Menifee City Council
May 1, 2024

Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 197

Menifee Mayor and City Council
May 1, 2024
Page
249 of 1143

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Project intersections are to be used in conjunction with project entries where continuity is desired, however project identification is not. These monumentations share the same thematic features with the exception of signage graphics. Intersections may incorporate a community theme wall or fencing, depending on adjacent land use requirements.

c. Minor Intersections (Figure IV-4)

Minor Intersections, as illustrated in Figure IV -4, are the third level of hierarchy for MENIFEE NORTH.

Treatments reflect similar thematic features of previously described monumentations as follows:

• A 60-foot corner cutoff monumentation treatment.
• A 20-foot turf grass threshold.
• Formal grouping of tall evergreen trees to provide continuity with community and project monumentation treatments.
• Formal hedge row treatment compatible with other monumentation. • Intersections may incorporate community theme walls or fencing, depending on adjacent land use requirements. See Figure IV-4.
d. Neighborhood Entries / Business Monument Signage (Figures IV-5 and IV-6)

Neighborhood Entries, as illustrated on Figure IV-5, and Business Monument Signage, as illustrated on Figure IV-6, share the fourth level of hierarchy and complete the monumentations for MENIFEE NORTH.

These treatments are intended for future local streets that have not been identified on the Conceptual Landscape Plan, but will occur as part of the actual project design. Individual users are encouraged to reflect forms, materials, and graphics of other project monumentations to provide overall continuity and strengthen the theme of MENIFEE NORTH's community elements.

2. LAND USE TRANSITIONS

To create a high -quality, aesthetically pleasing community, and buffer dissimilar uses to the extent practical, the MENIFEE NORTH Specific Plan provides a variety of transition treatments. These treatments utilize landscape material including vegetation and hardscape to facilitate the community’s mixed use concept by improving land use compatibility. The transitions allow land uses of similar intensity or compatibility to interlink, while providing visual and physical separation between land uses of dissimilar intensity or with limited compatibility.

The conceptual locations for each of these land use transitions are specified in the Planning Area Development Standards (Section III.B) for each Planning Area. A description of each transition is provided below.

a. On-Site Residential / Adjacent Existing Residential Interface (Figure IV-7)

Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 198

Menifee Mayor and City Council
May 1, 2024
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IV. DESIGN GUIDELINES
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This interface occurs along the northern and eastern portions of the project , where low, medium and medium-high density residential land uses within MENIFEE NORTH are adjacent to established, large lot residential neighborhoods. Figure IV-7 illustrates the on-site residential/existing adjacent residential land use transition which incorporates the following components:

• To retain the rural nature of these interfaces, a 40 -foot backyard setback is provided for on -site residential lots to create a landscaped buffer.
• Encourage on -site residential lots to establish generous backyard landscaping with informal groupings of both vertical and canopy trees to limit views from adjacent existing residential properties to proposed residential roof lines.
• A 6-foot-high community theme wall is provided at the property line. • Where grading changes occur, incorporate contour grading techniques, avoiding sharp cut manufactured slopes to create a more natural appearance. b. Residential (PA 9)/ Adjacent Existing Residential Interface (Figure IV-8)

This interface occurs along the northern boundary of Planning Area 9, which are adjacent to established, large lot residential neighborhoods. Figure IV-8 illustrates the residential uses in Planning Area 9 and the existing adjacent neighborhood, which incorporates the following components:

• A 15-foot rear yard setback with a minimum 10’ level area. • A 4-foot side yard setback for side on conditions.

An additional 10-foot set back starting at the 6 -foot-high tubular steel fence at the rear property line of homes in Planning Area 9, consisting of a 5-foot landscaped slope at a 10:1 grade, a 5-foot wide concrete drainage swale, with a 6-foot high block wall at the tract boundary .

c. Secondary Road Streetscape / Adjacent Existing Residential Interface (Figure IV-9)

This land use transition is created where streetscape improvements for Watson Road are adjacent to established, large lot residential neighborhoods . The 88 -foot street right -of-way separates on-site residential and school land uses from off-site uses. This land use transition, as illustrated in Figure IV-9, incorporates the following components:

• Watson Road shall incorporate an 11-foot landscape development zone with informal groupings of trees and small flowering accents to retain a rural feeling while limiting views. • On-site residential lots are encouraged to provide generous backyard landscaping with informal groupings of trees to limit views from adjacent existing residential properties to proposed residential roof lines.
• A 6-foot-high community theme wall shall be provided at the property line of residential lots and school property abutting the Watson Road right -of-way.

Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 199

Menifee Mayor and City Council
May 1, 2024
Page
251 of 1143

IV. DESIGN GUIDELINES
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Along portions of Watson Road, a channel right -of-way further separates on-site residential and school uses from off-site development, limiting view potential. d. Drainage Channel/Business Park, Commercial & Industrial Interface (Figure IV-10)

This land use transition is created where business park industrial and commercial land uses interface with the flood control channel adjacent to Briggs Road is illustrated in Figure IV -10 and incorporates the following components:

• Streetscape landscaping between the street curb and the back of the landscape development zone shall be as required by the Conceptual Landscape Plan, Figure IV-1. • A 6-foot high community theme wall shall be provided at both sides of channel. Figure IV -30 illustrates the Community Walls and Fencing Plan for MENIFEE NORTH. • Site plans for business and commercial uses should strive to create reverse frontage products at this edge condition, however allowing for signage on the rear of buildings for good visibility from Briggs Road. Signage and graphics should be compatible with the overall community theme.

As illustrated in Figure IV-10, at edge conditions created in Planning Area 2, industrial land uses interface with both sides of the channel. Because public views of this area are limited, the importance of screening the channel is minimized. Landscape setbacks and buffering of the channel is recommended only if required by "percentage of area" landscape out "shading density" requirements. Fencing shall be provided along both sides of the channel. Industrial areas directly abutting the channel are is recommended for storage yards and loading docks.

f. Existing Residential / Park (PA 10) Interface (Figure IV-11)

This land use transition is created where proposed park improvements are adjacent to established, large lot residential neighborhoods. Figure IV-11 illustrates the existing residential/park land use transition which incorporates the following components:

• A 6 -foot high combination low stucco wall with tubular steel fence shall be provided at the property line to allow open spacious view into park from adjacent residential uses, while limiting public intrusion into private lots.
• A 20-foot wide landscaped buffer shall be established at the park edge. • Landscape tree plantings for the park site should stress the use of tall skyline tree plantings to retain views into the park site. Trees such as Eucalyptus species, plane trees and California Sycamores should be planted in random informal groves or groupings. Tree plantings should generally be concentrated along the outer edges of the park to allow for the maximization of unrestricted usable open space.
• Site plans for adjacent residential land uses should strive to provide direct, convenient circulation connections to park site.
• Encouraged graceful mounding should be designed throughout park to create a natural appearance.

Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 200

Menifee Mayor and City Council
May 1, 2024
Page
252 of 1143

IV. DESIGN GUIDELINES
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g. Residential / Business Park, Mixed-Use and Commercial Interface (Figure IV-12)

This interface, shown in Figure IV-12 occurs where residential land uses, either existing or proposed, are adjacent to Business Park, Mixed Use or Commercial land uses. The following components apply:

• Site plans should strive to orient parking, vehicular circulation and loading and storage areas away from the residential interface. Where parking, vehicular circulation, loading or storage areas occur adjacent to residential areas, they should be separated from the residential areas by a minimum 10- foot-wide landscaping screening buffer.
• A 10-foot wide planning area shall be incorporated along the business park/commercial/mixed use side of the screen wall. Screening shall be provided at the commercial/business park/mixed -use edge by a 6-foot-high decorative wall which is compatible in appearance with the community walls.
• Planning areas in commercial, business park and mixed-use areas visible from adjacent residential lots shall be liberally and informally planted with a combination of vertical trees, canopy trees, shrubs, and groundcovers.
• Site plans for single family lots should strive to construct units a minimum of 15 feet from the property line adjacent to the transition area .
h. Residential (PA 22) / E Street / Commercial (PA 23) Interface (Figure IV-13)

This interface occurs where residential land uses in Planning Area 22 are adjacent to E Street and the Commercial land uses within Planning Area 23. Figure IV-13 illustrates the E Street roadway treatment between residential and commercial land uses, which incorporates the following components:

