5F2ACCDB-FD1B-4704-AD55-2EF9C3514574 DocuSign Envelope ID: 90DEA98E-9E07-4F99-8386-2AE147A8A30C Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 13
Menifee Mayor and City Council
April 17, 2024
Page
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CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 03
CONTRACT VARIANCE SUMMARY
CCO # Amount %
01 $20,537.39 0.08%
02 $49,000.00 0.19%
03 ($9,000.00) -0.03%
Totals $60,537.39 0.24%
$25,848,403.85 January 10, 2023
$69,537.39 March 28, 2024
($9,000.00) 0
$25,908,941.24 March 28, 2024
AUTHORIZATION BY CITY:
Recommended for approval by:
Date: __________ Date: __________
Approved by:
Date: __________ Date: ___________
ACCEPTANCE BY CONTRACTOR:
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto.
Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Additional Time (Working Days)
Revised Completion Date:
0 Date Started:
Original Completion Date:
0 Description Date Approved
Director of Public Works/Engineering
___________________________________
____________________________________________
__________________________________________________________________________ City Manager
Nicolas Fidler
Amr Abuelhassan, Southstar Construction Manager Carlos E. Geronimo, City Project Manager Armando G. Villa
Irrigation Modifications Plan IP-5
0 0
Additional Time
Revised Contract Amount:
12" C900 DR 14 Fusible Pipe
Extra Work for miscellaneous items
Previous Change Order Amounts:
Current Change Order Amount:
Original Contract Amount:
C:\Users\phann\Downloads\CCO 03
DocuSign Envelope ID: 5F2ACCDB-FD1B-4704-AD55-2EF9C3514574 5/30/2023
Ryan Camp - Projects Manager
DocuSign Envelope ID: 90DEA98E-9E07-4F99-8386-2AE147A8A30C 5/31/2023
5/31/2023
5/31/2023
5/31/2023
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 14
Menifee Mayor and City Council
April 17, 2024
Page
233 of 1244
DocuSign Envelope ID: 5687BC69-50DC-47D9-8E39-0D64718924BB
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 04
DATE: 7/17/2023
PROJECT DESCRIPTION: Holland Road Overcrossing at Interstate 215 PROJECT NO:
CONTRACTOR:
CIP 13-03 PURCHASE ORDER NO: 04396
Riverside Construction Company
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL
Increase girder flare thickness to 20" at the interior flares and 22" at the exterior flares.1 LS 1 0.00 $0.00
RFI No. 31
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $0.00
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.
JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary)
1. Per RFI No. 31 (Exhibit B), the Contractor requests to enlarge the flare thicknesses for ease of installation of the anchors in the post-tensioning shop drawings (Exhibit A). The engineer of record takes no exception to this change, and the City will not bear any cost as the result of this change.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 15
Menifee Mayor and City Council
April 17, 2024
Page
234 of 1244
DocuSign Envelope ID: 5687BC69-50DC-47D9-8E39-0D64718924BB
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 04
CONTRACT VARIANCE SUMMARY
CCO # Description Amount % Additional Time Date Approved 01 02
12" C900 DR 14 Fusible Pipe
Extra Work for miscellaneous items
$20,537.39
$49,000.00
0.08%
0.19%
0 0
03 04
Irrigation Modifications Plan IP-5
Increased Girder Flare Thickness
($9,000.00)
$0.00
-0.03%
0.00%
0 0
Totals $60,537.39 0.24% 0
Original Contract Amount: $25,848,403.85
$69,537.39
$0.00
Date Started: January 10, 2023
March 28, 2024
0 Previous Change Order Amounts:
Current Change Order Amount:
Original Completion Date:
Additional Time (Working Days)
Revised Contract Amount: $25,917,941.24 Revised Completion Date: March 28, 2023 AUTHORIZATION BY CITY:
Recommended for approval by:
Date:7/27/2023 7/27/2023_________________
nstruction Manager
Approved by:
_____________________ Date:7/27/2023
________________ Date:7/27/2023
Director of Public Works/Engineering City Manager
ACCEPTANCE BY CONTRACTOR:
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto. 7/27/2023Accepted by: Date:
Ryan Camp - Projects Manager
Please print name and title
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 16
Menifee Mayor and City Council
April 17, 2024
Page
235 of 1244
INSTALLATION PROCEDURE
1. PREASSEMBLE THE MULTIPLANE ANCHOR, BOLTED SPIRAL, AND PE TRUMPET. LIGHTLY GREASE MOUNTING STUDS TO FACILITATE REMOVAL.
GROUT VALVE HIGH POINT NOTE:
GROUT TUBE IS TO BE PLUGGED WITH GROUT PLUG
PRIOR TO STRESSING. REMOVE PLUG BEFORE GROUTING
EXTEND GROUT TUBE BY A MINIMUM OF 2 FT ABOVE THE
DECK AND ATTACH GROUT VALVE.
[ C ]
BOLT HOLE
DIAMETER 2. BOLT THE MULTIPLANE ANCHOR ASSEMBLY TO THE FORMWORK AS SHOWN.
THE ANCHOR MUST BE ORIENTED SUCH THAT THE GROUT HOLE IS AT THE TOP. TAPE THE GROUT HOLE TO PREVENT CONCRETE LEAKAGE.
TOP OF DECK
4" MAX.
2"
MIN. 3. INSTALL DUCT AS SHOWN ON SHOP DRAWINGS (TOLERANCE = ±1/4").
CONNECT DUCT TO TRANSITION TRUMPET AS SHOWN ON THIS DRAWING.
TAPE ALL JOINTS TO ENSURE LEAK-TIGHT CONNECTIONS.
BLOCKOUT
(BY OTHERS) ℄ DUCT
15" MIN.
4. DUCTS MUST BE TIED AT MAXIMUM 4'-0" CENTERS TO PREVENT MOVEMENT DURING CONCRETE PLACEMENT.GROUT TUBESEAL GROUT
SADDLE ALL
AROUND
4" MAX.
STRESSING CLEARANCE - CROSS SECTIONGROUT SADDLE
P/N 00 00 835 CONCRETE PLACEMENT MAY NOW PROCEED
2" MIN. 5. AFTER INITIAL CURE AND REMOVAL OF FORMWORK, INSTALL STRANDS LEAVING SUFFICIENT LENGTH FOR STRESSING.℄ 15" MIN.
15" MIN.
TAPE DUCT
LOW POINT 6. INSPECT HARDWARE FOR RUST, DIRT AND GRIT. DISCARD RUSTY WEDGES.
IF NECESSARY, CLEAN WEDGE PLATE HOLES WITH WIRE BRUSH.(OPTIONAL - ONLY WHERE REQUIRED
DUE TO WEATHER CONDITIONS)HIGH POINT
INTERMEDIATE VENT DETAILS 7. INSTALL WEDGE PLATE AND WEDGES. LOOSELY SEAT WEDGES INTO HOLES. [ L ] MIN.
(MAY VARY AT HINGE) STRESSING CAN PROCEED WHEN CONCRETE STRENGTH HAS REACHED MIN. F'CI = 3500 PSI.O.D. MA CASTING [ D ]
STRESSING CLEARANCE - PLAN VIEWO.D. = [ A ]I.D. = [ B ] O.D. SPIRAL [SEE SPIRAL TABLE] 8. AFTER STRESSING, CUT OFF STRAND TAILS APPROXIMATELY 3/4" FROM WEDGE FACE.[ Z ]
12-0.6''
SYSTEM
19-0.6"
SYSTEM
27-0.6''
SYSTEM
[ Z ]
℄ ℄ 9. INSTALL PLASTIC GROUT CAP OVER WEDGE PLATE WITH SEAL.
TYP. FRONT VIEW OF WEDGE PLATE AND MA ANCHORAGE DUCT DUCT DIM. (27-0.6'' WEDGE PLATE SHOWN - ALL OTHERS ARE SIMILAR) "Z" [A]
[B]
[C]
[D]
2 3/4'' 5/8"
3 13/16"
2 5/8'' 10. THREAD NPT PIPE NIPPLE WITH ATTACHED VALVE INTO THREADED HOLE AT TOP OF ANCHOR.3 1/2''
3 3/8''
8 1/8''
4 1/2''
4 3/8"'
11.07"
CENTER OF
GRAVITY
3 11/16"
CENTER OF
GRAVITY
9 7/8" 11. VENT GROUT CAP USING 1/2" NPT PIPE NIPPLE AND VALVE.
GROUTING MAY NOW PROCEED
LOW POINTHIGH POINT
Exhibit A
8.925''±0.079'' 11.00''±0.079'' 12.42''±0.079''
[F]
[G]
[H]
[J]
1 11/16''
7 1/8"
14 3/4''
18 1/2"
25 5/8"
8'-0''
2 3/16"
8 11/16"
15"
2 15/16"
9 7/16''
16 5/8''
25 1/4"
34 11/16"
10'-0''
STRAND POSITIONS3/4" GROUT VALVE 12. AFTER GROUT HAS CURED, REMOVE NPT PIPE NIPPLES AND VALVES.
REPLACE NPT PIPE NIPPLES WITH HDPE PLUGS.
SPIRAL LENGTH [ H ] 22 1/16"
30 3/4"
8'-0''
[K]
[L]
3/4" PLUG
00 00 848 NOTES:MULTI-PLANE ANCHOR [M] 4'' 4'' 4 1/2'' 1. FOR TENDON SIZES LESS THAN SYSTEM CAPACITY, ELIMINATE THE USE
OF WEDGE HOLES CONCENTRICALLY FROM THE CENTER OF THE
WEDGE PLATE OUTWARDS.
[S]
[T]
6.300''
2.560''
7.874"
3.425"
9.449''
4.134''
1/2" NPT GROUT VALVE
2. THE MULTIPLANE ANCHORAGES MAY BE USED AS STRESSING OR DEAD-END ANCHORS.3-PART WEDGE
68 00 0536 PE TRUMPET
TAPE (TYP)3/8"-16 UNC BOLT SHIM AS PER
PT-DETAILS
DUCT
COUPLER TAPE (TYP) 3. NOT ALL SYSTEMS SHOWN ON THIS SHEET MAY BE REQUIRED FOR THIS PROJECT.
+ WASHER DUCT
DRILL 1/2" [13mm] HOLE IN PORT BEING USED
-CAUTION- RECOMMEND USING HOLE SAW BIT
OR SPADE BIT (BY OTHERS), BE CAREFUL
TO PREVENT DAMAGE TO THREADS OR CAP
MA CASTING
SAFETY WARNING:
AT NO TIME DURING STRESSING OR REMOVAL OF JACKS SHALL PERSONNEL STAND IN-LINE WITH TENDONS. IF A STRAND SHOULD SLIP OR FAIL, EXTREME INJURY MAY RESULT.
[ T ] ℄ TENDON[ S ]
REPLACE 1/2" PIPE
W/ 1/2" PLUG
[ M ] 00 00 648
AFTER GROUT HAS HARDENED
AND TENDON IS INSPECTED
THIS DRAWING, THE PERTINENT ENCLOSURES, DESCRIPTIONS, CALCULATIONS ETC. AND THEIR CONTENTS ARE THE PROPERTY OF DYWIDAG SYSTEMS INTERNATIONAL, USA, INC. THEY ARE NOT ALLOWED TO BE DUPLICATED WITHOUT OUR PERMISSION. THEY ARE ALSO NOT TO BE SHOWN OR EXPLAINED FOR ANY
REASON TO A THIRD PARTY OTHER THAN FOR REASONS EXPRESSLY INTENDED BY THE ORIGINAL RECEIVER. THEY HAVE TO BE RETURNED ON REQUEST.
PLASTIC GROUT
CAP W/O-RING
68 XX 7230
PE TRUMPET-DUCT CONNECTION FOR 12-, 19-, AND 27-0.6'' SYSTEM
FORMWORK (OPTIONAL)
INSERT 3/8" x 1/2"
HEX BOLTS
TYP.
WEDGE PLATE
HEX BOLTS DYWIDAG SYSTEMS INTERNATIONAL, USA INC. DOES NOT ASSUME ANY LIABILITY FOR THE DESIGN OF THIS STRUCTURE. THIS SHOP
DRAWING IS INTENDED TO PROVIDE POST TENSIONING DETAILS ONLY
INSTALLATION DETAIL
STANDARD SPIRAL
[ J ]
FILL BLOCK-OUT WITH
NON-SHRINK GROUTNOTE: [ F ] [ G ]
CONTRACTOR SHALL PROVIDE A HOLE (ø[M]) IN FORMWORK
FOR ACCESS TO THE INSIDE OF THE TENDON.
THIS HOLE SHALL BE LOCATED AT THE CENTER OF THE
ANCHORAGE. (SEE PT DETAILS FOR LOCATION).
TOTAL LENGTH OF TRANSITION [ K ] HOLLAND ROAD OVERCROSSING
TYPICAL LONGITUDINAL SECTION OF DYWIDAG MA-ANCHORAGE
CITY OF MENIFEE STATE OF CALIFORNIA
1F980
DIST. COUNTY ROUTE MILEPOST BRIDGE NO.
EMBEDDED MATERIALS CONTRACT NO.08 RIV 215 16.9/17.5 56-0883 PART NO. / ORDER NO. STANDARD SPIRAL - ASTM A 706, GR 60
MATERIAL
SPECIFICATION
CONTRACTOR: RIVERSIDE CONSTRUCTIONPART DESCRIPTION
3-PART WEDGE
12-0.6''
SYSTEM
19-0.6''
SYSTEM
27-0.6''
SYSTEM
MA-SYSTEM
12-0.6''
PART NO./ORD. NO.