• A 56-foot right-of-way, consisting of 36 feet of paving, a 6-foot curb-adjacent sidewalk and a 4- foot landscaped parkway at the southerly right -of-way edge of the internal local street. • A minimum 20-foot landscaped slope at a 2:1 grade, with a 5-foot-wide concrete swale at the toe of the slope, will be established at the tract boundary. • Landscaped areas will be planted with a combination of vertical trees, canopy trees, shrubs, and groundcovers.
i. Residential (PA 22) / Briggs Road Interface (Figure IV-14)

This interface occurs between residential land uses in Planning Area 22 to Briggs Road. Figure IV -14 illustrates the Briggs Road roadway treatment between residential land uses and off-site conditions, which incorporates the following components:

• A 123-foot ultimate right-of-way, consisting of 38-feet of paving and a 21-foot-wide area which accommodates landscaping, including a 6 -foot meandering sidewalk on the westerly section of Item Title: 10.5
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Briggs Road. The additional 64 feet of improvements on the east of the Briggs Road centerline shall be improved by others.
• A maximum 6-foot-high block wall shall be provided at the property line. • A 20-foot setback outside of the right-of-way, which includes a city maintained landscaped slope at a maximum 2:1 grade, extends from the 6-foot-high block wall at the rear property line to the westerly right-of-way.
j. Residential / Regional Trail / Open Space Interface (Figure IV-15)

This interface occurs where residential planning areas are adjacent to the regional trail and open space areas. In areas where grading will be required at up-hill natural slopes, a fuel modification interface shown on Figure IV-15, is proposed. This treatment will ensure proper revegetated edge conditions, provide for an aesthetic transition between natural and created conditions and if, and when necessary, reduce fire hazards. Per the Menifee Fire Department, the following components apply:

• A 6-foot-high solid masonry wall shall be provided at the rear of residential lots. Masonry walls shall provide for access openings for fire equipment every 1,500 linear feet. • All areas disturbed by grading shall be revegetated with fire retardant plants subject to Menifee Fire Department approval.
• Any trees planted shall be located a minimum of 30 feet from the rear of residential property lines.

k. Regional Trail / Roadway/Commercial, Business Park & Residential Interface (Figure IV-16)

A portion of the regional trail will be located along project roadways (Briggs Road, McLaughlin Road, Street "C" and Emperor Road). In these areas, adequate buffering is required to separate the trail from the adjacent right-of-way and the adjacent residential lots or commercial or business park parking lots. This interface is depicted in Figure IV-16 and incorporates the following components:

• An 8-foot-wide planting area shall be provided between the pedestrian sidewalk and the regional trail. Canopy street trees shall be planted in this area in accordance with the Conceptual Landscape Plan.
• A 2-foot-wide planting area to accommodate shrubs and groundcover shall be provided between the regional trail and the adjacent land uses.
• Where residential lots abut the regional trail, a project theme wall shall be constructed at the property line.
l. Residential (PA 22) / School Interface (Figure IV-17A)

This interface occurs where the school site in Planning Area 21 is either adjacent to or abutting the residential homes in Planning Area22. Figure IV -17A illustrates the residential to school land use transitions, which reflect the following conditions:

Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 202

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May 1, 2024
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• Condition A: Where the school site in Planning Area 21 abuts a local street, the land use transition incorporates the following components:
▪ A 56-foot ultimate right-of-way, consisting of a 6-foot-wide curb-adjacent sidewalk and a 4-foot-wide landscaped parkway at the edge of the right of way on both sides of the street. ▪ A minimum 5-foot setback outside of the right-of-way extends from the easterly right-of- way to the tract boundary, and includes a maximum 2:1 city maintained landscaped slope and a 2-foot-wide v-ditch concrete drainage channel.
▪ A maximum 6-foot-high block wall may replace the existing chain link fence at the tract boundary of Planning Area 21.

• Condition B: Where homes in Planning Area 22 abut the school site in Planning Area 21, the land use transition incorporates the following components:
▪ A minimum 5-foot side yard setback.
▪ A 10 -foot private drainage easement, as part of the side yard setback, extends to a maximum 2:1 slope (where required) which then terminates at a 2 -foot-wide v -ditch drainage channel located at the existing chain link fence at the property line of homes in Planning Area 22 (Chain link fence may be removed during construction when replaced by block wall).

m. Residential (PA 22) / Community Center (West) Interface (Figure IV-17B)

This interface occurs where residential land uses in Planning Area 22 are directly adjacent to the western portion of the Community Center within Planning Area 20. Figure IV -17B illustrates the residential to community center land use transition which incorporates the following components:

• A minimum 15-foot rear yard setback with a minimum 10’ level area (or minimum 4 -foot side yard setback, where applicable).
• A maximum 6-foot-high block wall (with a 4-foot-high retaining wall where applicable) shall be provided at the rear property line of homes in Planning Area 22 with an existing chain link fence at the tract boundary (Chain link fence may be removed during construction when replaced by block wall).

n. Residential (PA 22) / Open Space / Community Center (South) Interface (Figure IV-18)

This interface occurs where residential land uses in Planning Area 22 are directly adjacent to the southern portion of the Community Center within Planning Area 20. Figure IV -18 illustrates the on -site residential/open space/community center land use transition which incorporates the following guidelines:

• A minimum 15-foot rear yard setback with a minimum 10’ level area. • A maximum 6-foot-high block wall (with a 4-foot-high retaining wall where applicable) shall be provided at the property line.
• A 46-foot set back extends from the 6-foot-high block wall at the rear property line and includes a 20-foot-wide landscaped slope at a maximum 2:1 grade, along with a 24 -foot-wide area which Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 203

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May 1, 2024
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accommodates landscaping, including a 6 -foot-wide meandering sidewalk and a 3 -foot-wide concrete swale (where required) which runs parallel to the existing chain link fence on the tract boundary. The existing chain link fence may be replaced with a tubular steel or wrought iron fence.

Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 204

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May 1, 2024
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3. STREETSCAPES

The Conceptual Landscape Plan, Figure IV-1, establishes the streetscape hierarchy and continuity of the MENIFEE NORTH project. The plant palette and landscape treatments for each of the streets serve to emphasize certain key aspects of each corridor. Plant materials will be selected for their ability to express a dynamic design nature which will be dependent upon their particular sizes, shapes, forms, textures and flowering habits. The particular physical characteristics and growth habits of streetscape plant materials will allow them to influence the identities and functions of the street system on which they are placed.

a. Highway 74 / Ethanac Road (Figure IV-19)

State Highway 74 and Ethanac Road (combined) is the most significant corridor of the MENIFEE NORTH project, forming the major entries from the east and the west. The Specific Land Use Plan (Figure III-1) appropriately provides for commercial uses along this established corridor, transition ing outward to adjacent compatible land uses. A formal statement of distinctive tall evergreen trees, as depicted in Figure IV-19, not only strengthens the suburban nature of this streetscape but creates a feeling of grand entry to the community of MENIFEE NORTH. Because of the high visibility requirement necessary for successful commercial uses, the plantings along this streetscape are to be simple and uncluttered, allowing views to penetrate commercial uses. Backdrop trees will be evergreen for year -round marking appeal, with flowering accent trees in the foreground and center median. Detailed plantings are reserved for individual uses and monumentations. Landscape berms with a formal hedge will screen parking lots and support and strengthen this streetscape.

b. Urban Arterial Highway Streetscapes - Menifee Road (Figure IV-20) and Major Highway Streetscape - Antelope Road and Briggs Road (Figure IV-21)

Because Menifee Road and Briggs Road continue through adjacent proposed and existing communities, special consideration has been given to create continuity throughout these areas. For this reason, the Plantanus acerifolia has been adopted as the street tree along Menifee Road and Magnolia grandiflora has been selected as the street along Briggs Road. Architectural themes, wall entries, and setbacks have also been coordinated for a compatible streetscene.

c. Typical Secondary and Industrial Collector Road Streetscape (Figure IV-22)

To achieve a balance between the projects suburban and rural characteristics, community streetscapes will employ a combination of plant material types and planting arrangements. Generally, the remainder of the streets within the community with a higher traffic volume whether commercial, industrial or residential, should express a more suburban nature as depicted in Figure IV -22.

d. Modified Secondary/Collector Road Streetscape – Palomar Road and Watson Road (PA 9 & PA 22) (Figure IV-23)

The portion of Watson Road abutting Planning Area 22 and the portion of Palomar Road abutting Planning Area 9 shall consist of a combination of plant material types and planting arrangements to provide residential privacy and enhance community entries. The landscaped parkways are planted in accordance with Section IV.D.2. Menifee North Plant Material Palette.

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• Watson Road - Modified Secondary (94’ R.O.W.): The MENIFEE NORTH Specific Plan is responsible for the southerly 50 -foot-wide half-width section improvements to Watson Road, including a 9-foot-wide curb adjacent landscaped parkway, a 5-foot sidewalk, and a 4-foot-wide landscaped parkway at the edge of the right -of-way.
• Palomar Road - Modified Collector (88’ R.O.W.): The MENIFEE NORTH Specific Plan is responsible for the easterly 44 -foot-wide half -width section improvements to Palomar Road, including a Class II bike lane, 6-foot-wide curb adjacent sidewalk, and a 6-foot-wide landscaped parkway at the edge of the right-of-way. No trees shall be planted along the easterly right-of-way of Palomar Road, in conformance with existing SCE easement restrictions .

e. Collector Streetscape - Junipero Road (Figure IV-24)

Junipero Road serves as an access point into Planning Area 9. The ultimate half width improvements to Junipero Road are illustrated on Figure IV-24, and the MENIFEE NORTH Specific Plan is responsible for the westerly 37-foot-wide half-width section improvements, as well as an additional 12 feet of pavement east of the centerline. Improvements include a 5-foot-wide curb adjacent landscaped parkway, a 6-foot-wide sidewalk, and a 4-foot-wide landscaped parkway at the edge of the right-of-way. The landscaped parkway is planted in accordance with Section IV.D.2. Menifee North Plant Material Palette.

e. Local Street/Modified Industrial Collector – Malone Avenue (Figure IV-25) Malone Avenue and neighborhood streets within Planning Area 22 are characterized by a well-balanced combination of plants and trees to further strengthen the community’s suburban character. The MENIFEE NORTH Specific Plan is responsible for the following improvements:

• Malone Avenue (South of Varela) – Modified Industrial Collector (66’ ROW): The MENIFEE NORTH Specific Plan is responsible for the easterly 3533-foot-wide half -width section improvements, as well as an additional 12 feet of paving west of the centerline. Improvements include a 6-foot-wide curb adjacent sidewalk and a 5-foot-wide landscaped parkway at the edge of the right-of-way.
• Malone Avenue (North of Varela) – Modified Local Street (60’ ROW): The MENIFEE NORTH Specific Plan is responsible for the easterly 30-foot-wide half-width section improvements, as well as an additional 12 feet of paving west of the centerline. Improvements include a 6-foot-wide curb adjacent sidewalk and a 4-foot-wide landscaped parkway at the edge of the right -of-way.

4. COMMUNITY OPEN SPACE

The MENIFEE NORTH Specific Plan offers a variety of open space and recreational opportunities as discussed below.

a. Community Center/Park/School Shared Use (Figures IV-26 and IV-27)

Where a "Shared Use" concept between school sites and the adjacent community parks can be developed, additional improved open space areas (play fields, game courts, etc.) within the school site can also become an integral component of the projects Community Open Space. The park and school will be developed to the specifications of the City of Menifee and the governing school district. Pursuant to existing requirements, the park will include multipurpose playing fields, multi-purpose courts, restrooms, picnic and parking facilities. The landscaping theme will be consistent with the streetscape and edge Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 206

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interface conditions as previously discussed. A conceptual site plan for the 11.4-acre community center/park is shown in Figure IV -26; and a conceptual site plan for the 12.5-acre community park is shown on Figure IV-27.

c. Mini-Parks (Figure IV-28)

The land use plan proposes the development of one mini-park. This park is intended to serve as a gathering place for the residential enclaves in which it is located. Generally, these parks might be improved to include a picnic area with tables, benches and barbecues, and a turfed area or sand surfaced tot lot or playground. The park would be planted with a combination of Eucalyptus, Pine or Sycamore tree species to provide shade and to define the individual active or passive use areas. A meandering paved, pedestrian pathway or walkway system could be provided for the park and, where appropriate, would be linked to pedestrian walkway systems to adjacent residential neighborhoods.

5. COMMUNITY WALLS AND FENCING

Community walls and fences that can be viewed from the public streets , as illustrated on Figure IV -29, Community Walls and Fence Plan , form an integral par t of the community design. They can unify the various land uses and reinforce the design themes established at the project entries. A set of standards has been developed for community walls and fences as illustrated in Figure IV -30, Community Walls and Fence Details, and Figure IV-31, Community Walls and Fence Details (PA 9 and PA 22). The location of each wall or fence is conceptually illustrated in Figure IV-30, however, the location will vary depending upon final detail design and grading considerations .

In general, solid walls will be located adjacent to residential uses along major highways and secondary roads, where the lot is at approximately the same grade as the street, and as screen elements between incompatible land uses. Concrete, decorative block, or stucco with brick or molded caps are all the accepted materials for these walls. In cases of basin perimeters, where security is a prime consideration, or where side and rear yards have desirable views but a solid wall is not necessary to inhibit fire or wildlife, high quality wrought iron or tubular steel -type fencing should be employed. A solid wood fence of the high quality depicted in Figure IV-29, is acceptable for use between residential lots.

6. SIGNAGE

The MENIFEE NORTH Specific Plan area is intended as a high-quality, mixed-use community. Therefore, only a limited amount of signage shall be permitted in the community.

a. General Intent

• Signage shall be attractive and subdued in keeping with the character of a contemporary urban environment.
• Signs shall be limited to community identification, direction and building or company identification only. Signs should not be used for product advertising. • All business signs shall be compatible with the architecture of the building they identify.

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• Retail commercial signage shall be limited to below the roofline and be consistent in color and theme. Monument signs are encouraged and should be of a size only necessary for identification. • Residential signs should be coordinated and integrated with the neighborhoods in which they are erected.
• All signs should be well integrated into site landscaping. • All signs shall be compatible with the overall theme of the MENIFEE NORTH Specific Plan area and shall be in conformance with Section 9.220, Sign Regulations , of the City of Menifee Development Code.
• All signs shall be of professional quality.
• No signs shall be painted directly on any building elevation . • Signage design and schematics, showing location, size, dimensions, type style and colors, shall be submitted with the required plot plan for the retail commercial site. Residential signage shall be controlled through CC&Rs or other appropriate mechanism. b. Prohibited Signs

• Pylon signs shall be prohibited.
• Revolving, rotating or moving signs shall be prohibited. • Signs with flashing or blinking lights shall be prohibited. • Roof signs shall be prohibited.
• Projecting signs shall be prohibited.
• Totem signs displaying the names of each tenant shall be prohibited. • Billboards shall be prohibited.
• Portable signs, including vehicles used as billboards, shall be prohibited. • Signs advertising or displaying any unlawful act, business or purpose shall be prohibited. • Any strings, pennants, banners, streamers, balloons, inflatable objects, flags, twirlers, propellers, noise-emitting and similar attention getting devices shall be prohibited, except:
1) National, state, local governmental, institutional or corporate flags should be allowed. Flag pole locations should be shown on the site plan for approval. Only one set of flags should be allowed on each site.

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2) Holiday decorations in season, used for an aggregate of 45 days in any one calendar year, should be allowed.

3) Pennants, banners or flags used in conjunction with subdivision sales offices and tract entry points should be allowed during the initial sales period.

c. Retail Commercial Monument Signs

• Monument signs are the preferred signage type for the Specific Plan area. • Monument signs should be set back a minimum of twenty feet from the face of curb (where no sidewalk is provided) and a minimum fifteen feet from the inboard edge of walk where a sidewalk or path is provided. Signs should be set back a minimum of fifteen feet from the property line and five feet from any driveway.
• Only one monument sign shall be allowed on each site. • Monument signs should have a concrete or masonry base, and should be compatible with the building architecture.
• Double sided monument signs are allowed.
• Monument sign lighting is allowed but not internal lighting. External lighting is encouraged so long as the lighting source is well concealed and consistent with the plan area design objectives. d. Building Mounted Signs: Retail Commercial Buildings

• Multi-tenant retail commercial buildings within areas zoned for commercial land use should have only one sign for each tenant.
• Tenant signage should be well integrated into the building design. • Multi-tenant retail commercial facilities shall have a cohesive, well integrated signage program.