68 15 214
PART DESCRIPTION
#5, 2'' PITCH, 12 1/2'' O.D., 7 FULL TURNS
#5, 1 7/8'' PITCH, 14 1/2'' O.D., 7 FULL TURNS
#6, 2 1/4'' PITCH, 17'' O.D., 7 FULL TURNS
DYWIDAG Systems International, USA, Inc.AISI-C12L14 HEAT TREATED 68 00 0536 (see DSI DWG. NO. 68 00 0536) 19-0.6'' 68 19 214
FORGED WEDGE PLATE
O.D. = [S]
STEEL FORGING, ASTM A-521-76,
NORMALIZED, BHN = 180-220
68 12 142 68 19 142
/ 68 19 1062
68 27 142
/ 68 27 1062 27-0.6'' 68 27 214 12-, 19- AND 27-0.6"
MA SYSTEM STRESSING ANCHORAGES
/ 68 12 1062 POST TENSIONING / REINFORCING UNIT
2154 SOUTH ST, LONG BEACH, CA
PHONE: 562-531-6161 FAX: 562-529-2225
CAST WEDGE PLATE
O.D. = [S]
DUCTILE IRON ASTM A536
GR. 80-55-06 68 27 172
68 27 246
REV. DATE ISSUE DESCRIPTION NAME CHKD. SCALE DRAWN
CHKD.
APPD.
ITDUCTILE IRON
ASTM A536, GR 65-45-12MULTI-PLANE ANCHOR CASTING
PLASTIC GROUT CAP
68 12 246 68 19 246 0
1 2
01/18/23 FOR APPROVAL
03/13/23 FOR APPROVAL
05/18/23 FOR APPROVAL
IT
IT
IT
AD
AD
AD
VARIES AD
SINYLON 6, 20% GLASS FIBER FILLED
HARD POLYETHYLENE
68 12 7230
68 12 5073
68 19 7230
68 19 5073
68 27 7230
68 27 588
DATE
12/05/22PE TRUMPET
WHEN PRESSURIZING
GROUT CAPS, DO NOT
STAND BEHIND CAPS!
DUCT & DUCT COUPLER GALVANIZED, CORRUGATED SHEET
METAL, US STD. GAUGE 26, ASTM A653 Gr. 60
JOB NO.
DWG. NO.
J149816
PT-1
A.N.S.
GROUT SADDLE HARD POLYETHYLENE 00 00 835 © 2020 DSI, USA, INC.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 17
Menifee Mayor and City Council
April 17, 2024
Page
236 of 1244
327'-10"
℄5
PT-5 EDGE OF DECK16'-0" TYP.GIRDER FLARE
G1
*22
*20
*22
*20
N
12 12
12 12
12 12
12 12
12 12
12 12
12 12
G2
G3
G4
G5
G6
G7
G8
*20
*20
*20
*20
*20
*20
*20
*20
*20
*20
℄ GIRDER & ℄ TENDONS
℄ "HO" LINE
1 2
PT-3 PT-3
FIRST
STRESSING
END
SECOND
STRESSING
END
*20
*22
*20
*22
EDGE OF DECK
3 TENDON LAYOUT - PLAN3 *GIRDER FLARE THICKNESS OF 18" AT ABUTMENT 1 AND 4 FOR INTERIOR AND EXTERIOR GIRDERS IS NOT ENOUGH FOR ANCHORS TO FIT AND PERFORM SINCE THE DIAPHRAGM AT EACH ABUTMENT IS ONLY 3'-0" DEEP. WE RECOMMEND ENLARGING FLARE THICKNESS TO 20" FOR INTERIOR GIRDERS AND 22" FOR EXTERIOR GIRDERS. ADDITIONAL CONCRETE REQUIRED, BY OTHERS. 328'-0" BB TO EB
(MEASURED ALONG HO LINE)
327'-10" FACE TO FACE OF CONCRETE
L2 = 128'-0"
1'-6" 1'-6"
L1 = 98'-6" L3 = 98'-6"a = 1"
JOINT SEAL
a = 1"
JOINT SEAL℄ ℄ ℄
0.4L1
4 EQ SPCS @ 0.1L1
0.5L1
5 EQ SPCS @ 0.1L1
0.4L2
4 EQ SPCS @ 0.1L2
GROUT VENT (TYP)
SEE PT-1
0.4L2 0.5L3
5 EQ SPCS @ 0.1L3
GROUT VENT (TYP)
SEE PT-1
0.4L3
4 EQ SPCS @ 0.1L3
0.1L1
4'-0"4'-0"
0.1L2 0.1L2 0.1L3
5 EQ SPCS @ 0.1L2 4'-0"4'-0"
TENDON T1
TENDON T2
POINT OF NO
MOVEMENT GROUT FLOWCGS 4
PT-3
AP
3 AP
HP HPIP IP IP IP
LP LPPT-3 LP SECOND
STRESSING END
GROUT INLET
FIRST
STRESSING END
GROUT OUTLET
7"
WP AP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AP WP
BOTTOM OF
BOX GIRDER
64'-0"
POINT OF NO MOVEMENT
THIS DRAWING, THE PERTINENT ENCLOSURES, DESCRIPTIONS, CALCULATIONS ETC. AND THEIR CONTENTS ARE THE PROPERTY OF DYWIDAG SYSTEMS INTERNATIONAL, USA, INC. THEY ARE NOT ALLOWED TO BE DUPLICATED WITHOUT OUR PERMISSION. THEY ARE ALSO NOT TO BE SHOWN OR EXPLAINED FOR ANY
REASON TO A THIRD PARTY OTHER THAN FOR REASONS EXPRESSLY INTENDED BY THE ORIGINAL RECEIVER. THEY HAVE TO BE RETURNED ON REQUEST.
Exhibit A
TENDON LAYOUT ELEVATION3
NOTE: FOR OTHER DETAILS AND DIMENSIONS NOT SHOWN SEE CONTRACT DRAWING SHEET 17 OF 37.
DYWIDAG SYSTEMS INTERNATIONAL, USA INC. DOES NOT ASSUME ANY LIABILITY FOR THE DESIGN OF THIS STRUCTURE. THIS SHOP
DRAWING IS INTENDED TO PROVIDE POST TENSIONING DETAILS ONLY
HOLLAND ROAD OVERCROSSING
CITY OF MENIFEE STATE OF CALIFORNIA
1F980
DIST. COUNTY ROUTE POST MILE BRIDGE NO. CONTRACT NO.08 RIV 215 16.9/17.5 56-0883 CONTRACTOR: RIVERSIDE CONSTRUCTION
DYWIDAG Systems International, USA, Inc.
POST TENSIONING LAYOUT
PROFILE AND SUPPORT HIGHT
POST TENSIONING / REINFORCING UNIT
2154 SOUTH ST, LONG BEACH, CA
PHONE: 562-531-6161 FAX: 562-529-2225
REV. DATE ISSUE DESCRIPTION NAME CHKD. SCALE DRAWN
CHKD.
APPD.
ITPROFILE NOTES:
1. "LOL 1" - DENOTES SUPPORT HEIGHT MEASURED FROM BOTTOM OF BOX GIRDER TO BOTTOM OF DUCT FOR TOP TENDON T1.
2. "LOL 2" - DENOTES SUPPORT HEIGHT MEASURED FROM BOTTOM OF BOX GIRDER TO BOTTOM OF DUCT FOR BOTTOM TENDON T2.
3. TOP TENDONS ARE 12-0.6" SYSTEM WITH 12 STRANDS AND BOTTOM TENDONS ARE 27-0.6" SYSTEM WITH 27 STRANDS.
4. "LOL" CALCULATIONS USED Z = 0.74" FOR 12-0.6" TENDONS. 0 1
2 3
01/18/23 FOR APPROVAL IT
IT
IT
IT
AD
AD
AD
AD
VARIES AD
SI03/13/23 FOR APPROVAL DATE
12/05/2205/18/23 FOR FINAL APPROVAL
07/08/23 FOR FINAL APPROVAL JOB NO.
DWG. NO.
J149816
PT-2
5. "LOL" CALCULATIONS USED Z = 0.64" FOR 27-0.6" TENDONS. © 2022 DYWIDAG SYSTEMS INTERNATIONAL, USA, INC.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 18
Menifee Mayor and City Council
April 17, 2024
Page
237 of 1244
1 7 7
4'-8
1 6'-06'-0 " 4'-8 " " "
28"
1'-6"
2 8 8 8"
1'-6"
℄ ℄
4.5° TP TP TP TP 4.5°G1 G1
16"
1 16"
14"14" R60' (TYP) 1
*22 *222 16'-0" FLARE (TYP)
16'-0" FLARE (TYP)
3'-0" (TYP)3'-0" (TYP) 16'-0" FLARE (TYP)SHIM & BRG PLATE
HORIZONTAL SLOPE
N.T.S.
(TYP)
16'-0" FLARE (TYP)
G2 TO G7 G2 TO G716"
0"
16"
0"
*20 *20
Exhibit A
2 *GIRDER FLARE THICKNESS OF 18" AT ABUTMENT 1 AND 4 FOR INTERIOR AND EXTERIOR GIRDERS IS
NOT ENOUGH FOR ANCHORS TO FIT AND PERFORM SINCE THE DIAPHRAGM AT EACH ABUTMENT IS ONLY 3'-0" DEEP. WE RECOMMEND ENLARGING FLARE THICKNESS TO 20" FOR INTERIOR GIRDERS AND 22" FOR EXTERIOR GIRDERS. ADDITIONAL CONCRETE REQUIRED, BY OTHERS. *22 *22
1 14" 1
14"
16"16"
G8 G8TP TP 4.5°4.5° TP TP
1 7 7
4'-8
1 6'-06'-0 " 4'-8 " " "
28" 2 8 8 8"
NOTES:
1. FOR OTHER REINFORCEMENT NOT SHOWN SEE CONTRACT DRAWINGS.
2. GRILLAGE AND TYPE "B" REINFORCEMENT NOT SHOWN FOR CLARITY.
3. DUCT TIES AT WEB FLARE NOT SHOWN. REFER TO CALTRANS DRAWING B8-5/DETAIL 5-1. 1 PLAN - DETAIL AT ANCHORS LOCATION AT ABUT 1 2 PLAN - DETAIL AT ANCHORS LOCATION AT ABUT 42 2 PT-2 FIRST STRESSING END PT-2 SECOND STRESSING END
SHIM & BRG. PLATE
VERTICAL SLOPE
N.T.S.
SHIM & BRG. PLATE
VERTICAL SLOPE
N.T.S.
℄ ABUT 1
℄ ABUT 4
1'-5"
2" 5" 5"
#4 X 15" (10-TOTAL)
AS REQ.'D
1'-5"
TYPE "B"
(BY OTHERS) TYPE "B"
(BY OTHERS)
5" 5" 2"
21"11
3 "2 TENDON T1
12-0.6" SYSTEM
TENDON TENDON T1
12-0.6" SYSTEM
11 "4#516"
16"
NOT REQ.'D
AT EXT. FACE THIS DRAWING, THE PERTINENT ENCLOSURES, DESCRIPTIONS, CALCULATIONS ETC. AND THEIR CONTENTS ARE THE PROPERTY OF DYWIDAG SYSTEMS INTERNATIONAL, USA, INC. THEY ARE NOT ALLOWED TO BE DUPLICATED WITHOUT OUR PERMISSION. THEY ARE ALSO NOT TO BE SHOWN OR EXPLAINED FOR ANY
REASON TO A THIRD PARTY OTHER THAN FOR REASONS EXPRESSLY INTENDED BY THE ORIGINAL RECEIVER. THEY HAVE TO BE RETURNED ON REQUEST. 31"
21"
"4 1 "36" 2
16" 12" @ 4"
TOTAL 3
16"TENDON T2
27-0.6" SYSTEM
2 TENDON T2 DYWIDAG SYSTEMS INTERNATIONAL, USA INC. DOES NOT ASSUME ANY LIABILITY FOR THE DESIGN OF THIS STRUCTURE. THIS SHOP
DRAWING IS INTENDED TO PROVIDE POST TENSIONING DETAILS ONLY 27-0.6" SYSTEM
#4 @ EXTERIOR FACE OF EXT.
GIRDERS ONLY SEE STD. PLAN B8-5
EACH TENDON (BY CONTRACTOR)
HOLLAND ROAD OVERCROSSINGGRILLAGE
TYPE "B"#4 @ 4" BOTH WAYS
(BY OTHERS)
GRILLAGE
#4 @ 4" BOTH WAYS
(BY OTHERS)
8"
WP AP
NOTE: FOR OTHER REINFORCEMENT NOT SHOWN SEE CONTRACT DRAWINGS. 8"
AP WP
CITY OF MENIFEE STATE OF CALIFORNIA
1F980
DIST. COUNTY ROUTE POST MILE BRIDGE NO. CONTRACT NO.08 RIV 215 16.9/17.5 56-0883 CONTRACTOR: RIVERSIDE CONSTRUCTION4 ELEVATION - DETAIL AT ANCHORS LOCATION AT ABUT 43 ELEVATION - DETAIL AT ANCHORS LOCATION AT ABUT 1 PT-2 DYWIDAG Systems International, USA, Inc.PT-2 ABUTMENTS 1 & 4
DETAILS AT ANCHOR LOCATION
REINFORCEMENT NOTES POST TENSIONING / REINFORCING UNIT
2154 SOUTH ST, LONG BEACH, CA
PHONE: 562-531-6161 FAX: 562-529-2225
* REINFORCING IN THE ANCHORAGE ZONES CONFORMING TO CALTRANS STANDARD DRAWING B8-5 REV. DATE ISSUE DESCRIPTION NAME CHKD. SCALE DRAWN
CHKD.
APPD.
IT
** ADDITIONAL REINFORCEMENT CONFORMING TO CALTRANS APPROVAL OF DYWIDAG MA SYSTEMS :
5-0.6 THRU 27-0.6 STRANDS FROM 09.17.91.