The combined impact and interrelationship of all tenant signage shall be considered in signage program design, review and approval.
• All multi-tenant signs should be constructed of the same materials, have similar dimensions and coordinated colors.
• Can signs shall be prohibited.
• Internally illuminated channel letter signs are acceptable, but external, concealed and integrated lighting is preferred.
• As noted above, externally illuminated signage may be allowed when the lighting source is well concealed and signage design is consistent with plan area design criteria.

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• The mounting of signs on projecting architectural elements shall be allowed when they are compatible with the building architecture and compatible with the plan area design objectives. e. Multi-Tenant Building Signs

• Multi-tenant signage shall be coordinated with the building architecture occurring in a pattern on the building elevation.
• Multi-tenant signage should be subdued and more restrained than commercial retail signage. All multi-tenant signs should be constructed of the same materials, have similar dimensions and coordinated colors.
• Signs should be similar in design having the same size, shape and color. f. Community Entry Monumentation

• Signage for community entry monumentation is highly encouraged. • Design of such monumentation shall be coordinated with the street landscape and street furniture.

Monumentation should inform the viewer, through written and symbolic graphics, that the planned community or development is being entered.
• Monuments should be compatible with the design theme of the MENIFEE NORTH Specific Plan and the developments or communities they identify.
• Entry monuments should establish the community or development design theme. Logo, logotype and color schemes shall be consistent throughout the area being identified. • Entry monuments may be illuminated externally if they are consistent with the MENIFEE NORTH Specific Plan design theme; glare is controlled, and lighting sources concealed. • Permanent, low maintenance materials, such as stone, brick, other masonry or stucco should be used.
g. Directional Signage

• Directional signage, to identify and direct vehicular and pedestrian traffic to various on -site destinations, shall be allowed.
• Directional signage should be of consistent design throughout the project. Signage should be fabricated from the same materials, with a consistent color palette and a common graphic theme. • Directional signs shall be small scale and of consistent dimensions and mounting height. • Directional signage should be compatible with the architectural design of the project and with the design theme of the plan area.

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h. Temporary Signage

• Signage identifying uses or activities temporary in nature, such as real estate sales and leasing, subdivision signage, contractors, design firms and developer signage associated with development or construction of buildings are allowed if consistent with the plan area design character. • Temporary signage shall be located on or in close proximity to uses identified. • Concise standards for temporary signage, including dimensional requirements, materials of construction, mounting heights, colors and graphic format should be prepared as part of the implementation of the Specific Plan, such as through CC&Rs. • The multitude of signs associated with development, design, construction and leasing should be combined into one design for each project.

7. LIGHTING

The level of on -site lighting as well as lighting fixtures, shall comply with any and all applicable requirements and policies of the City of Menifee . Energy conservation, safety and security should be emphasized when designing lighting systems.

• It is recommended that all primary streets be adequately illuminated to provide for the safety and comfort of vehicular and pedestrian movement. Appropriate lighting will encourage night time use of community facilities.
• Landscape lighting may be used for accentuating the following conditions: shrub masses, focal elements, and trees (up -lights) if properly camouflaged from view and placed at ground level without attaching to plant materials.
• All lighting shall be designed and located in a manner which is compatible with scenic values and other public interests throughout the community.
• General lighting shall not cast any glare onto adjacent lots and streets in such a manner as to decrease the ambience of adjacent areas or the safety of pedestrian and vehicular movement. • Indirect wall lighting and "wall washing" overhead down lighted or interior illumination which spills outside is encouraged.
• Pedestrian lighting shall provide area illumination for entry ways, courtyards and other such areas. • Lighting fixtures shall be complimentary to the architectural concepts.

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D. LANDSCAPE ARCHITECTURAL GUIDELINES AND STANDARDS

1. INTRODUCTION

The guidelines presented herein are not intended to discourage creative design or individuality. Rather, they are intended to assist in providing the continuity and desired image which will make MENIFEE NORTH a unique and special community.

2. MENIFEE NORTH PLANT MATERIAL PALETTE

It is the intent of the Design Guidelines to allow flexibility and diversity in planting design while defining an acceptable palette which reinforces the thematic identity of MENIFEE NORTH.

A limited selection of plant materials used in simple significant compositions is encouraged. Planting designs should be compatible with and complement adjacent plantings and should reinforce and enhance the individual architecture and design of each site. The materials on the plant lists have been selected for their contribution to the project theme, their adaptability to climate and soil conditions and with a concern for long-term cost effective maintenance.

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MENIFEE NORTH Plant List

The plant palette for MENIFEE NORTH is proposed to be comprised of the following:

TREES - EVERGREEN

Botanical Name Common Name
Acacia baileyana Bailey Acacia
Arbutus menziesii Madrone
Brachychiton populneus Bottle Tree
Casuarina stricta Mountain She-Oak
Cedrus deodara Deodar Cedar
Cinnamomum camphora Camphor Tree
Eriobotrya deflexa Bronze Loquat
Eucalyptus camaldulensis Red Gum
Eucalyptus leucoxylon 'Rosea' White Ironbark
Eucalyptus rudis Desert Gum
Eucalyptus sideroxylon Red Ironbark
Ficus rubiginosa Rustyleaf Fig
Geijera Parviflora Australian Willow
Melaleuca linarifolia Flax Leaf Paperbark
Nerium oleander Oleander Standard
Olea europaea 'Fruitless' Fruitless Olive
Pinus edulis Pinon Pine
Pinus halepensis Aleppo Pine
Pinus pinea Italian Stone Pine
Podocarpus gracilior Fern Pine
Quercus agrifolia Coast Live Oak
Quercus engelmannii Mesa Oak
Quercus ilex Holly Oak
Rhus lancea African Sumac
Schinus Molle California Pepper Tree

TREES - DECIDUOUS

Botanical Name Common Name
Albizia julibrissin Silk Tree
Alnus rhombifolia White Alder
Bauhinia variegata Purple Orchid Tree
Brachychiton acerifolius Australian Flame Tree
Cercidium ‘Desert Museum’ Desert Museum Palo Verde
Chilopsis linearis Desert Willow
Fraxinus uhdeli Evergreen Ash
Fraxinus velutina 'Modesto' Modesto Ash
Ginko Biloba Maidenhair Tree
Gledisia triacanthos Honey locust
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Koelreuteria bipinnata Chinese Flame Tree
Koelreuteria paniculata Goldenrain Tree
Langerstemia indica Crape Myrtle
Liquidambar styraciflua American Sweet Gum
Liriodendron tulipifera Tulip Tree
Pistacia chinensis Chinese Pistache
Plantanus occidentalis London Plane Tree
Platanus racemos California Sycamore
Populus fremontii Fremont Cottonwood
Populus nigra 'Italica' Lombardy Poplar
Prunus cerasifera 'Thundercloud' Purple Leaf Plum
Pyrus calleryana 'Aristocrat' Ornamental Pear
Pyrus calleryana 'Bradford' Ornamental Pear
Pyrus kawakamii Evergreen Pear
Quercus coccinea Scarlet Oak
Robina ambigua idahoensis Idaho Locust
Sophora japonica Japanese Pagoda Tree

SHRUBS (LARGE TO MEDIUM)