0 1
2 01/18/23 FOR APPROVAL IT
IT
IT
AD
AD
AD
VARIES AD
SI05/18/23 FOR FINAL APPROVAL
07/08/23 FOR FINAL APPROVAL
DATE
12/05/22ALL REBAR NOT IN CONTRACT TO BE PROVIDED AND INSTALLED BY OTHERS
PRIOR TO STRESSING, REBAR IN THE ANCHORAGE BLOCKOUT AREA SHALL BE BENT ( BY OTHERS ) TO AVOID INTERFERENCE WITH STRESSING EQUIPMENT. - FOR REQ'D CLEARANCE SEE DSI DRAWING PT-1. J149816 PT-3
JOB NO.
DWG. NO.
© 2022 DYWIDAG SYSTEMS INTERNATIONAL, USA, INC.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 19
Menifee Mayor and City Council
April 17, 2024
Page
238 of 1244
G7
G6
G5
G4
G3
G2
Exhibit A
G1
12 " CLR2 1
" CLR.2 2
℄ GIRDER
℄ GIRDER #4
DETAIL 1 #5 STIRRUPDETAIL 2 AVG CGS
LP = 4.11"
IP = 3.44"
HP = 2.77"
BOTTOM OF
BOTTOM DUCT
2 LOL 2
TYPICAL SECTION
FROM "LP" NODE 4 TO "LP" NODE 26.
℄ GIRDER
℄ DUCT FOR
TOP TENDON T1
1 "2 ℄ GIRDER
1Ø3 "2 ℄ DUCT FOR TOP THIS DRAWING, THE PERTINENT ENCLOSURES, DESCRIPTIONS, CALCULATIONSTENDON T1 ETC. AND THEIR CONTENTS ARE THE PROPERTY OF DYWIDAG SYSTEMS INTERNATIONAL, USA, INC. THEY ARE NOT ALLOWED TO BE DUPLICATED WITHOUT OUR PERMISSION. THEY ARE ALSO NOT TO BE SHOWN OR EXPLAINED FOR ANY
REASON TO A THIRD PARTY OTHER THAN FOR REASONS EXPRESSLY INTENDED BY THE ORIGINAL RECEIVER. THEY HAVE TO BE RETURNED ON REQUEST. 1Ø3 "2
DYWIDAG SYSTEMS INTERNATIONAL, USA INC. DOES NOT ASSUME ANY LIABILITY FOR THE DESIGN OF THIS STRUCTURE. THIS SHOP
DRAWING IS INTENDED TO PROVIDE POST TENSIONING DETAILS ONLY 1Ø4 "2
1Ø4 "2
HOLLAND ROAD OVERCROSSING
CITY OF MENIFEE STATE OF CALIFORNIA
1F980
DIST. COUNTY ROUTE POST MILE BRIDGE NO. CONTRACT NO.08 RIV 215 16.9/17.5 56-0883 CONTRACTOR: RIVERSIDE CONSTRUCTION
℄ DUCT FOR DYWIDAG Systems International, USA, Inc.
BOTTOM TENDON T2 ℄ DUCT FOR
BOTTOM TENDON T2 POST TENSIONING LAYOUT
PROFILE AND SUPPORT HIGHT
POST TENSIONING / REINFORCING UNIT
2154 SOUTH ST, LONG BEACH, CA
PHONE: 562-531-6161 FAX: 562-529-2225
REV. DATE ISSUE DESCRIPTION NAME CHKD. SCALE DRAWN
CHKD.
APPD.
IT
0 1
2 01/18/23 FOR APPROVAL
03/13/23 FOR APPROVAL
05/18/23 FOR FINAL APPROVAL
IT
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IT
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2 DETAIL 1- DUCT LAYOUT DATE
12/05/22
(INTERIOR GIRDER)2 DETAIL 2- DUCT LAYOUT JOB NO.
DWG. NO.
J149816
PT-4
(AT EXTERIOR GIRDER)
© 2022 DYWIDAG SYSTEMS INTERNATIONAL, USA, INC.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 20
Menifee Mayor and City Council
April 17, 2024
Page
239 of 1244
NO. STRANDS PER TENDON (TYP)
℄ OF ANCHORS ℄ OF ANCHORS
14" 14"
G3
STRESSING SEQUENCE (TYP)
G6
TYPICAL @ ALL INTERIOR
GIRDERS G2 THRU G7. G4 "HO" LINE G5PROFILE
GRADEG2 G7G1
AP
G8
℄ OF GIRDER ℄ OF GIRDER
AP APAP AP
AP
AP 12 2 12 3 AP12
27 1
9 12 412 7 12 512 8 6 12
AP
27 10 27 11 27 1227 15 27 1327 16 AP AP 14 27APAP APAP AP CGS = 2'-11" @ C.L. ABUT.
TYP. @ ALL GIRDERS
TYP. @ ALL GIRDERS
TYP. @ ALL AP
4'-3" 2'-2" 8'-4" 10'-6" 10'-6" 5'-3" 5'-3" 10'-6" 10'-6" 8'-4" 2'-2" 4'-3" 5 Exhibit A
END VIEW AT ABUTMENT 1
(VIEW AT ABUT 4, MIRRORED)
1 PT-2
NOTE: STRESS SEQUENCE 1 THRU 16 FROM ABUTMENT 1.
STRESS SEQUENCE 1 THRU 16 FROM ABUTMENT 4.
1 2 END PRESTRESSING CALCULATIONS
USE: 0.6 Ø 270 Ksi, LOW RELAXATION, 7-WIRE STRAND (ASTM A416) GUARANTEED MINIMUM ULTIMATE STRENGTH = 58.6 Kips.
GIVEN: μ = 0.15 AND K = 0.0002; ANCHOR SET = 3/8"
INITIAL STRESS AT = 0.907 TIMES THE JACKING STRESS.
PJACK: 13500 Kips REQUIRED NO. OF STRANDS: 13500Kips/(0.75)(58.6Kips) = 307.17 STRANDS.
PER GIRDER: 307.17/8 = 38.39 STRANDS.
USE: 39 STRANDS PER GIRDER - ONE 12-0.6" TENDON WITH PJACK = 527.4 Kips ONE 27-0.6" TENDON WITH PJACK = 1,186.65 Kips
ELONGATION:
AT FIRST STRESSING END FOR ALL TENDONS FROM ABUTMENT 1:
43.95 Kips
1st= x [(1 + 0.907) x (163.33' x 12" + 42") + (3 x 0.907 - 1) x (163.33' x 12")] = 25.55" THIS DRAWING, THE PERTINENT ENCLOSURES, DESCRIPTIONS, CALCULATIONS ETC. AND THEIR CONTENTS ARE THE PROPERTY OF DYWIDAG SYSTEMS INTERNATIONAL, USA, INC. THEY ARE NOT ALLOWED TO BE DUPLICATED WITHOUT OUR PERMISSION. THEY ARE ALSO NOT TO BE SHOWN OR EXPLAINED FOR ANY
REASON TO A THIRD PARTY OTHER THAN FOR REASONS EXPRESSLY INTENDED BY THE ORIGINAL RECEIVER. THEY HAVE TO BE RETURNED ON REQUEST. 2 x 28500 Ksi x 0.217 in²
100% 1st= 25.55"
80% = (0.8)(25.55") = 20.44" USE: 20 1/2"
1st
DYWIDAG SYSTEMS INTERNATIONAL, USA INC. DOES NOT ASSUME ANY LIABILITY FOR THE DESIGN OF THIS STRUCTURE. THIS SHOP
DRAWING IS INTENDED TO PROVIDE POST TENSIONING DETAILS ONLY AT SECOND STRESSING END FOR ALL TENDONS FROM ABUTMENT 4:
43.95 Kips x (1 - 0.907) x (163.33' x 12" + 42")= = 1.32"2nd 28500 Ksi x 0.217 in²
HOLLAND ROAD OVERCROSSING
100% = 1.32" USE: 1 3/8"2nd
CITY OF MENIFEE STATE OF CALIFORNIA
1F980NOTES: 1. ASSUMED A = 0.217 in² AND E = 28500 Ksi USED FOR ELONGATION CALCULATIONS TO BE VERIFIED ON ACTUAL PRESTRESSING STEEL USED. THESE FIGURES MAY VARY WHICH WOULD RESULT IN A VARIANCE OF THE CALCULATED ELONGATION.
2. CONCRETE: f'c = 4000 Psi @ 28 DAYS; f'ci = 3500 Psi @ TIME OF STRESSING
3. SEE SYSTEM DRAWING FOR GENERAL NOTES AND ANCHORAGE DETAILS.
4. STRESSING SEQUENCE AS SHOWN IN DETAIL ABOVE.
DIST. COUNTY ROUTE POST MILE BRIDGE NO. CONTRACT NO.08 RIV 215 16.9/17.5 56-0883 CONTRACTOR: RIVERSIDE CONSTRUCTION
DYWIDAG Systems International, USA, Inc.
STRESSING SEQUENCE AND
ELONGATION SUMMARY
POST TENSIONING / REINFORCING UNIT
2154 SOUTH ST, LONG BEACH, CA
PHONE: 562-531-6161 FAX: 562-529-2225
REV. DATE ISSUE DESCRIPTION NAME CHKD. SCALE DRAWN
CHKD.
APPD.
IT
0 1
01/18/23 FOR APPROVAL IT
IT
AD
AD
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SI05/18/23 FOR FINAL APPROVAL DATE
12/05/22
JOB NO.
DWG. NO.
J149816
PT-5© 2022 DYWIDAG SYSTEMS INTERNATIONAL, USA, INC.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 21
Menifee Mayor and City Council
April 17, 2024
Page
240 of 1244
RFI # 031
Date: 07/12/2023
Response Requested: ASAP
Holland Road CIP 13-03
City of Menifee – Public WorksREQUEST FOR INFORMATION
Exhibit B
From: Carl ShortTo: Amr Abuelhassan
Riverside Construction Company, Inc.
P.O. Box 1146, Riverside, Ca. 92502
Submitted by: Carl Short
City of Menifee – Public Works
39844 Haun Road
Menifee, Ca. 92584
RFI #031 – Post Tension changes
We request the following information:
Per Plan sheet 126 of 176, the Girder flares are noted as 18”. We are requesting to change flare thickness to 22” on exterior and 20” on interior. See attached highlighted plans showing the original and the proposed. Please review and approve at your earliest convenience.
If approved, this will be a no cost change.
CONTRACTOR MAY ELECT TO
REVISE THE ANCHORAGE DETAIL
PER ATTACHED SHOP DRAWINGS
WITH NO EXCEPTIONS
By: X1
2 3
4 5
NO EXCEPTION NOTED
EXCEPTIONS NOTED, RESUBMITTAL NOT REQUIRED
REVISE AND RESUBMIT
REJECTEDDate:
RECORD COPY
ENGINEERS' review of the drawings and data
submitted by the Contractor will cover only general
conformity to the drawings and specifications, external connections, and dimensions which affect the layout.
ENGINEERS' review does not indicate a thorough
review of all dimensions, quantities, and details of the material, equipment, devices, or items shown.
BY: DATE: 076//1092/2/2020223
T.Y. LIN INTERNATIONAL
“The changes associated with RFI 31 is at the request of the Contractor at no cost to the City. CCO 4 at (No cost - No credit) will be issued to cover this change.”
Karim Varshochi, PE
Structures Representative
7/17/2023
1 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 22
Menifee Mayor and City Council
April 17, 2024
Page
241 of 1244
327'-10"
℄5
PT-5 EDGE OF DECK16'-0" TYP.GIRDER FLARE
G1
*22
*20
*22
*20
N
12 12
12 12
12 12
12 12
12 12
12 12
12 12
G2
G3
G4
G5
G6
G7
G8
*20
*20
*20
*20
*20
*20
*20
*20
*20
*20
℄ GIRDER & ℄ TENDONS
℄ "HO" LINE
1 2
PT-3 PT-3
FIRST
STRESSING
END
SECOND
STRESSING
END
*20
*22
*20
*22
EDGE OF DECK
3 TENDON LAYOUT - PLAN3 *GIRDER FLARE THICKNESS OF 18" AT ABUTMENT 1 AND 4 FOR INTERIOR AND EXTERIOR GIRDERS IS NOT ENOUGH FOR ANCHORS TO FIT AND PERFORM SINCE THE DIAPHRAGM AT EACH ABUTMENT IS ONLY 3'-0" DEEP. WE RECOMMEND ENLARGING FLARE THICKNESS TO 20" FOR INTERIOR GIRDERS AND 22" FOR EXTERIOR GIRDERS. ADDITIONAL CONCRETE REQUIRED, BY OTHERS. 328'-0" BB TO EB
(MEASURED ALONG HO LINE)
327'-10" FACE TO FACE OF CONCRETE
L2 = 128'-0"
1'-6" 1'-6"
L1 = 98'-6" L3 = 98'-6"a = 1"
JOINT SEAL
a = 1"
JOINT SEAL℄ ℄ ℄
0.4L1
4 EQ SPCS @ 0.1L1
0.5L1
5 EQ SPCS @ 0.1L1
0.4L2
4 EQ SPCS @ 0.1L2
GROUT VENT (TYP)
SEE PT-1
0.4L2 0.5L3
5 EQ SPCS @ 0.1L3
GROUT VENT (TYP)
SEE PT-1
0.4L3
4 EQ SPCS @ 0.1L3
0.1L1
4'-0"4'-0"
0.1L2 0.1L2 0.1L3
5 EQ SPCS @ 0.1L2 4'-0"4'-0"
TENDON T1
TENDON T2
POINT OF NO
MOVEMENT GROUT FLOWCGS 4
PT-3
AP
3 AP
HP HPIP IP IP IP
LP LPPT-3 LP SECOND
STRESSING END
GROUT INLET
FIRST
STRESSING END
GROUT OUTLET
7"
WP AP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AP WP
BOTTOM OF
BOX GIRDER
64'-0"
POINT OF NO MOVEMENT
THIS DRAWING, THE PERTINENT ENCLOSURES, DESCRIPTIONS, CALCULATIONS ETC. AND THEIR CONTENTS ARE THE PROPERTY OF DYWIDAG SYSTEMS INTERNATIONAL, USA, INC. THEY ARE NOT ALLOWED TO BE DUPLICATED WITHOUT OUR PERMISSION. THEY ARE ALSO NOT TO BE SHOWN OR EXPLAINED FOR ANY
REASON TO A THIRD PARTY OTHER THAN FOR REASONS EXPRESSLY INTENDED BY THE ORIGINAL RECEIVER. THEY HAVE TO BE RETURNED ON REQUEST.
TENDON LAYOUT ELEVATION3
NOTE: FOR OTHER DETAILS AND DIMENSIONS NOT SHOWN SEE CONTRACT DRAWING SHEET 17 OF 37.
DYWIDAG SYSTEMS INTERNATIONAL, USA INC. DOES NOT ASSUME ANY LIABILITY FOR THE DESIGN OF THIS STRUCTURE. THIS SHOP
DRAWING IS INTENDED TO PROVIDE POST TENSIONING DETAILS ONLY
HOLLAND ROAD OVERCROSSING
CITY OF MENIFEE STATE OF CALIFORNIA
1F980
DIST. COUNTY ROUTE POST MILE BRIDGE NO. CONTRACT NO.08 RIV 215 16.9/17.5 56-0883 Exhibit B
CONTRACTOR: RIVERSIDE CONSTRUCTION
DYWIDAG Systems International, USA, Inc.
POST TENSIONING LAYOUT
PROFILE AND SUPPORT HIGHT
POST TENSIONING / REINFORCING UNIT
2154 SOUTH ST, LONG BEACH, CA
PHONE: 562-531-6161 FAX: 562-529-2225
REV. DATE ISSUE DESCRIPTION NAME CHKD. SCALE DRAWN
CHKD.
APPD.
ITPROFILE NOTES:
1. "LOL 1" - DENOTES SUPPORT HEIGHT MEASURED FROM BOTTOM OF BOX GIRDER TO BOTTOM OF DUCT FOR TOP TENDON T1.
2. "LOL 2" - DENOTES SUPPORT HEIGHT MEASURED FROM BOTTOM OF BOX GIRDER TO BOTTOM OF DUCT FOR BOTTOM TENDON T2.
3. TOP TENDONS ARE 12-0.6" SYSTEM WITH 12 STRANDS AND BOTTOM TENDONS ARE 27-0.6" SYSTEM WITH 27 STRANDS.
4. "LOL" CALCULATIONS USED Z = 0.74" FOR 12-0.6" TENDONS. 0 1
2 3
01/18/23 FOR APPROVAL IT
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12/05/2205/18/23 FOR FINAL APPROVAL
07/08/23 FOR FINAL APPROVAL JOB NO.
DWG. NO.
J149816
PT-2
5. "LOL" CALCULATIONS USED Z = 0.64" FOR 27-0.6" TENDONS. © 2022 DYWIDAG SYSTEMS INTERNATIONAL, USA, INC.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 23
Menifee Mayor and City Council
April 17, 2024
Page
242 of 1244
1 7 7
4'-8
1 6'-06'-0 " 4'-8 " " "
28"
1'-6"
2 8 8 8"
1'-6"
℄ ℄
4.5° TP TP TP TP 4.5°G1 G1
16"
1 16"
14"14" R60' (TYP) 1
*22 *222 16'-0" FLARE (TYP)
16'-0" FLARE (TYP)
3'-0" (TYP)3'-0" (TYP) 16'-0" FLARE (TYP)SHIM & BRG PLATE
HORIZONTAL SLOPE
N.T.S.
(TYP)
16'-0" FLARE (TYP)
G2 TO G7 G2 TO G716"
0"
16"
0"
*20 *20
Exhibit B
2 *GIRDER FLARE THICKNESS OF 18" AT ABUTMENT 1 AND 4 FOR INTERIOR AND EXTERIOR GIRDERS IS
NOT ENOUGH FOR ANCHORS TO FIT AND PERFORM SINCE THE DIAPHRAGM AT EACH ABUTMENT IS ONLY 3'-0" DEEP. WE RECOMMEND ENLARGING FLARE THICKNESS TO 20" FOR INTERIOR GIRDERS AND 22" FOR EXTERIOR GIRDERS. ADDITIONAL CONCRETE REQUIRED, BY OTHERS. *22 *22
1 14" 1
14"
16"16"
G8 G8TP TP 4.5°4.5° TP TP
1 7 7
4'-8
1 6'-06'-0 " 4'-8 " " "
28" 2 8 8 8"
NOTES:
1. FOR OTHER REINFORCEMENT NOT SHOWN SEE CONTRACT DRAWINGS.
2. GRILLAGE AND TYPE "B" REINFORCEMENT NOT SHOWN FOR CLARITY.
3. DUCT TIES AT WEB FLARE NOT SHOWN. REFER TO CALTRANS DRAWING B8-5/DETAIL 5-1. 1 PLAN - DETAIL AT ANCHORS LOCATION AT ABUT 1 2 PLAN - DETAIL AT ANCHORS LOCATION AT ABUT 42 2 PT-2 FIRST STRESSING END PT-2 SECOND STRESSING END
SHIM & BRG. PLATE
VERTICAL SLOPE
N.T.S.
SHIM & BRG. PLATE
VERTICAL SLOPE
N.T.S.
℄ ABUT 1
℄ ABUT 4
1'-5"
2" 5" 5"
#4 X 15" (10-TOTAL)
AS REQ.'D
1'-5"
TYPE "B"
(BY OTHERS) TYPE "B"
(BY OTHERS)
5" 5" 2"
21"11
3 "2 TENDON T1
12-0.6" SYSTEM
TENDON TENDON T1
12-0.6" SYSTEM
11 "4#516"
16"
NOT REQ.'D
AT EXT. FACE THIS DRAWING, THE PERTINENT ENCLOSURES, DESCRIPTIONS, CALCULATIONS ETC. AND THEIR CONTENTS ARE THE PROPERTY OF DYWIDAG SYSTEMS INTERNATIONAL, USA, INC. THEY ARE NOT ALLOWED TO BE DUPLICATED WITHOUT OUR PERMISSION. THEY ARE ALSO NOT TO BE SHOWN OR EXPLAINED FOR ANY
REASON TO A THIRD PARTY OTHER THAN FOR REASONS EXPRESSLY INTENDED BY THE ORIGINAL RECEIVER. THEY HAVE TO BE RETURNED ON REQUEST. 31"
21"
"4 1 "36" 2
16" 12" @ 4"
TOTAL 3
16"TENDON T2
27-0.6" SYSTEM
2 TENDON T2 DYWIDAG SYSTEMS INTERNATIONAL, USA INC. DOES NOT ASSUME ANY LIABILITY FOR THE DESIGN OF THIS STRUCTURE. THIS SHOP
DRAWING IS INTENDED TO PROVIDE POST TENSIONING DETAILS ONLY 27-0.6" SYSTEM
#4 @ EXTERIOR FACE OF EXT.
GIRDERS ONLY SEE STD. PLAN B8-5
EACH TENDON (BY CONTRACTOR)
HOLLAND ROAD OVERCROSSINGGRILLAGE
TYPE "B"#4 @ 4" BOTH WAYS
(BY OTHERS)
GRILLAGE
#4 @ 4" BOTH WAYS
(BY OTHERS)
8"
WP AP
NOTE: FOR OTHER REINFORCEMENT NOT SHOWN SEE CONTRACT DRAWINGS. 8"
AP WP
CITY OF MENIFEE STATE OF CALIFORNIA
1F980
DIST. COUNTY ROUTE POST MILE BRIDGE NO. CONTRACT NO.08 RIV 215 16.9/17.5 56-0883 CONTRACTOR: RIVERSIDE CONSTRUCTION4 ELEVATION - DETAIL AT ANCHORS LOCATION AT ABUT 43 ELEVATION - DETAIL AT ANCHORS LOCATION AT ABUT 1 PT-2 DYWIDAG Systems International, USA, Inc.PT-2 ABUTMENTS 1 & 4
DETAILS AT ANCHOR LOCATION
REINFORCEMENT NOTES POST TENSIONING / REINFORCING UNIT
2154 SOUTH ST, LONG BEACH, CA
PHONE: 562-531-6161 FAX: 562-529-2225
* REINFORCING IN THE ANCHORAGE ZONES CONFORMING TO CALTRANS STANDARD DRAWING B8-5 REV. DATE ISSUE DESCRIPTION NAME CHKD. SCALE DRAWN
CHKD.
APPD.
IT
** ADDITIONAL REINFORCEMENT CONFORMING TO CALTRANS APPROVAL OF DYWIDAG MA SYSTEMS :
5-0.6 THRU 27-0.6 STRANDS FROM 09.17.91.
0 1
2 01/18/23 FOR APPROVAL IT
IT
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AD
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SI05/18/23 FOR FINAL APPROVAL
07/08/23 FOR FINAL APPROVAL
DATE
12/05/22ALL REBAR NOT IN CONTRACT TO BE PROVIDED AND INSTALLED BY OTHERS
PRIOR TO STRESSING, REBAR IN THE ANCHORAGE BLOCKOUT AREA SHALL BE BENT ( BY OTHERS ) TO AVOID INTERFERENCE WITH STRESSING EQUIPMENT. - FOR REQ'D CLEARANCE SEE DSI DRAWING PT-1. J149816 PT-3
JOB NO.
DWG. NO.
© 2022 DYWIDAG SYSTEMS INTERNATIONAL, USA, INC.
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 24
Menifee Mayor and City Council
April 17, 2024
Page
243 of 1244
Exhibit B
8/24/22
1 2 6 1 7 6
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 25
Menifee Mayor and City Council
April 17, 2024
Page
244 of 1244
DATE: 8/30/2023
PROJECT DESCRIPTION:
PROJECT NO: CIP 13-03 PURCHASE ORDER NO: 04396
CONTRACTOR:
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL 1 FA 1 $4,928.04 $4,928.04
2 FA 1 $2,130.68 $2,130.68
3 FA 1 $9,766.22 $9,766.22
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $16,824.94 JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary)
Excavate abutment #4 around existing utilities. Work performed on 2/21/2023 and 2/22/2023.
Extra Work Bills (EWB) #9 and #10 total
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 relat ed 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.
Excavate abutment #4 footing to expose existing utilities in conflict (SCE, Spectrum and Frontier). Work performed on 3/2/2023.
EWB #15 total
Remove, relocate and add new fire hydrants and gate valves.
Work performed on 5/18/2023, 5/19/2023, 5/30/2023, 5/31/2023, 6/12/2023, 6/13/2023 and 6/16 2023.
EWBs #25, #26, #32, #33, #36, #37 and #38 total
2. The Contractor excavated abutment #4 footing to expose existing utilities that are not shown on the plans. These utilities are consideredburried manmade objects.
3. The plans show fire hydrants to be removed/relocated on the east side of Holland Rd. However, there is no contract bid item or method of payment provided for performing this work.
Holland Road Overcrossing at Interstate 215
The additional work will be compensated at force account Riverside Construction Company
CONTRACT CHANGE ORDER NO. 05
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
The labor rates were verified against the certified payrolls and the equipment rental rates are per the latest Caltrans Labor Surcharge and Equipment Rental Rates publication.
1. The Contractor excavated abutment #4 around existing utilities that are not shown on the plans. These utilities are consideredburried manmade objects.
C:\Users\phann\OneDrive - Southstar Engineering & Consulting, Inc\Desktop\CCO 05 DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 26
Menifee Mayor and City Council
April 17, 2024
Page
245 of 1244
CONTRACT CHANGE ORDER NO. 05
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT VARIANCE SUMMARY
CCO # Amount %
01 $20,537.39 0.08%
02 $49,000.00 0.19%
03 ($9,000.00) -0.03%
04 $0.00 0.00%
05 $16,824.94 0.07%
Totals $77,362.33 0.28%
$25,848,403.85 January 10, 2023
$60,537.39 March 28, 2024
$16,824.94 0
$25,925,766.18 March 28, 2024
AUTHORIZATION BY CITY:
Recommended for approval by:
Date: __________ Date: __________
Approved by:
Date: __________ Date: ___________
ACCEPTANCE BY CONTRACTOR:
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto.
Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Revised Completion Date:
0 Date Started:
Original Completion Date:
Additional Time (Working Days)
Description Date Approved
4/17/2023
5/15/2023
5/31/2023
Irrigation Modifications Plan IP-5
0 0
Additional Time
Director of Public Works/Engineering
________________________________________________________________________________ __________________________________________________________________________ Original Contract Amount:
0 7/27/2023 Increased Girder Flare Thickness
Exc. Abut. #4/Fire Hydrant extra work
0 0
City Manager
Nicolas Fidler
Amr Abuelhassan, Southstar Construction Manager Carlos E. Geronimo, City Project Manager Armando G. Villa
Previous Change Order Amounts:
Current Change Order Amount:
Revised Contract Amount:
12" C900 DR 14 Fusible Pipe
Extra Work for miscellaneous items
C:\Users\phann\OneDrive - Southstar Engineering & Consulting, Inc\Desktop\CCO 05 DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 8/31/2023
Ryan Camp
DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 8/31/2023
8/31/2023
9/5/2023
9/5/2023
Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 27
Menifee Mayor and City Council
April 17, 2024
Page
246 of 1244
Holland Rd Overcrossing at 1-215 Project
cco #05
Report #9 $ 2,951.47
Report #10 $ 1,976.57
Report #15 $ 2,130.68
Report #25 $ 377.01
Report #26 $ 377.01
Report #32 $ 435.55
Report #33 $ 421.29
Report #36 $ 3,150.41
Report #37 $ 2,471.39
Report #38 $ 2,533.56
Total $ 16,824.94
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 28
Menifee Mayor and City Council
April 17, 2024
Page
247 of 1244
CCo .:tt.S-
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
CEM-4902A (NEW 7/94) CT# 7541-3496-7
Date Performed
2/21/23
Date of Report
3/02/23
Con. Job No
22014
1 Cont. Rpt. No. g_O
02 I Work Performed By
Riverside Construction Company, Inc.