Botanical Name Common Name
Abelia 'Edward Goucher' Edward Goucher Abelia
Acacia species No Common Name
Ceanothus species California Lilac
Cercis occidentialis Western Redbud
Chaenomeles species Flowering Quince
Cistus species Rockrose
Cotoneaster species Cotoneaster
Dodonea viscosa Hopseed Bush
Elaeagnus pungens SilverBerry
Eriogonum giganteum St. Catherine's Lace
Escallonia fradesil No Common Name
Euonymus japonica Evergreen Euonymus
Grevillia ‘Noelii’ Noell’s Gravillea
Fatsia japonica Japanese Aralia
Feijoa sellowiana Pineapple Guava
Forsythia intermedia Forsythia
Hesperaloe parviflora Red Yucca
Heteromeles arbutifolia Toyon
Ilex species Holly
Juniperus species Juniper
Leptospermum scoparium New Zealand Tea Tree
Leucophyllum frutescens Texas Ranger
Lobelia laxiflora Mexican Bush Lobelia
Ligustrum japonicum Japanese Privet
Magnolia soulangiana Saucer Magnolia
Mahonia aquifolium Oregon Grape
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Nandina domestica Heavenly Bamboo
Nerium oleander Oleander
Osmanthus fragrans Sweet Olive
Phormium tenax Flez
Pittosporum tobira Tobira
Plumbaga auriculata Cape Plumbago
Podocarpus macrophyllus Yew Pine
Prunus caroliniana Carolina Laurel Cherry
Pyracantha species Firethorn
Raphiolepis species Indian Hawthorn
Rhus ovata Sugar Bush
Ribes sanguineum Pink Winter Currant
Rosemary ‘Tuscan Blue’ Rosemary
Salvia apiana White Sage
Tecomaria capensis Cape Honeysuckle
Viburnum tinus 'Spring Bouquet' Laurustinus
Xylosma congestum Xylosma

SHRUBS (SMALL)

Botanical Name Common Name
Agapanthus africanus Lily of the Nile
Calliandra californica Baja Fairy Duster
Ceanothus species California Lilac
Chyrsactinia mexicana Diamantia
Cistanthe grandiflora Rock Purslane
Cistus x purpureus Purple Rockrose
Clivia miniata Clivia
Hemerocallis species DayLily
Juniperus species Juniper
Lantana ‘Gold Mound’ Gold Mound Sunset Lantana
Lavandula angustifolia English Lavender
Liriope gigantea Lily Turf
Lonicera japonica 'Halliana' Hall's Honeysuckle
Dietes Vegeta Fortnight Lily
Mahonia aquifolium 'Compacta' Compact Oregon Grape
Nandina domestica 'Compacta' Compact Heavenly Bamboo
Nandina domestica 'Nana Compacta' Dwarf Heavenly Bamboo Nerium oleander 'Petite Pink' Dwarf Oleander
Pittosporum tobira 'Wheelers Dwarf' Wheeler's Dwarf
Ribes viburnifolium Catalina Perfume
Teucrium x lucidrys Wall Germander
Tulbaghia violacea Society Garlic
Xylosma congestum 'Compacta' Compact Xylosma

VINES
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Botanical Name Common Name
Cissus Anartica Kangaroo Treebine
Clytostoma callistegioides Violet Trumpet Vine
Macfadyena unguis-cati Cat's Claw Vine
Gelsemium sempervirens Carolina Jessamine
Jasminum mesnyi Primrose Jasmine
Lonicera japonica Japanese Honeysuckle
Parthenocissus tricuspidata Boston Ivy
Wisteria floribunda Japanese Wisteria

GROUNDCOVERS

Botanical Name Common Name
Ajuga reptans Carpet Bugle
Baccharis pilularis 'Twin Peaks' Coyote Bush
Campanula poscharskyana Serbian Bellflower
Duchesnea indica Indian Mock Strawberry
Gazania splendens 'Mitsuwa Yellow' Gazania
Hedera helix English Ivy
Hypericum calcinum Aaron's Beard
Juniperus species Juniper
Lantana ‘Spreading Sunset’ Spreading Sunset Lantana
Lonicera japonica 'Halliana' Hall's Honeysuckle
Myoporum parvifolium Myoporum
Myoporum parvifolium ‘White’ White Myoporum
Pelargonium peltatum Ivy Geranium
Potentilla species Cinquefoil
Senecio T. ssp. mandraliscae Blue Chalk Sticks
Vinca minor Dwarf Periwinkle

GRASSES
Botanical Name Common Name
Bouteloua ‘Blonde Ambition’ Blonde Ambition Grama Grass Carex divulsa Berkeley Sedge
Muhlenbergia dubia Pine Muhly

SUCCULENTS
Botanical Name Common Name
Agave ‘Blue Glow’ Blue Glow Agave
Agave Americana Century Plant
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3. PLANTING TIME

The MENIFEE NORTH area experiences temperature extremes which can make it difficult for the installation of plant materials during the hot summer months (July - September) and the cold winter months (December - March). Container plants which have not been acclimated to the region may experience heat or frost damage resulting in partial or total loss of foliage, even if these materials will be perfectly suited to the temperature extremes once they are established. If construction schedules permit, the ideal planting time is in the spring or fall months.

4. LANDSCAPE INSTALLATION REQUIREMENTS

All areas required to be landscaped shall be planted with trees, shrubs, groundcover, vines or turf selected from the plant palette contained in these Design Guidelines.

Parcel developers should assess any existing landscaping adjacent to their property and whenever possible, reinforce and complement that established character. Detailed landscape plans are to be prepared by a licensed landscape architect for each individual project. Parcel Developers must submit landscape plans to proper agencies for approval prior to installation.

5. CLIMATIC CONSTRAINTS

a. The plant materials for MENIFEE NORTH have been chosen for their ability to thrive within the site's exacting climate. The plants should grow to their full potential with a minimum amount of maintenance and replacement costs.

Precipitation, temperature, and wind are the limiting climatic factors affecting plant choice.

b. Average annual rainfall in the area varies from nine to thirteen inches.

c. The MENIFEE NORTH area's extreme temperatures range from 18 degrees in the winter to 115 degrees in the summer. The average daily temperature range is 40 to 65 degrees in the winter and 58 to 90 degrees in the summer.

6. HORTICULTURAL SOILS TEXT REQUIREMENTS

Due to the many varieties of soils within MENIFEE NORTH, all Parcel Developers shall be required to prepare a horticultural soils report to determine appropriate planting and maintenance requirements for specified plant materials. This soils report shall be prepared by a qualified agricultural laboratory supervised by a member of the American Soils Testing Laboratory and shall include a soils fertility and agricultural suitability analysis with pre-planting and post-planting recommendations to be included in the landscape working drawings.

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7. IRRIGATION

a. All areas requiring landscaping shall include the installation of a permanent automatic irrigation system to ensure proper plant growth. The irrigation system shall be designed to separate turf areas from shrub areas so as not to irrigate shrubs, groundcover, and lawn simultaneously.

b. Pop-up sprinklers adjacent to all walkways and areas of pedestrian or vehicular traffic shall be spring retractable types.

c. Pop-up sprinklers shall have matched precipitation rates.

d. All valves shall be wired independently.

e. Irrigation backflow prevention devices and controllers shall be located and/or screened with appropriate plant material to minimize visibility.

f. Detailed irrigation plans are to be prepared by a licensed landscape architect.

g. Parcel Developers must submit irrigation plans to appropriate reviewing agencies for approval prior to installation.

8. LANDSCAPE MAINTENANCE

a. The overall aesthetic effect of the landscape shall be an evergreen thriving plant community. Each owner shall provide continuous maintenance for all planted and hardscape areas within his/her site, keeping it free and clear of weeds, debris, rubbish, and in a neat and clean condition.

b. All owners will be required to maintain plant materials in a thriving condition of growth by practicing proper agriculture techniques of pruning, pest control and fertilization. All palms shall be skinned periodically as necessary. Special attention must be given to preventing the installation of rootbound Eucalyptus species.

c. From the completion of installation, landscaping shall be maintained in a sightly and well kept condition.

d. Until maintenance responsibility is transferred to a Maintenance Organization, the Master Developer shall repair and maintain all landscaped parkways and medians. This maintenance shall include the replacement of landscaping, pavement, and lighting (if necessary), keeping the area free and clear of weeds, debris and rubbish, and in a well kept condition.

e. No owner shall interface with the drainage of water from any site except in accordance with plans approved by all public agencies having jurisdiction.

f. Landscaping and irrigation installed by the Master Developer or the Parcel Developer shall be maintained by them, in a healthy and operational condition until its transfer to public responsibil- ity. All plant material failure shall be replaced with same materials that will match the size and height of adjacent material. Damaged or malfunctioning irrigation must be repaired or replaced to Item Title: 10.5
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match the original condition of the system, and irrigation overspray and excessive runoff shall be kept to a minimum.