Description of Work
EX ABUT 4 AROUND EXISTING
For Resident Engineer's Use Only
Date Received
□ NewBill 0 Approved for Payment
0 Resubmittal 0 Returned for Correction
Date of Action
Contract No.
CASEWB
CCO No.
220141 902
Report No. Page
E.W. A._Q.
+ - I FA I LS I UP l_FA L LS I UP I BR
+IX
Attached to This Bill Are:
0 Labor Charges CEM-49028
0 Equipment Charges CEM-4902C
0 Material Charges CEM-4902D
9.0 Partnering
Switch
N
Total Cost Summary, Standard Mark-Ups & Subcontractor Mark-Up otal Equipment (A)
otal Materials (B)
Subtotal Equipment & Materials (A) + (B)
� % Standard Mark-up
Total Equipment & Materials (A) + (B) + Standard Mark-up otal Regular Labor (C)
� % Regular Labor Surcharge
otal Premium Labor (D)
� % Premium Labor Surcharge
Subtotal Regular & Premium (C+D)
Subtotal (C) + (D) + Regular Surcharge + Premium Surcharge otal Subsistence (E)
Signature (Resident Engineer)
FM 941992 M
771.16]
0.00]
771.16]
77.12]
848.28]
1,470.76]
147.08]
0.00]
0.00]
1,470.76]
1,617.84]
0.00]
Pink • Contractor (After Approvalj
Total Other Expenses (F)
Subtotal (C) + (D) + Regular Surcharge+ Premium Surcharge+ (E) + (F) � % Standard Markup
Total Labor (C) + (D) + Surcharge + (E) + (F) + Markup
Total Equipment & Materials
Total Equipment & Materials+ Labor
� % of Mark-up on Subcontracted Work (Only)
Grand Total
Name
/
In Case of Question:
(Resident Engineer's Use Only)
0.00]
1,617.84]
485.35]
2,103.19]
848.28]
2,951.47]
o.oo]
2,951.47]
hone
-U.2-7�
EWBills.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 29
Menifee Mayor and City Council
April 17, 2024
Page
248 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL (SHORT FORM)
Date Performed I Date of Report I Cost Job No
220 i 4
Cont. Rpt. No.
01 2/2i/23 3/02/23
02 Work Performed By • • •
R1vers1de Construction Company, Inc.
03 Description of Work
EX ABUT 4 AROUND EXISTING
9.0 I
Contract No.
CASEWB
[
CCO No.
22014 902 [
Report No.
9.0 I E.W. I A.G. I BR I 50% I Sub I RN-/ I Partnering I Labor I WCI Class I WCI Rate 1+� 1F; Ls1uP1FA1Ls1up1sw1 F�g I w;r Delay I Switch
N N I
s
�� I I
$2,951.47
Equipment Charges $848.28
Equip ID Number Equipment Description Regular Overtime For Resident Engineers Only Class Make Code Attach Hours Hours 04 4i79 TRUCK T&TT i2-20 8.00 □ NewBill D Approved for
Payment
05 1156 LDRRT CAT 1869E 4.00
06 D Resubmittal D
Returned for
Correction
Date Received Date of Action
07 OB
09 10
Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments Vendor Name I Invoice Number I Mo/DayNr
24 Invoice Description
I
Units
[
Unit Cost or Net Pay
Vendor Name
I
Invoice Number
I
Mo/DayNr
25 Invoice Description I Units
I
Unit Cost or Net Pay
Labor Charges $2,103.19
Labor Name Labor Reoular Hours Overtime Hours Subsistence Craft ID Int Last Hrs Rate Hrs Rate Units Rate 34 LBR DG GUTIERREZ 8.0 69.840 91.780
35 TMS L ROMERO 8.0 70.260 89.120
36 OE DC KIMBERLING 4.0 87.490 i i5.830
37 38
39 40
Signature (Resident Engineer) In Case of Question Contact:
(Resident Engineer's Use Only)
Signature (Prime Contractor's Representative)
�
7la1/z3.
Name
I
Business Phone
FM 942020 M White • Data Entry Canary • Resident Engineer Pink • Contractor (After Approval) Goldenrod - Contractor EWBi/1s.com DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 30
Menifee Mayor and City Council
April 17, 2024
Page
249 of 1244
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - EQUIPMENT CHARGES
Equip ID Number Class Make
04 4179 TRUCK T&TT
05 1156 LDRRT CAT
06 07
08 09
10 11
12 13
14 15
16 17
18 19
20 21
22 23
Signature of Resident Engineer
Contract No. CCONo.
22014 902
Equipment Description Regular Overtime Reg
Code Attach Hours Hours Rate
12-20 8.00 49.31
1869E 4.00 94.17
In Case of Question Contact:
(Resident Engineer's Use Only)
Signature of Prime Contractor's Representative
Cin><f
Name
FM 941987M White • Data Entry
"7�/IZ3'
Canary� - Resiclent Engineer Pink - Contractor (After Approval) Goldenrod - Contractor CASEWB 9.0
Report No. I Pag
3 OF 3
OT Extended
Rate Amount
394.48
376.68
Total (A) 771.16
Business Phone
EWBills.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 31
Menifee Mayor and City Council
April 17, 2024
Page
250 of 1244
IVERSIDE
CONSTRUCTION
COMPANY, INC.
.aENcY: {7.11}1 o JJ/tj'I// He
PROJECT: j/oL ,ti, 1> 6C.
JOB NO.: z ZQ!L/
COST CODE: 9'i 2- goo
DAILY EXTRA WORK DIARY
DATE WORK PERFORMED: -----"z'-'-+-/2_2----1
1 !'--------z_3_--===-==-=-
� l
SUBCONTRACTOR: __ �==-�---------,
(IF NOT PRIME)
Description of work performed and location: �L::.=(.,��'--------A_'f'.=--U_/ __ Lj_,__A_�_" __ U_JJ_D __ 'E_,,)(,----'/c..:...S.c....T/_I '-/V_G=·---- LABOR:
EQUIPMEN T:
EQUIP
NUMBER
L/f7CJ
1,15t,
MATERI ALS:
QUANTITY U/M
REMA'RKS:
CLASSIFICATION
DESCRIPTION
HOURS
R ular Overtime
8 8
L
HOURS
8 DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 32
Menifee Mayor and City Council
April 17, 2024
Page
251 of 1244
-Ceo #.5
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
CEM-4902A (NEW 7/94) CT# 7541-3496-7
Date Performed Date of Report Con. Job No. Cont. Rpt. No. 2/22/23 3/02/23 22014 10.0
Work Performed By
Riverside Construction Company, Inc.
03 I Description of Work
EX ABUT 4 AROUND EXISTING UTILITIES
For Resident Engineer's Use Only
Date Received
D NewBill D Approved for Payment
D Resubmittal D Returned for Correction
Date of Action
Contract No.
CASEWB
CCONo.
220141 902
Report No. Page
E.W. A.G.
+ - I FA I LS I UP J_FA )_LS I UP I BR
+IX
Attached to This Bill Are:
D Labor Charges CEM-49028
D Equipment Charges CEM-4902C
D Material Charges CEM-4902D
10.0 Partnering
Switch
N
Total Cost Summary, Standard Mark-Ups & Subcontractor Mark-Up otal Equipment (A)
otal Materials (B)
Subtotal Equipment & Materials (A) + (B)
� % Standard Mark-up
Total Equipment & Materials (A) + (B) + Standard Mark-up otal Regular Labor (C)
otal Premium Labor (D)
� % Premium Labor Surcharge
Subtotal Regular & Premium (C+D)
Subtotal (C) + (D) + Regular Surcharge+ Premium Surcharge otal Subsistence (E)
Signature (Resident Engineer)
Signature (Prime Contractor's Repre
FM 941992 M
840.75]
0.00]
840.75]
84.08]
924.83]
735.48]
73.55]
0.00]
0.00]
735.48]
809.03]
0.00]
Pink - Contractor (After Approval)
Total Other Expenses (F)
Subtotal (C) + (D) + Regular Surcharge+ Premium Surcharge + (E) + (F) � % Standard Markup
Total Labor (C) + (D) + Surcharge+ (E) + (F) + Markup
Total Equipment & Materials
Total Equipment & Materials+ Labor
� % of Mark-up on Subcontracted Work (Only)
Grand Total
In Case of Question:
(Resident Engineer's Use Only)
0.00]
809.03]
242.71]
1,051.74]
924.83]
1,976.57]
0.00]
1,976.57]
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 33
Menifee Mayor and City Council
April 17, 2024
Page
252 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL (SHORT FORM)
Date Performed Cont. Rpt. No. I E.W. I A.G.
I Contract No.
CASEWB
I CCONo.
22014 902 I
Report No.
I BR I 50% I Sub R/W I Partnering I Labor I WCI Class I WCI Rate
10.0 01 2/22/23
I Date of Report
3/02/23
I Cost Job No
22014 10.0 I+� I F:
LS I UP I FA I LS I UP I SW I F�g I w;r Delay
I
Switch
N N I s�� I I
02 03
04 05
06 07
08 09
10 Work Performed By • •
R1vers1de Construction Company, Inc.
Description of Work
EX ABUT 4 AROUND EXISTING UTILITIES
Equipment Charges
Equip ID Number Equipment Description
Class Make Code Attach
4179 TRUCK T&TT 12-20
4188 TRUCK T&TT 06-12
1169 HCECL CAT 335
$1,976.57
$924.83
Regular Overtime For Resident Engineers Only Hours Hours
3.00 □ New Bill D Approved for
Payment
3.00 3.00 D Resubmittal D
Returned for
Correction
Date Received Date of Action
Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments Vendor Name
24 Invoice Description
Vendor Name
25 Invoice Description
Craft ID Int
Labor Name
Last
34 LBR DG GUTIERREZ
35 OE J MORQUECHO
36 OE JS LINSMEIER
37 38
39 40
Signature (Resident Engineer)
Signature (Prime Contractor's Representative) () � �/
r-■• ftA l"lftl"lft ■■ , ...... � ... - r"\-.L- r- .. __ --•..J __ .. ,... __ . ____ I Invoice Number I Mo/DayNr
I Units I Unit Cost or Net Pay
I Invoice Number
I
Mo/DayNr
I Units
I
Unit Cost or Net Pay
Labor Charges $1,051.74
Labor Regular Hours Overtime Hours Subsistence
Hrs Rate Hrs Rate Units Rate
3.0 69.840 91.780
3.0 87.600 115.995
3.0 87.720 116.175
In Case of Question Contact:
(Resident Engineer's Use Only)
'lst)�s
Name
I
Business Phone
ru 1. � .__ a. - /AS.-- A----••-11 - OJ J ,.._ .. ___ .. __ .............
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 34
Menifee Mayor and City Council
April 17, 2024
Page
253 of 1244
IVERSIDE
CONSTRUCTION
COMPANY, INC .
. a ENCY: U7'-/ o P /lft i1lir�
PROJECT: #OLLl i)
JOB NO.: 2 Z OIL/
. COST CODE: 9:0.2 - 9 () Q
DAILY EXTRA WORK DIARY
DATE WORK PERFORMED: _2_/2--=2"--z--l�--=z=--�3=-------7, J SUBCONTRACTOR: ____________ _
(IF NOT PRIME)
Description of work performed and location: ---'�'--_x __ ,4..:.;____;l,c_u_, __ L_,_/ __ A __ (4_0_CI_I-J_ii; ___ e1_1=-�-77_;_rJ_G_,,, ___ _ LABOR:
EMPLOYEE
NAME
D. 0 U I Tc I f2.G 2
T. f'V-'I o(( nu cc;r-t o
-S. li 1,,v}l11,� rt?/?
-
EQUIPMENT"
EQUIP
NUMBER �
'{;7q p- l/�C
y;gg P-Z50
fife// Ct1-r 33�
_!!]__ -':a
MATERIALS:
QUANT ITY U/M
:::,
:::,
�
CLASSIFICATION
-
L,Ael)/2, � r-�//v,
0 PBl2 � wi<._
:..;
() f7 c:� � n-1((__
:::, :::i=- - - = �
:::, --
- -
1Z1c.k' ur
P1<S.1<! vP
Bxc.
� � � ----.
:::, .-,
� -
DESCRIPTION
::,- -
�=
-
- -
II DESCRIPTION
(_j
- ------ -:::I :.,..J --=----__J - :::::::I -= - ·=-
II
��
� �
0,vLc
�
--��
-
HOURS
ReQular Overtime
�
3 :)
-� � HOURS
3 --- 3 '
3 -
-= =-- =-
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 35
Menifee Mayor and City Council
April 17, 2024
Page
254 of 1244
CCD #)
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
CEM-4902A (NEW 7/94) CT# 7541-3496-7
01 Date Performed Date of Report Con. Job No.
3/02/23 4/06/23 22014
Work Performed By
Riverside Construction Company, Inc.
Description of Work
Cont. Rpt. No.
15.0 Contract No. CCONo.
220141 902
Report No.
E.W. A.G.
+ - I FA I LS J UP I FA I LS I UP I BR
+IX
CASEWB
Page
15.0 Partnering
Switch
N
EXCAVATE ABUT 4 FOOTING TO EXPOSE UTILITIES IN CONFLICT For Resident Engineer's Use Only
□ NewBill
D Resubmittal
otal Equipment (A)
otal Materials (B)
D Approved for Payment
D Returned for Correction
Subtotal Equipment & Materials (A) + (B)
� % Standard Mark-up
Total Equipment & Materials (A)+ (B) + Standard Mark-up otal Regular Labor (C)
otal Premium Labor (D)
� % Premium Labor Surcharge
Subtotal Regular & Premium (C+D)
Subtotal (C) + (D) + Regular Surcharge+ Premium Surcharge otal Subsistence (E)
�ignafure (Resident Engineer)
Signature (Prime Contractor's Re1
Date Received
Date of Action
Attached to This Bill Are:
□ Labor Charges CEM-4902B
D Equipment Charges CEM-4902C
D Material Charges CEM-4902D
Total Cost Summary, Standard Mark-Ups & Subcontractor Mark-Up 890.06]
0.00]
890.06]
89.01]
979.07]
805.32]
80.53]
0.00]
0.00]
805.32]
885.85]
0.00]
-Z/31/z3
Total Other Expenses (F) o.oo]
Subtotal (C) + (D) + Regular Surcharge + Premium Surcharge+ (E) + (F) 885.85] � % Standard Markup
Total Labor (C) + (D) + Surcharge + (E) + (F) + Markup
Total Equipment & Materials
Total Equipment & Materials+ Labor
� % of Mark-up on Subcontracted Work (Only)
Grand Total
rt\.r A-b\AA..\'
In Case of Question:
(Resident Engineer's Use Only)
265.76]
1,151.61]
979.07]
2,130.68]
0.00]
2,130.68]
-U2--
FM 941992M White - Data Entry Canary - Resident Engineer Pink - Contractor {After Approval) Goldenrod - Contractor DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 36
Menifee Mayor and City Council
April 17, 2024
Page
255 of 1244
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL (SHORT FORM)
Date Performed I Dat
4/Q6/23
I Cost Job No
22014 01 3/02/23
Cont. Rpt. No.
15.0 I E.W. I A.G.
I+; I F;
LS
I
UP
I
FA
I
LS
I Contract No.
CASEWB
I CCONo.
22014 902
I Report No.
I BR I 50% I Sub R/W I PartnerinQ I Labor I WCI Class I WCI Rate UP
I swl F
�
g
I w�t Delay I Switch
N N I s�i I I
15.0 02 Work Performed By • • •
R1vers1de Construction Company, Inc. $2,130.68
03 04
05 06
07 08
09 10
Description ofWork
EXCAVATE ABUT 4 FOOTING TO EXPOSE UTILITIES IN CONFLICT Equipment Charges
Equip ID Number Equipment Description Regular
Class Make Code Attach Hours
4179 TRUCK T&TT 12-20 4.00
4188 TRUCK T&TT 06-12 3.00
1169 HCECL CAT 335 3.00
$979.07
Overtime For Resident Engineers Only Hours
D NewBill D Approved for
Payment
D Resubmittal D Returned for
Correction
Date Received Date of Action
Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments Vendor Name
I
Invoice Number
J
Mo/Day/Yr
24 Invoice Description I Units I Unit Cost or Net Pay
Vendor Name
I
Invoice Number
I
Mo/Day/Yr
25 Invoice Description
I
Units
I
Unit Cost or Net Pay
Labor Charges
Labor Name Labor Reaular Hours Overtime Hours Subsistence Craft ID Int Last Hrs Rate Hrs Rate Units 34 OE J MORQUECHO 3.0 87.600 115.995
35 OE JS LINSMEIER 3.0 87.720 116.175 ..
36 LBR DG GUTIERREZ 4.0 69.840 91.780
37 38
39 40
Signature (Resident Engineer) In Case of Question Contact:
(Resident Engineer's Use Only}
Signature (Prime Contractor's Representative) a_d � 1/31 lzs Name
I
Business Phone
FM 942020 M White - Data Entry Canary - Resident Engineer Pink - Contractor (After Approval) Goldenrod - Contractor $1,151.61
Rate
EWBills.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 37
Menifee Mayor and City Council
April 17, 2024
Page
256 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL· EQUIPMENT CHARGES
Equip ID Number Class Make
04 4179 TRUCK T&TT
05 4188 TRUCK T&TT
06 1169 HCECL CAT
07 08
09 10
11 12
13 14
15 16
17 18
19 20
21 22
23 Signature of Resident Engineer
Signature of Prime Contractor's Representative
11�,>1?
Equipment Description
Code Attach
12-20
06-12
335
7131/z..3
CASEWB 15.0
Contract No. CCONo. Report No. I Pag:3 22014 902 OF 3
Regular Overtime Reg OT Ex1ended
Hours Hours Rate Rate Amount
4.00 49.31 197.24
3.00 38.20 114.60
3.00 192.74 578.22
In Case of Question Contact:
890.06 (Resident Engineer's Use Only) Total (A)
Name Business Phone
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 38
Menifee Mayor and City Council
April 17, 2024
Page
257 of 1244
IVERSIDE
CONSTRUCTION
COMPANY, INC.
-A n!,) !J l ';,! e:
DAILY EXTRA WORK DIARY
/J✓.;-/1,/lk& ,GENCY: ---==-----�--'----------=
PROJEC��--�_L_�_1_Y�_C> __ Q_._�---
DATE WORK PERFORMED: _3_____,/2_2-+/2_£.c_--:;_3 ______ , I JOB N0.: __ 2_2_u�/_i-/_· ____ _
SUBCONTRACTOR: _____________ _
. COSTCODE: _�_{)_/_-_CJ_'rJ_O ____ _
LABOR:
EQUIPME NT:
EQUIP
NUMBER
MATERIALS:
QUANTITY U/M
REMARKS:
/]I
(IF NOT PRIME)
CLASSIFICATION HOURS
R ular Overtime
3 3
DESCRIPTION HOURS
3 3
DESCRIPTION
SIGNATURE BE LOW AGREE S CONTRACTOR or SUBCONTRACTOR WORKED ON,ffEM OF. WORK.
IL fo�K -"----'-"_#. -���L'-='-'--'-'',,(W/r-"--'-/✓ __ _ CONTRACTOR'S REPRESENTATIVE A_l3ENC)'",.,S REPRESENTATIVE DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 39
Menifee Mayor and City Council
April 17, 2024
Page
258 of 1244
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
CCo:jt 5
CASEWB 25.0
CEM-4902A (NEW 7/94) CT# 7541-3496-7
Date Performed Date ot Report Con. Job No. Cont. Rpt. No. 5/18/23 7/21/23 22014 25.0
Work Performed By
Riverside Construction Company, Inc.
Description of Work ,r-H> ..vi.a.� #VI c.;J
REMOVE CONCRETE - FIRE HYDRANT RELOGATE
For Resident Engineer's Use Only
Date Received
□ NewBill D Approved for Payment
D Resubmittal 0 Retumed.forCorrection
Date of Action
Contract.NO:- - =-=-:-:-TccoNo.
2gQIB 908
Report No. Page
E.W. I A.C.
±_- J FA_lLS l UP LfA I gi_l_U_e_l_BR
+IX
Attached to This Bill Are:
0 Labor Charges CEM-49028
D Equipment Charges .CEM-4902C
D Material Charges CEM-4902D
Partnering
Swilch
N
Total Cost Summary, Standard Mark-Ups & Subcontractor Mark-Up [T'otal Equipment (A) 0.00
Total Materials (BJ
Subtotal Equipment & Materials (A) + (8)
1 0 % Standard Mark-up
Total Equipment & Materials (A)+ (B) + Standard Mark-up Total Regular Labor .(C)
9 % Regular Labor Surcharge
[T'ol2l Premium Labor (DJ
I
9 % Premium Labor Surcharge
Subtotal Regular & Premium (C+D)
Subtotal (C) + (DJ + Regular-Surcharge + Premium Surcharge irotal Subsistence (E)
'-signature. (Resident Engineer)
-
Signatifre (Prime Contractor's Repre.
0.001
-- 0.00'
0.00 ------�
-- -o.{f61
r---266.06
23�95
0.00 0.00
-- 266.06
290'.01
tsd,z..3
0.00 - ----
FM941992M White -. Data Entry Canary - Resident Engineer Pink • Contractor (Atrer Approval) Total Other Expenses (F)
Subtotal (C) + (DJ + Regular Surcharge + Premium Surcharge+ (E ) + (F) 30 % Standard Markup
Total Labor (C) + (DJ +Surcharge+ (El+ (F) + Markup
Total Equipment & Materials
Total Equipment & Materials+ Labor
10 1 %·of Mark-up on Subcontracted Work (Only)
Grand Total
In Case of Question:
(Resident Engineer's Use Only)
0.001
290.01 ---
87.00 377.01 ---
0.001
--- 377.oT 1...---•-·--··--
0.00 377.01 ._______ ---
N� -----
\ \ •
I Business-Phone
__ _ __ _ _ .. r7v--0r&� ��� �dl--� 2.-7t6B
Goldenrod -Contractor EWBills.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 40
Menifee Mayor and City Council
April 17, 2024
Page
259 of 1244
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - LABOR CHARGES
Name Craft 10 Int last
34 LBR R REYES
35 LBR D ENCINAS
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
OTHER EXPENSES SUBJECT TO LABOR MARKUP
54 Signature (Resident Engineer)
Signature (Prime Conrractor's Represenf;Jf/ve)
--- -- -- -- --- - - -
Description
{,tSZ\ -- -.;_ .... -
] Cohtract No.
22014
Regular Hours
Hrs Ra1e
2.0 67.840
2.0 65.190
Total (Cl
.,,,?,, l-i-3-·. - ...
Total
135.68
130.38
266.06
- - ..
CASEWB 25.0
CCONo. Report No. 1 Labor su
9 charge \ WCI Class I WCI Rate I Pag
2908 OF 2
Premium Hours Subsistence
Hrs Rale Total UnllS Rate Total
88.780
84.805
Total(D) Total (E)
Amount
Travel Expense Extended Total (F)
Units Rate
In Case of Question:
(Resident Engineer's Use Only)
Name
I Business Phone
- -
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 41
Menifee Mayor and City Council
April 17, 2024
Page
260 of 1244
RIVERSIDE CONSTRUCTION COMPANY DAILY EXTRA WORK DIARY
AGENCY: r,..-rt/ bv V\t �' fi:,Q'f'."
QRoJECT: \±ct- ;e,.� '\2-b cc...
DATE WORK PERFORM ED : __,._----,-_5_,{i-'t-"g:"-'/'---z..�3"--------==--=======:i
SUBCONTRACTOR
JOB NO.: :2,"ZD\ \:;/ (IF NOT PRIME)
cosT coDE: 90S /goo
ft�
Description of work performed and location : _}2f::.,..,;c�-=-f\�!_J �O�L�l�s:_�0�0�N>������\--J__:·___:t:";�1�1t-:!f-'::__:\.+IT.'t'i'U�';).!i' -�f\-1-.JT��!__._!;jb,::s;;;,;!2:- ��foi;���-•- LABOR:
EMPLOYEE
NAME
EQUIPMENT:
EQUIP
NUMBER
II r I
DESCRIPTION
■ I,
I - -
CLASSIFICATION HOURS
Regular overtime
z.
2-
HOURS
r • ■
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 42
Menifee Mayor and City Council
April 17, 2024
Page
261 of 1244
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
CEM-4902A (NEW 7/94) CT# 7541-3496•7
01 Date Performed Date of Report Con.Job No.
CC0#-5.
Cont Rpt No.
contractiilo. CCONo.
22014 908 ----··-
E_W.
... FA LS UP FA
CASEWB 26.0
I Report No. �, Page
1 of 2
AC. Sub R/W Pannenng
LS UP BR Work Delav Switch
5/19/23 7/21/23 22014 26.0 + X N N N
f02TWork Performed By
'--l Riverside Construction Company, Inc.
03 I Description olWork fTI/Je>\M_c,101111'{w
REMOVE CONCRETE · FIRE HYDRANT REl::GGATIO�
For Resident Engineer's Use Only
0 NewBill 0 Approved for Payment
0 Resubmittal 0 Returned fer Correctlon
I-
Total Equipment (A)
�otal Materials (BJ
Subtotal Equipment & Materials (A) + (B)
I 10 % Standard Mark-up
Total Equipment & Materials (A) + (BJ + Standard Mark-up ifotal Regular Labor (CJ
, 91 % Regular Labor Surcbarge
Total Premium Labor (D)
9 I % Premium Labor Surcharge
Subtotal Regular & Premium (C+OJ
Subtotal {C) + (D) + Regular Surcharge + Premium Surcharge rotal Subsistence (E)
Signature (Prime-Con-·
FM 941992 M White • Data Entry
Date Received
Date of Action
Attached to This Bill Are:
� Labor Charges CEM-4902B
D Equipment Charges CEM-49020
□ Material Charges CEM-4902D
Total Cost Summary, Standard Mark-Ups & Subcontractor Mark-Up o.oo·
0.00 0.00
0.00,
0.001
266.06]
23.95]
·--·--·•-·-- 0.001
1---·- -0:001
266.06
290.01
0.001
Total Other Expenses (F)
Subtotal (C) + (DJ+ Regular Surcharge + Premium Surcharge.+ (E) + (F) 30 % Standard Mar1<up
Total Labor (C) + (DJ + Surcharge + (El + (F) + Markup
Total Equipment & Materials
Total Equipment & Materials + Labor
0.001
290.011
87.00!
377.011
0.00]
377.01 I
; 1 O I % of Mark-up on Subcontracted Woll< (Only) I O. OOI Grand Total I 377.01 I
-·-..,,.-·-·- r- ----· ----
In Case of Questlon:
ngineer
I (Res/denr Engineer's Use Only)
-, rad--z.3_ --- ---------�� � &k_uo. \�:
u
��;
h
:2{, 2 -,ca 58
Pink • Contractor (Alter Approval) Goldenrod · Contraior ll EWBills.com DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 43
Menifee Mayor and City Council
April 17, 2024
Page
262 of 1244
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - LABOR CHARGES
.Craft ID Im
Name
Last
34 LBR C SORIANO II
35 LBR D ENCINAS
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
OTHER EXPENSES SUBJECT TO LABOR MARKUP
I Oesalp�on
541
Signature (Resident Engineer)
Signature (Prime Contractors Representative/
- -----. -- ...... - fJ.ufA - - - -
I Contract No.