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E. ARCHITECTURAL GUIDELINES

The architectural theme of MENIFEE NORTH is one of "oasis" and "comfortable shelter". The desire to reinforce the impression of coolness and a relaxed, country club atmosphere has led to a series of architectural ideas which have been deemed appropriate for dealing with the environment. The weather at MENIFEE NORTH is a result of the basically arid climate located in the City of Menifee. The summers are dry and hot, with temperatures frequently reaching 95+ degrees. The high land elevation and dry climate cause a strong temperature swing downward once the sun sets, cooling the land masses and buildings. The winters can offer brisk winds and temperatures, making the warmth of a cozy hearth all that much more desirable. The buildings at MENIFEE NORTH, both residential and non-residential, will have to be flexible enough to cope with both the need to be cool, breezy, and open in the summer, and solid, warm, and stout in the winter.

Instead of transplanting a specific style to MENIFEE NORTH and attempting to define the community theme as a series of clichés, we have chosen instead to define the architecture as "appropriate". The word "appropriate" is further codified by a series of desirable details. The incorporation of these details into the fabric of each individual community will allow these communities to form their own identities and yet let them be recognized as part of the larger community.

The design elements for MENIFEE NORTH that will help form its distinctive character are:

• Simple, natural appearing materials.
• Soft, warm colors
• Horizontal massing emphasis.
• Integration of indoors and outdoors.
• Cool, protected entries.
• Private patios, protected courtyards.
• Roofs with low pitches, wide overhangs.
• Windows which are grouped and shaded.
• Entry doors with a solid appearance.
• Garage doors with setbacks and appropriate solidity.
• Summer porches and verandas.
• Covered, shaded balconies and decks.
• Loggias for shade and rain protection.
• Chimneys of stone, brick, or stucco to express their mass. • Gutters and downspouts incorporated into the design, not added on.

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Design elements to avoid at MENIFEE NORTH are:

• Dark, moody colors or bright, flashy colors.
• Box-like architecture without detail or articulation. • High pitched (steep) roofs.
• Silver window and door frames.
• Monotonous garage door elevations.
• Vertical massing.
• Flat, unarticulated entries.
• Exposed metal chimneys.
• Exposed mechanical equipment.

It is the intent of these guidelines to establish a consistent architectural expression in the character of MENIFEE NORTH. The illustrations shown below are conceptual in nature and are only intended to depict concepts, not actual design. Finalized floor plans and elevations will be determined at a later stage of development.

TYPICAL FRONT ELEVATION

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TYPICAL FRONT ELEVATION

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1. MATERIALS

The choice of materials is not highly limited at MENIFEE NORTH. Their use in appropriate locations and in realistic ways, however, is paramount. The need for all buildings to appear as through they spring from the earth is a demanding task for freshly built, modern structures. Judicious use and mixtures of materials will help the designer succeed in this effort. Because of the rural/desert nature of the project, shiny or flashing materials may be inappropriate. Also, the use of numerous different materials on one structure will tend to clutter the design. It is intended that the buildings at MENIFEE NORTH reflect a design idea that uses the materials as a way to express craftsmanship rather than a celebration of the material itself.

Simplicity (not to be confused with plainness) will present very well, if the materials are used appropriately and consistently.

2. COLOR PALETTE

Colors at MENIFEE NORTH should be "calm" to reinforce the architectural theme of "oasis". Hot, vibrant colors with large amounts of chroma should be avoided, especially when considering large surfaces. The main body of the building should be colored soft enough to appear cool, but not dark and dreary or muddy.

Pastels can be used, if they are subtle. Trim color should contrast with the body color enough to provide an accent.

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3. BUILDING MASSING

The emphasis at MENIFEE NORTH, in the context of building massing, is on the horizontal line. Building elements which accentuate the horizontal are encouraged, including eave lines, balconies and rails, fenestration patterns, walls and trim lines.

When planning two -story structures, setbacks of enough dimension between one story and that immediately below it are encouraged to disassociate the two vertical planes. Use of roof elements, dressage, and other overhead structures to provide a horizontal break in vertical planes are also encouraged. On small lots, where the narrow frontage may prevent steps on the sides of the units, a front to back break in elevation, as well as varied setbacks along the street, are encouraged.

On commercial projects, loggias, stairways, balconies and walkways are encouraged to provide visual interest as well as to provide pedestrian spaces. Creating elevations that do not vary in plan should be avoided. The transitions from parking areas to the commercial buildings should be logical and shaded if at all possible.

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4. ENTRIES

The perception a person receives visually and emotionally from a house or building can set the whole tone for a visit to the space beyond. The creation of a feeling of protection, invitation, and openness all at the same time will allow the appropriate balance to exist between privacy and accessibility. Entries should be protected from the direct impact of the elements, but should not be so squeezed or constricted as to feel uninviting or claustrophobic.

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Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 257

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5. SCREENING

The definition between private and public spaces at MENIFEE NORTH will occur in a variety of ways. The use of setbacks, garden walls, fences, landscaping and even material changes to define the difference is highly encouraged.

Private courtyards will enhance the feeling of being able to move out of the house or building without moving completely into the public domain. They also can be used to provide a sheltered outdoor space to enjoy some quiet time.

Walls and fences of private yards which are visible to the street or public spaces shall be consistent with the overall theme of the project in which they appear. They also must be architecturally integrated with the community of MENIFEE NORTH as a whole. Plastered masonry walls, with or without other elements such as steel tubing, shall align with the design of the project walls discussed in the Landscape Guidelines section of this Specific Plan.

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Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 258

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6. ROOFS

The roof form at MENIFEE NORTH is seen as one of the primary form -giving elements. It can be used to help emphasize the horizontal lines of a building, as well as provide shelter from the elements. Because the average annual rainfall is not the major concern of all the elements, the roofs should be low and wide, with slopes predominantly 5:12 or less. Some accent roof areas may be allowed to exceed this slope if they do not represent a large percentage of the total roof area. The overhangs should be a minimum of two feet, so that the shadows they create can be used to shade the walls and windows below them.

The visible roofs of all buildings should appear substantial, as though there is a definite layer between the elements and the protected spaces below. Roofing materials can be either flat clay/concrete tiles or barrel tiles. The tiles will provide a mass which will help slow down heat absorption by the building.

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Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5 Item Page Number: 259

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7. WINDOWS

Windows are another basic form-giver to the buildings of MENIFEE NORTH. While the primary purpose of windows is to provide light and ventilation, all windows should be protected from the negative impact of the elements, especially the sun. Windows should appear in groups or bands whenever possible, and the detailing of the windows should be consistent around the entire building. Metal windows should have some color to them other than mill finish or natural silver/gray. Views, whether short range, private or public should be exploited.

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8. DOORS

Doors in the exterior walls of a building at MENIFEE NORTH should appear to fit with the style of the other detailing. Regardless of their composition, the coloring and detailing should be consistent. Metal skinned doors should be finished so they do not appear "shiny", unless all doors appear that way. All doors should be considered like windows, and the door's detailing should be reflective of the window detailing. Like windows, doors should be protected from the elements by overhangs, eaves or recesses.

9. GARAGE DOORS

Because the garage on most houses presents a major face to the public, its appearance is very important.

Any opportunity to change or vary the direction the door faces in relation to a street should be exploited.

The doors should not be set flush with the wall they appear in, but rather should be recessed or shaded by an eave.

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10. PORCHES

A porch, even a small one, can tremendously enhance the feeling of protection from the elements if it is covered or shaded. At MENIFEE NORTH, it is desired to have available to all persons some ability to move out of the building but not be out from under a protective covering. Whether it is a place to sit and read, or to set a potted plant, a porch will enhance the feeling of an "oasis".

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11. BALCONIES

In second floor conditions, it may be desirable to allow someone to walk outside on a balcony, either to gain a view or to just relax in a secluded area. It is encouraged that the balcony be shaded, protected and in harmony with the entire building design. Details, such as handrails, windows, doors, planters and roofing should enhance and coordinate with the overall design.

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12. LOGGIAS

The act of walking between two structures during harsh weather conditions can be enhanced dramatically by the use of a loggia. The covered walkway will reinforce the idea of "shelter" or "oasis", especially if used where a large number of people will congregate. A loggia can be used as a transition between privately owned structures (garage to house for example) or in buildings for public use such as commercial buildings, office buildings and industrial buildings.

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13. TOWERS

MENIFEE NORTH is attempting, even in the higher density parcels, to remain horizontal in overall impression. Towers, vertical billboards, tall signs and/or clock towers are not in keeping with that spirit, except when used in conjunction with landmarks in the community, such as the recreation centers, commercial centers, business parks and industrial parks.

14. CHIMNEYS

The chimney, as the outward symbol of the hearth, should be the anchor for the house visually. To do so, it should appear massive. Indigenous materials are encouraged for use as veneers. Rock, adobe, brick or stone will emphasize the connection to the land, as well as supplying the necessary heft. Plastered boxes containing metal flues are a minimum requirement and they must have detailing applied to enhance them. (While not specifically encouraged, wood clad chimneys may be acceptable if they are coordinated with other architectural elements of the dwelling. They would be reviewed on a case by case basis.) Exposed metal flues or wood trimmed flues are not appropriate.

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15. EXTERIOR STAIRS AND STEPS

Changes in elevation at MENIFEE NORTH should be handled as subtly as possible. Stairs and ramps should have changes in direction and frequent breaks in rise to soften the impression of overall rise. Steps cast on grade are encouraged to have kneewalls to allow the earth to berm against them. Where appropriate, and if possible, it is recommended that stairs have coverings/roofs to make them appear as part of the building as opposed to an attachment.

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16. GUTTERS AND DOWNSPOUTS

It is encouraged that roofs, sloped or "flat", be guttered to collect rainwater at MENIFEE NORTH. Where gutters are not used, roof overhangs should be of adequate dimension to minimize dripping of rainwater on the exterior of the dwelling. Rainwater should not fall onto paved areas where people will be walking.

17. SKYLIGHTS AND CLERESTORIES

Skylights and clerestories are encouraged to be used at MENIFEE NORTH. They can provide additional light and ventilation for the occupants, as well as add visual interest to the exteriors. Clerestories are preferred over skylights because they can be designed to control heat gain more readily. Skylights, if used, should be as flat as possible in profile, with clear or gray glazing. If they occur on flat roof sections, it is encouraged they be screened from view from public streets.

18. FLASHING AND VENTS

The roof surfaces at MENIFEE NORTH are important to the overall design character and should be left as uncluttered as possible. All flashing and vent stacks must be colored to match the surrounding surfaces.

Vents should be placed in the roofs where they will provide the least intrusion of the roofscape.

19. MAILBOXES

Installation of cast iron, cast aluminum, brick, or, slumpstone-encased curbside mailboxes are encouraged.

Each mailbox installation shall conform to current United States Postal Service standards.

20. UTILITY METERS

At MENIFEE NORTH, gas and electric meters should be located so that they are hidden from direct view from the street. They may be placed in "rooms" behind exterior access doors or screening, or they may be hidden by location away from main sight lines.

21. MECHANICAL EQUIPMENT

All mechanical equipment, roof mounted or ground mounted, will be screened by architectural elements as part of the design at MENIFEE NORTH. Sound attenuation of mechanical noise also will be necessary, both from neighbors and from within the structure being served by the mechanical equipment. Solar panels of any type must be incorporated into the design of the building on which they are placed. Coloring, materials, and bulk must be coordinated with the overall theme of the MENIFEE NORTH community.

22. COMMERCIAL, BUSINESS PARK AND INDUSTRIAL CRITERIA

The non-residential buildings of MENIFEE NORTH are expected to blend with the overall community in regard to the design guidelines discussed thus far. However, because of their size and varied uses, they should appear distinct from the houses.

When considering massing, the buildings should be stepped, both horizontally and vertically, when possible. Trim lines, detailing and color accents should complement the horizontal nature of the project in general.

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The use of loggias, balconies, stairways and other details outlined elsewhere in this document, are encouraged to provide variety in the building massing. Towers or other vertical elements can be used as a focal point.

Mechanical equipment must be screened, and the screening or building parapets used to do this must be an integral design with the main building mass. This screening will be required wherever the mechanical equipment could be seen from adjacent roads, highways, residential areas, and/or adjacent pedestrian areas. Flat roofs are acceptable, but pitched roofs for all or a portion of the buildings are also acceptable.

Signage and lighting must be consistently integrated with the building facade, and should be of uniform shape and materials. Retail commercial building exterior design should anticipate signage location, size and coloration so the eventual tenants can provide adequately sized as well as integrated signage. Multi- tenant projects should develop comprehensive sign programs.

There should be adequate separation between parking and the buildings to allow pedestrian flow to be comfortable. Sheltered/shaded pedestrian paths and entries are encouraged. Loading zones should avoid visual exposure to adjacent streets and residential zones. Walls and landscaping can be used to facilitate this screening.

Parking areas should be landscaped, with shading a major consideration. See the landscape guidelines section of this Specific Plan for further requirements. Where it is possible, it is encouraged that service and delivery circulation be separated from the public parking areas.

Reflective glass skins or non-residential buildings should not be used where it will adversely impact the adjacent buildings, especially if the adjacent buildings are residential. In general, large amounts of reflective glass are not in keeping with the overall tone the community is attempting to maintain.

Item Title: 10.5
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TYPICAL COMMERCIAL/BUSINESS PARK ELEVATIONS

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TYPICAL COMMERCIAL/BUSINESS PARK ELEVATION

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CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance Repealing and Replacing Menifee Municipal Code Section 3.12.090 as it Relates to Change Orders
MEETING DATE: May 1, 2024
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Adopt an ordinance repealing and replacing Menifee Municipal Code Section 3.12.090 as it relates to change orders.

DISCUSSION
At the April 17, 2024 City Council meeting, the City Council introduced the first reading of the ordinance to repeal and replace Menifee Municipal Code Section 3.12.090 as it relates to change orders. This is the required second reading for adoption. The ordinance would become effective 30 days from the date of adoption.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

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

ATTACHMENTS

1. Ordinance
Item Title: 10.6
Second

Reading

and

Adoption

of

an

Ordinance

Repealing

and

Replacing

Menifee

Municipal

Code

Section

3.12.090

as

it
Relates to Change Orders
Item Page Number: 1

Menifee Mayor and City Council
May 1, 2024
Page
380 of 1143

1 ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING SECTION 3.12.090 OF THE MENIFEE MUNICIPAL CODE TO UPDATE THE THRESHOLD OF THE CITY MANAGER’S SIGNING

AUTHORITY FOR CONSTRUCTION CONTRACT CHANGE ORDERS
WHEREAS, at the September 15, 2021 City Council meeting, City Council authorized staff to revise the Menifee Municipal Code, authorizing the City Manager to execute construction contract(s) change orders in increments up to $50,000; provided, the aggregate amount of all changes to a particular contract, including the change order under consideration, does not exceed 10% of the original contract cost; and
WHEREAS, by doing so, necessary unforeseen construction change order work can be approved expeditiously to lessen any project completion delays and/or mitigate any additional costs resulting from project timeline delays; and
WHEREAS, the proposed revision to the change order threshold in the Menifee Municipal Code will not apply to non-professional services and/or professional service contracts; and WHEREAS, all change orders, including construction contract change orders, will be reviewed and vetted for need and cost reasonability before approval.

WHEREAS, on April 17, 2024, the City Council held a duly noticed public hearing concerning the Ordinance, introduced and conducted a first reading of the Ordinance, and considered testimony and evidence at the public hearing held with respect thereto.

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Section 1. Menifee Municipal Code Section 3.12.090 Change Orders, is repealed in its entirety and replaced as set forth in Exhibit A, attached hereto and incorporated herein in full, to reflect the increased construction contract change of $50,000 increment threshold.

Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 4. Effective Date. This ordinance shall take effect 30 days from the date of its adoption.