22014
Regular Hours.
Hrs Rate
2.0 67.840
2.0 65.190
Total(C)
•r-=M f--z�.. - .. -
Total
135.68
130.38
266.06
. - ..
CASEWB 26.0
I
CCONo.
908
Report No. I Labor su
9 harge I WCI Class I WCI Rate I Pag
2 OF 2
Premium Hours Subsistence
Hrs Rate Total Units Rate Total
88.780
84.805
Tolal (D) Total (E)
Amount
Travel Expense Extended Total (F)
Units Rate
In Case of Question:
(Resident Engineers Use Only/
Name
I
Business Phone
-
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 44
Menifee Mayor and City Council
April 17, 2024
Page
263 of 1244
RIVERSl'DE CONSTRUCTION COMPANY
AGENCY:------"=C�'---'------'----""'-'---'--=:..__��---'--''t,"�0=--'-\��-=----=-------"-;=1 DROJECT�:__,_\-b�,�\--==�-DL..e-_1/4:,��\I\.D=-�'()�C. __ JOB NO.: ,2..2.LJ) l/
COST CODE: 9o<l> /CJoo
Description of work performed and location :
LABOR:
EQUIPMENT:
EQUIP
1NUMBER
MATERIALS:
QUANTITY
DESCRIPTION
REMARKS:
c,,,,, /, I
■ -
,I .,.
■ ■
- .
SUBCONTRACTOR
(IF NOT PRIME)
CLASSIFICATION
DAILY EXTRA WORK DIARY
HOURS
Regular Overtime
-z...
2 HOURS
■ t.. ■
■ ■
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 45
Menifee Mayor and City Council
April 17, 2024
Page
264 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
CCO=ft 5
CASEWB
CEM-4902A{NEW 7/94) CT# 7541-3496-7
Date Performed Date of Report Con . .Job No. Cont Rpt No. 5/30/23 7/21/23 22014
Woik Performed By
Riverside Construction Company, Inc.
Description of Work
RELOCATE FIRE HYDRANT A-bo�J..(;'tl � e..J-
For Resident Engineer's Use Only
Date Received
0 NewBill 0 Approved-for Payment
0 Resubmittal 0 Rewrned for Correction Date of· Action
32.0 Contract No. Page 1 cco No. I Report No.
22014 �' 9_0_9�
E.',11__,______l_ P..C.
+· I FA-I LSl_UJ>.lJ'AJ LS I_UPl�B
+ I X
Attached to This Bill Are:
� Labor Charges CEM-49028
0 Equipment Charges CEM-4902C
0 Material Charges CEM-4902D
32.0 Partnering
Switch
N
Total Cost Summary, standard Mark-Ups & Subcontractor Mark-Up jf otal Equipment (A)
Total Materials (B)
Subtotal Equipment·& Materials (A) + (B)
-:ro, % Standard Mark-up
1-- Total Equipment & Materials (A) + (B) + Standard Mark-up r
otal Regular labor (C)
! 9 .! % Regular Labor Surcharge
Total Premium Labor (0)
--9-1 % Premium Labor Surcharge
Subtotal Regular & Premium (C+D)
Subtotal (Cl + (D) + Regular Surcharge + Premium Surcharge otal Subsistence (E)
.. t:�·-•-----•- I I Signa,ure (Resident Engineer)
c=
0.001
57.42]
57.42]
5.74]
63.161
262.80
23.651
0.00]
O.OOj
262.80]
286.451
0.001
L
�
,,
Signature (Prlme·Comracio?s- :crese�rarive/
-��(, \;z.·,·--�--
FM941992M Whlte • Data Entry canary - Resident Engineer Pink - Contractor (Alter Approval/ Total Other Expenses (F)
Subtotal (Cl + (D) + Regular Surcharge+ Premium Surcharge + (E} + (F) � % Standard Markup
Total Labor (C) + (0) + Surcharge + (E) + (F) + Markup
Total Equipment &- Materials
Total Equipment &.Materials+ Labor
10] % of Mark-up on Subcontracted Work (Only)
Grand Total
In Case of Question:
(Resident Engineer's Use Only)
Name -- - -----
0.00!
286.451
85.94]
372.391
63.16 435.55]
0.00]
435.55
f-j �
Business Phone
Goldenrod • Contractor t/YV - · - _5£c:::;:.v--.. '1 t]�'-2. bL -7ClJ 5 E,---· - c-,-,-�_:::::.
EWBills.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 46
Menifee Mayor and City Council
April 17, 2024
Page
265 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL· LABOR CHARGES
Craft ID Int
Name
Last
34 OE R RIGGS
35 36
37 38'
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 OTHER EXPENSES SUBJECT TO LABOR MARKUP
I Description
54 I
Signature (Residenr-Engineer)
I Contract No.
22014
Regular Hours
Hrs· Rau,
3.0 87.600
Total (C)
Signature (Prime Contra,:ror's Representative)
O.,� �{, l-i.-1
CASEWB 32.0
CCONo. Report No.
I
Labor su
9 harge I WCI Class I WCI Rate I Pag
2909 OF 3
Premium 1-iours. Subslstence
Total Hrs Rate Total Units Rate Total
262.80 115.995
262.80 Total (D) Total (E)
Amount
Travel Expense Extended Total ( F)
Units Rate
In Case or Question:
(Resident Engineer's Use Only)
Name
I
Business Phone
FM 941991 M White • Data Entry canary - Resident Engineer Pink • Contractor(AfterApprovat/ Goldenrod • Contractor EWBills.ccm DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 47
Menifee Mayor and City Council
April 17, 2024
Page
266 of 1244
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - MATERIAL CHARGES
DC-CEM-4902D (NEW 7/94) CT# 7541-3499-3
Vendor Name
SUMMIT EQUIPMENT RENTAL
MATERIAL and/or WORK done by specialis
or LUMP SUM_QLUNIT PRICE PAYMENJS
Contract No.
22Q14
Invoice Number
CASEWB 32.0
Report� Page
I 3 OF 3_
Mo/OayNr
75956-1 24 I-' __________________________ _____________ ...._ Invoice Description Unit, Un� Cost or Net Pay EXtended Total 5/30/23
Vendor Name
3 HRS. RENTAL EXCAVATOR 1.000 57.42
I 25 I
lnvclce.Number
c;u=nded-Total lnvolce·Descriptlon Unit! Unit Cost or Net Pay �-- I
Vendor Name Invoice Number
26 Invoice Description Unit! Unit Cost or. Net Pay
Vendor Name I Invoice Number
21 1-
I
------------------------,------------.---'-· -----
Invoice Descript
i
on J Unit, J Unit Cost or Ne
t
Pay
Vendor Name ··�;;;;Number
28 Invoice Description
I
Unit! Unit Cost or Net Pay
VendcrName Invoice Number
Extended Total
!__
Extended Total
-
Extended Total
29 Invoice Descr!pticn Unit! I Unit Cost or Net Pay -t:.xtenaediotal -·
Vendor Name Invoice Number
30 --------------------------------�------------ ------------------- Invoice Description I Unit, Unit Cost or Net Pay
Vendor Name
31 , Invoice Description I Unit!
Vendor Name
� ! -
Invoice Description Unit!
Invoice Number
Unit Cost or Net Pay
Invoice Number
�t Cost or Net Pay
----------------------------------------------------------- Vendor Name Invoice Number
Extended Total
Extended Total
Extended Total
57.42I
I
Mo/OayNr
I Mo/DayNr
l
=-1 Mo/Day/Yr
1 t<l.o/Day/Yr
I
t<l.o/Oay/Yr
I
Mo/DayNr
I
Mo/Day/Yr
! Mo/DayNr
-
33 Invoice D
escr
i
p
t
i
�
n
-----------------~ _ -�
nl
� ,-----,-,,.�-__
U
:
lCost•Or Net Pay
-� Signature o
T
Reslaent Engineer Signature of Pnme Contractors Representative � g /, J Z,3
FM941986M White - Data Entry Canary - Resident Engineer Pink - Contractor (Alter Approval) Goldenrod • Contractor t:.xteMed Total
--
Invoice
57.42 Total (8)
E:WBllls.ccm
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 48
Menifee Mayor and City Council
April 17, 2024
Page
267 of 1244
Invoice#: 75956 RIVERSIDE CONSTRUCTION COMPANY INC
908-900 I 19378
5-5055 1-22014
Mini Excavator 5 Hrs.
$95.70
909--900
5-5055
Mini Excavator 11 Hrs.
$210.54
Current On Account
TRANS 601
ENT
06.30.2023
"A 3% credit card fee will be added to all credit card payments". Please Note:
No credits will be Issued after 30 days, from invoice date.
Rental and Sales:
$2,965.70
Total Amount: $3,062.74
851•248-3313 Phone
Mon- Frf 7:00- 4:00 Closed Sot-Sun
P,tnltd On Thu 611&2023 t0:12:"'4PM
ENV:
$96.60
Total Paid
Any Damages To Be Billed On Separate Invoice.
WWW.SUMMITRENTALS.NET
Goftwar• by Polnt,o.f.Rtl'llal SORwm www.polnt-of,tonUJ.com $0.00
Menifee= 8.75%:
$0.44
Total Duo: $3,082.74
951·382-3500 Fox
Modmcauon fl.7
Conltt1d-P1nJm1.1IOLlfll (10)
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 49
Menifee Mayor and City Council
April 17, 2024
Page
268 of 1244
Pogo1 of3
RomltTo:
SUMMIT EQUIPMENT RENTAL
26105 SHERMAN ROAD
MENIFEE, CA 92585
Invoice
WWW.SUMMITRENTALS.NET
Cuatomor#: 6168
RIVERSIDE CONSTRUCTION COMPANY INC
PO BOX 1146
Riverside, CA 92502
Ordered By: CARL
Closed
Thu 6/15/2023
Job □••er: MENIFEE. ANTELOPE RD
Date Out Fri 5/12/2023
Terms
NET30
Sales Representative: Mario Martinez 951-60-6-1594 [email protected] Delivery Fri 5/12/2023 7:00AM
CARL SHORT 909-772-8140
ANTELOPE RD - HOLLAND RD
ANTELOPE RD
MENIFEE
Right next to freeway
Antelo.e,e rd and Holland rd
Qty Koy !tome Str#
Pickup Tue 6/13/2023
CARL SHORT 909-772-8140
ANTELOPE RD • HOLLAND RD
ANTELOPE RD
MENIFEE
Slatut RetumltdDalo
1 07481130 EXCAVATOR MINI· 10,000II YMRZ4mEHAJ00831 Ratumed Man 6/12/2023 4:00PM GEHL
Meter Out 1482.4 Mater In: 1488.1 Toto! hot1ra on maier: 5.7 1doy $320.00 1week $960.00 4wceks $2,400.00
Called Off#142897 on 61612023 for 619/2023
AfN EQUIPMENT DAMAGES TO BE BILLED ON SEPARATE INVOICE
1 PROPTAX CA. PROPERTY TAX REIMBURSEMENT FEE
1 88382218 36" 245 EXCAVATOR BUCKET 257080.7-1
caned Off 0.142897 on 818/2023 for 6/tl/2023
ANY EQUIPMENT OAMAGES TO BE BILI.ED ON SEPARATE INVOICE 1 PROPTAX CA. PROPERTY TAX REIMBURSEMENT FEE
1 88181840 18" ZAS EXCAVATOR BUCKET
1day$40.00 1wock$120.00 4We<>ks$380.00
Called Off #142897 on 61612023 for 81912023
ANY EQUIPMENT DAMAGES TO BE BILLED ON SEPARATE INVOICE
1 PROPTAX CA. PROPERTY TAX REIMBURSEMENT FEE
1 !RETURN FEE RIV. RETURN FEE RIVERSIDE
1 NON RETURNED KEY NON RETURNEO KEY
Man - Frl 7:00 • ◄:OO Clo,,od Sat-Sun
Printed On Thu llf15J202310:t2:44PM SoltW.,.t,yPoW-of,Rltl(IISolt-lrlre www.po1rt,of-11nlllc:cm Puffod
Rarumed Man 6/1212023 4:00PM
Putted
Ro:tumed Mon 6/12/2023 4:00PM
PuRctl
SOid
PuUod
Invoice#
75956-1
Aging Date
Thu 6/15/2023
Prfco
$2,400.00
$18.00
$0.00
$0.00
$360.00
$2.70
$180.00
$S.00
ModlficaUon #7
can1,�ci-P .. m1.SOL,pl(I0)
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 50
Menifee Mayor and City Council
April 17, 2024
Page
269 of 1244
Invoice#: 75956 RIVERSIDE CONSTRUCTION COMPANY INC
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DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 51
Menifee Mayor and City Council
April 17, 2024
Page
270 of 1244
RIVERSIDE CONSTRUCTION COMPANY DAILY EXTRA WORK DIARY
AGENCY: � tT �, o � \'v\£'t,-.)I (?. t:3=:
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Description of work performed and location :
LABOR:
EMPLOYEE
NAME
DESCRIPTION
MATERIALS:
QUANTITY
REMARKS:
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DATE WORK PERFORMED :___,=---_5_�_3_lJ�/2_z_��----
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DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 52
Menifee Mayor and City Council
April 17, 2024
Page
271 of 1244
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
CCCJ#S
CEM-4902A (NEW 7194) CT# 7541-3496-7
Date Performed
5/31/23
Work Performed By
Date of Report
7/21/23
Con. Job No. I Cont. RpL No.
·22014 33.0
Riverside Construction Company, Inc.
['iiil Description of Work
I\ ., J L 7 REtJ/EOK F£RE HYDRANT 1-'t�evt�-
For Resident Engineer's Use Only
Date Received
□ NewBill D ApprovedforPayment
D Resubmittal D Returned for Correction Date of Action
[ Contract No.
CASEWB
22014
1 cc909 I Report No. f Page
E.W. I A.C.
+· I FA I LS I UP I FA I LS_LU�LBR
+IX
Attached to This Bill Are:
0 Labor Charges CEM-49028
0 Equipment Charges CEM-4902C
D Material Charges CEM-49020
33.0 Partnering
SWitch
N
Total Cost Summary, Standard Mark-Ups & Subcontractor Mark-Up rota! Equipment (A)
r otal Materials (B)
Subtotal Equipment & Materials (A) + (6)
I 10. %Standard"Mark-up
1--- Total Equipment &· Materials (A) + (B) + Standard Mar.k-up jrotal Regular Labor (C)
9 I % Regular Labor Surcharge
Total Premium Labor (D)
,---, I �I % Premium Labor Surcharge
Subtotal Regular & Premium (C+D)
Subtotal (C) + (D) + Regular Surcharge + Premium Surcharge � otal Subsistence (E}
157.30]
0.001
157.30.
15.73!
173.03]
175.20!
15.77 0.001
0.00]
175.20
190.97]
0.00]
Total Other Expenses (F)
Subtotal (C) + (D) + Regular Surcharge + Premium Surcharge + (El + (F) 1:30-1 % Standard Markup
Total Labor (C) + (D) +Surcharge+ (E) + (F) + Markup
Total Equipment & Materials
Total Equipment & Mateiials + Labor
1 _ 10 I % of Mark-up on Subaintracted Work (Only)
Grand Total
----- ··-------·�- - -·- -
In Case of Question:
(Resident Engineer's Use Only)
0.00]
190.97]
57.29]
248�
173.03
421.29J
0.00]
421.2�
Signature (Prime Con
--�'dn ______ ___ .A�, vt_b��� 1 ?.;:;��2i_?._� 7fjst3
FM 941992M ry - Resident Engineer Pink - Contractor (Alter Approval) Goldenrod • Coniractor EWB//1s.com DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 53
Menifee Mayor and City Council
April 17, 2024
Page
272 of 1244
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - LABOR CHARGES
CASEWB 33.0
I Contract No. CCONo. Report No. I Labor su
9 harge I WCI Class I WCI Rate I Pag
222014 909 OF 3
Name Regular Hours Premium Hours Craft ID Int Last Hrs Rate Total Hrs Rate 34 OE R RIGGS 2.0 87.600 175.20 115.995
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 Total (C) 175.20 Total (D)
OTHER EXPENSES SUBJECT TO LABOR MARKUP
I
54 I
Signature (Resident Engineer)
Signature (Prime Contractor's Representative)
FM941991 M White - Data Entry
Desaiption
(h� 8 l, l1-s
Name
Canary - Resident Engineer Pink • Contractor (Afrer Approval) Goldenrod - Contractor Subsistence
Total Units Rate Total
Total (E)
Amount
Travel Expense Extended Total (F)
Units Rate
In Case of Question:
(Resident Engineer's Use Only}
I
Business Phone
EWB/1/s.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 54
Menifee Mayor and City Council
April 17, 2024
Page
273 of 1244
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - EQUIPMENT CHARGES
Equip ID Number Class
04 1147 LDRRT
05 06
07 08
09 10
11 12
13 14
15 16
17 18
19 20
21 22
23 Signature-of Resident Engineer
Signature ct Prime Contractors· Representative
.. _ .. ---- ... . ........ - . - . -
Make
CAT
(Ji�
-✓ - ·-• . -
Equipment Descriptlcn
Code
1865E
'8(, J 2,3 -··-• - .
Attach
�A,&. __ "---- --" --•-•- -
CASEWB 33.0
Contract No.
22014
I CCO No. I Report No.
I
Page
909 3 OF 3
Regular Over1lm• Reg OT Extended
Hours Hours Rale Rate Amount
2.00 78.65 157.30
In Case ofQues1ion Contact:
157.30 (Resident Engineer's Use Only) Total(A)
Name Business Phone
-···-···
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 55
Menifee Mayor and City Council
April 17, 2024
Page
274 of 1244
RIVERSIDE CONSTRUCTION COMPANY DAILY EXTRA WORK DIARY
AGENCY: C1::c:i ,,-c ,tu�,�
OROJECT : 1-:}b l \ P-.-f\.O jto-AO tJJ c..
JOB NO.: ,Z,.1--0\ \.f
COST CODE: 'Jo9 /9 D d
DATE WORK PERFORMED : ___ S_,_/�3u/-1-,l .... z�?,..!.✓'--------'===
SUBCONTRACTOR
(IF NOT PRIME)
Description of work performed and location: �� bf¼: /-t 1/bt2.-4-1Jr . &r-r:::or-1� LABOR:
EMPLOYEE
NAME
EQUIPMENT:
EQUIP
NUMBER
MATERIALS:
QUANTITY
REMARKS:
DESCRIPTION
CLASSIFICATION
�ow AGREES CONTRACTOR or SUBCONTRACTOR WORKED ON ITEM , F WORK:; / - .,,{/
CONTRAC'Fe>F(S REPRESENTATIVE
■ ■
•■ ....
.ii t- .. 1 ■-(.■ ■
•■ ■ �� /;.-.A.::r-1�
Ai� �RESENTATIVE
II ■ ■ ■
■
..... ■••■· 1•
■
HOURS
Regular Overtime
:z...
HOURS
z.
■
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 56
Menifee Mayor and City Council
April 17, 2024
Page
275 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL-TITLE PAGE
cco:#5 CASEWB 36.0
CEM-4902A (NEW 7/94) CT# 7541-3496-7
Date Performed Date of Report Con. Job No. Cont Apt. No. 6/12/23 7/21/23
Work Performed By
Riverside Construction Company, Inc.
�
D
R��00�0
;1RE HYDRANT
For Resident Engineer's Use Only
0 NewBill 0 Approved for Payment
0 Resubmiual 0 Returned for Correction
22014 36.0
Date Received
Date of Action
Contract No. I Page I CCO No. I Report No.
22014 1 909_ 1
E.W. I A.r;;,
+ • I FA I !.SLU��J LS I UP I BR
·
_
so% I Sub
Fl_ao W_o_rk
+IX N I N
Attached to This Bill Are:
0 Labor Charges CEM-49028
0 Equipment Charges CEM-4902C
0 Material Charges CEM-4902D
Pannerlng
Switch
N
Total Cost Summary, Standard Mark-Ups & Subcontractor Mark-Up [Total Equipment (Al
!rota! Materials (Bl
Subtotal Equipment & Materials (Al + (Bl
L __ 1 0 ¾ Standard Mark-up
Total Equipment &· Materials (A) + (Bl + Standard Mark-up rotal Regular Labor (Cl
I•
9 i ¾ Regular Labor Surcharge
lrotal Premium Labor (Ol
9 , ¾ Premium Labor Surcharge
Subtotal Regular & Premium (C+Dl
Subtotal (C) + (0) + Regular Surcharge+ Premium Surcharge Total Subsistence (El
254.34]
153.14i
407.481
40.74]
448.22]
1,906.981
171.63]
0.0Q)
0.00]
1,906.98]
2,078.61\
0.001
Total Other Expenses (F)
Subtotal (C) + (Dl + Regular Surcharge + Premium Surcharge + (E) + (F) J 30 I ¾ Standard Markup
Total Labor (C) + (0) +Surcharge+ (E) + (F) + Markup
Total Equipment & Materials
Total Equipment & Materials + Labor
I 1 0 j % of Mark-up on Subcontracted Work (Only)
Grand Total
0.001
2,078.61 1
623.58:
2,702.19
448.221
3,150.411
�I
3,150.41
Signature (Resident
Eiigi'T} __ _
--------------------·-· -----·- ·------ -------· --- -· ------- Signature (Prime Con�.-
Sf ' ----' -Z-3
FM 941992 M --White - Data Entry anary - Resident-Engineer Pink • Contractor (After Approval} In Case of Question:
(Residenr Engfneer's Use Onfy)
l Name
.LlL---�-- I
Business Phone ---- -
_____ D. m_., ODl.Uli _ �� �oq -2=_b_2. -1�5 B
Goldenrod - Ccntrabor EWBills.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 57
Menifee Mayor and City Council
April 17, 2024
Page
276 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - LABOR CHARGES
CASEWB 36.0
I �2011°·
CCONo. Report No. I Labor su
9 harge I WCI Class I WCI Rate I Pag
2 909 OF 4
Name Regular Hours Premium Hours
Craft ID· Int Last Hrs. Rate Total Hrs Rate
34 LBR M GONZALEZ 6.0 65.190 391.14 84.805
35 LBR C SORlANO II 6.0 67.840 407.04 88.780
36 OE JS LINSMEIER 8.0 87.720 701.76 116.175
37 LBR R REYES 6.0 67.840 407.04 88.780
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
Total (C) 1,906.98 Total (DJ
OTHER EXPENSES SUBJECT TO LABOR MARKUP
I Description
54 1
Signature (Residenr Engineer)
Signature (Prime Contrar:1or.'s Representative)
fA1 }A' 8(, /-z-3
Name
FM 941991 M White· - Data Entry Canary - Resident Engineer Pink - Contractor (Attor Approval) Goldenrod - Contractor Subsistence
Total Units Rate Total
I
Total (E)
Amount
Travel Expense Extended Total '(F)
Unlls Rate
In Case of Question:
(Resir!enr Engineer's Use Only)
I
Business Phone
EWBills.com
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 58
Menifee Mayor and City Council
April 17, 2024
Page
277 of 1244
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
EXTRA WORK BILL - EQUIPMENT CHARGES
Equip ID Number Class Mal<e
04 4223 TRUCK T&TT
05 06
07 08
09 10
11 12
13 14
15 16
17 18
19 20
21 22
23 Signab.Jre of Resident Engineer
Signature of Prime Contractofs Representative
/J�,c;q_'- -- - -- --- .. - - ' - - . -
Equipment DescrlpUon
Cooe
06-12
81J/z:3 -· . - ,,.,..__ a ..
Al!:,ch
- .. -
CASEWB 36.0
Contract No.
22014
\ CCO No. \ Report No. \ Page
909 3 OF 4
Regular Overtime Reg OT Extended
Hours Hours Rate Rate Amount
6.00 42.39 254.34
In Case of Question Contact:
254.34 (Residont Engineer"s Use Only) Total (A)
Name Business Phone
··-···
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 59
Menifee Mayor and City Council
April 17, 2024
Page
278 of 1244
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION CASEWB 36.0 EXTRA WORK BILL - MATERIAL .CHARGES
DC-CEM-4902D (NEW 7/94) CT# 7541-3499-3 MA TERI AL and/or WORK done by specialis Contract No. CCC No. Report No. -Page or LUMP �..!)Mor UNIT PRICE PAYMENTS 2�Q14 909 4 OF 4
Vendor Name
SUMMIT EQUIPMENT RENTAL
24 lnvo� Cescrlption J Unit:
8 HRS. RENTAL EXCAVATOR
Vendor Name
1.000
Invoice Number
75956-1
Unit Cost or Net Pay Extended Total
1 s3.14 l
!
Invoice Number
I 25 Invoice Description Unlu Unit Cost or Net Pay Extended Total Vendor Name Invoice Number
Ma/Oay/Yr
6/12/23
153.141
Mc/Day/Yr
Mo/Day/Yr
I 2s 1 Invoice DQSCtfption I Unlu Unit Cost or Net Pay Extended Total I Vendor Name
27 Invoice Description
l---. Vendor Namo
28 I Invoice Description
Vendor Name
Uniu
-------------�---- -------------�-----
Unit,
! Invoice Number
Unit Cost or Net Pay Extended Total
Jnvol�umber
Unit Cost or Not Pay Extended Total
Invoice Number
·29 Invoice Descrll)llon I Unltt Unit Cost or Net Pay Exlended Total J Ma/Oay/Yr
�·Mcioay/Yr--·
I Mc/Day/Yr
Vendor Name
� 1�
I
Invoice Number �-��. �-
;
Ma/Day,:;;---
- I
Unit Cost or Net Pay I Extended Total --------1 Invoice ,Descripfion I
Vendor Name Invoice Number Mo/Oay/Yr
31 Invoice Description Unit!
-·-L--------------------------,
Unit Cost or Net Pay Extended Total
,--.�------------------------------Vendor Name
32 --------------
Invoice Description
,----l-------· --------
vendor Name
I 33
I Invoice Descrlpllon
·---
----------------- --
Unll!
Unit,.
I Invoice Number
Unit Cost or Net Pay Extended T 0121
j Invoice Number
Unit Cost or Net Pay Extended Total
I
rs1gnature of ResidenfE:ngineer !
Signature o(Prlme·c·oritraclors'Represeritative--
"?/ I Invoice
Mo/Oay/Yr
Mo/Day/Yr
I
1s3.14 l
========--===========, =-=-===========l��-1:'.;::-__:'{! b,'J,___ Total (8)
- Resident Engineer -Pink - Contractor (Atr�r Approval) -
EWBi/ls.com FM941986M White - Data Entry Canary
DocuSign Envelope ID: 0DB8D525-D878-45F6-96DF-D35DB84C9830 DocuSign Envelope ID: E4519B4F-D699-47A3-8D43-CE8B98CFA2A5 Item Title: 10.10
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/I-215 Overcrossing Item Page Number: 60
Menifee Mayor and City Council
April 17, 2024
Page
279 of 1244
Invoice II: 75956 RIVERSIDE CONSTRUCTION COMPANY INC
908-900
5-5055
Mini Excavator 5 Hrs.
$95.70
909--900
5-5055
Mini Excavator 11 Hrs.
$210.54
19378
1-22014
Current On Account
TRANS 601
ENT
06.30.2023