Section 5. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

Item Title: 10.6
Second

Reading

and

Adoption

of

an

Ordinance

Repealing

and

Replacing

Menifee

Municipal

Code

Section

3.12.090

as

it
Relates to Change Orders
Item Page Number: 2

Menifee Mayor and City Council
May 1, 2024
Page
381 of 1143

2 This Ordinance was introduced and read on the 17TH day of APRIL, 2024 and APPROVED AND ADOPTED this 1ST of MAY, 2024.

Bill Zimmerman, Mayor
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
Item Title: 10.6
Second

Reading

and

Adoption

of

an

Ordinance

Repealing

and

Replacing

Menifee

Municipal

Code

Section

3.12.090

as

it
Relates to Change Orders
Item Page Number: 3

Menifee Mayor and City Council
May 1, 2024
Page
382 of 1143

3 CHAPTER 3.12 PURCHASING
§ 3.12.090 CHANGE ORDERS.

EXHIBIT A
TITLE 3: REVENUE AND FINANCE
Following the award of a contract or issuance of a purchase order for materials, supplies, equipment, services or construction contracts, the contract or purchase order may be amended by the issuance of a change order, provided the change which is the subject of amendment is reasonably related to the scope of the original contract. The Purchasing Officer will maintain control relative to the scoping, estimating and negotiating of the proposed change(s) and the Director of Finance will certify the availability of funds for the proposed change in the event that the change order increases the contract cost. On a regular basis, a report will be submitted to the City Council outlining all change orders that have been issued to contracts governed by this chapter during the reporting period. Any non-professional services or professional service contract change order with a total cost in the amount of $25,000 or less may be approved by the Purchasing Officer; provided, the aggregate amount of all changes to a particular non- professional services or professional service contract, including the change order under consideration, does not exceed 10% of the original contract cost. Any non-professional services or professional service contract change order in an amount greater than $25,000 or any non-professional services or professional service contract change order which, when considered with the aggregate amount of all other changes to a non-professional services or professional service contract, exceeds 10% of the original contract cost, shall be approved by the City Council. Further, any construction contract change order with a total cost in the amount of $50,000 or less may be approved by the Purchasing Officer; provided, the aggregate amount of all changes to a particular construction contract, including the change order under consideration, does not exceed 10% of the original contract cost. Any construction contract change order in an amount greater than $50,000 or any construction contract change order which, when considered with the aggregate amount of all other changes to a construction contract, exceeds 10% of the original contract cost, shall be approved by the City Council. Any time extension of the performance deadline up to a total of 60 days may be approved by the Purchasing Officer. Any time extension of a performance deadline that exceeds 60 days shall be approved by the City Council. If a proposed contract modification, change order or request for extra work exceeds the limitations imposed upon the Purchasing Officer by this section or by resolution, and any extended delay in obtaining City Council approval is reasonably determined to subject the city to liability for damages incurred by a contractor, or to jeopardize the public health, welfare or safety, or to otherwise result in potential detriment to the city, then the Purchasing Officer shall have authority to exceed the dollar amounts or percentage limitations specified herein. All contract modifications shall be subject to approval as to form by the City Attorney.

Item Title: 10.6
Second

Reading

and

Adoption

of

an

Ordinance

Repealing

and

Replacing

Menifee

Municipal

Code

Section

3.12.090

as

it
Relates to Change Orders
Item Page Number: 4

Menifee Mayor and City Council
May 1, 2024
Page
383 of 1143

CITY OF MENIFEE
SUBJECT: Delegation of Authority for CalPERS Industrial Disability Retirement Determinations
MEETING DATE: May 1, 2024
TO: Mayor and City Council
PREPARED BY: Bryan Melton, Human Resource Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution delegating authority to the City Manager, or their designee, to apply for and certify CalPERS determinations regarding local safety members’ eligibility for disability retirement.

DISCUSSION
An industrial disability retirement (IDR) is retirement resulting from an employee’s mental or physical incapacity to perform their usual job duties as the result of a job-related injury or illness.

For local safety employees (e.g. sworn Police Officers) enrolled in the California Public Employees’ Retirement System (CalPERS), state law requires the employer to determine an employee’s eligibility for an IDR.

From the City’s perspective, there are two key steps required to process an IDR: 1) the employee’s disability retirement application must be submitted to CalPERS (by the employee or by the City on the employee’s behalf) and 2) the City must determine the employee is “disabled” within the meaning of the Public Employees’ Retirement Law (PERL). By default, both of these actions must be taken by the City Council, however pursuant to Government Code sections 21152 and 21173, the City Council may delegate authority to staff to handle either or both of these functions. There are stringent guidelines in place for IDR review and approval, including extensive legal and medical requirements. Consistent with other municipalities in our region, it is recommended that final IDR determinations be handled administratively following thorough review and approval by the City Manager.

An application for IDR may be initiated by the employee or the employer. If the employee has not already filed an application, Government Code section 21153 obligates the employer to file on behalf of the employee if the employer has reason to believe the employee is disabled as defined Item Title: 10.7
Delegation of Authority for CalPERS Industrial Disability Retirement Determinations Item Page Number: 1

Menifee Mayor and City Council
May 1, 2024
Page
384 of 1143

City of Menifee Staff Report
CalPERS Industrial Disability Retirement Determinations May 1, 2024

2 1
5 4
in the PERL. An employee is considered to be disabled if they are substantially incapacitated from performing the usual and customary duties of their position with the City, the disability is permanent or of an extended and uncertain duration, and the disability has been determined to be work-related. In many cases, the employee initiates the disability retirement application themselves; however, there are times where it becomes necessary for the City to submit the application in order to move the process forward in a timely manner.

STRATEGIC PLAN OBJECTIVE
Regular City Business

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

ATTACHMENTS

1. Resolution
Item Title: 10.7
Delegation of Authority for CalPERS Industrial Disability Retirement Determinations Item Page Number: 2

Menifee Mayor and City Council
May 1, 2024
Page
385 of 1143

1 RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

DELEGATING AUTHORITY TO THE CITY MANAGER TO APPLY FOR AND MAKE

INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS
WHEREAS, the City of Menifee (“City”) is a contracting agency of the California Public Employees’ Retirement System (CalPERS); and
WHEREAS, the California Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which they are classified as a local safety member is “disabled” for purposes of the California Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such law; and WHEREAS, the City of Menifee has determined upon legal advice that it may delegate authority under Government Code section 21173 to apply for a disability retirement on behalf of any member believed to be disabled to the incumbent of the position of City Manager, or their designated representative.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does hereby DELEGATE applications on behalf of the City pursuant to Government Code section 21152 (c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability.

BE IT FURTHER RESOLVED that the City Council of the City of Menifee, California does hereby DELEGATE to the incumbent of the office/position of the City Manager, or their designated representative, authority to make determinations of disability on behalf of the City pursuant to Government Code section 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System.

PASSED, APPROVED AND ADOPTED this 1st day of May, 2024
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Delegation of Authority for CalPERS Industrial Disability Retirement Determinations Item Page Number: 3

Menifee Mayor and City Council
May 1, 2024
Page
386 of 1143

CITY OF MENIFEE
SUBJECT: Annual Solid Waste Rate Adjustment
MEETING DATE: May 1, 2024
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the USA Waste of California, Inc., dba Waste Management of the Inland Empire (“Waste Management”) proposed solid waste rate adjustments for Fiscal Year (FY) 2024/2025.

DISCUSSION
The City of Menifee has an exclusive franchise agreement with Waste Management for the collection and handling of solid waste, dry recycling, and organics within the City (collectively, “solid waste”). The City requires that all premises within the City that accumulate or produce solid waste receive weekly solid waste services through the franchise waste hauler, unless they self- haul waste in a manner that complies with all applicable laws. Regular solid waste service is important to preserve the health, welfare, and sustainability of our community.

The City Council reviews and approves, as applicable, an annual rate adjustment proposal submitted by Waste Management for application to solid waste bills to be in effect as of July 1st of the respective fiscal year. The Waste Management Franchise Agreement (“Agreement”) states that at the approval of the City, which approval shall not be unreasonably withheld, the Contractor Service Rates shall be adjusted annually to reflect changes in the Consumer Price Index (CPI).

The FY 2024/2025 proposal reflects an overall rate adjustment of 3.78%.

Proposed Rate Adjustment and Calculation
Section 24 of the Agreement details the two components of the solid waste rates. The service component comprises 80% of the solid waste rate, while the disposal component comprises the remaining 20% of the solid waste rate. The factors impacting the cost of each of these components are detailed on the following page.

Item Title: 10.8
Annual Solid Waste Rate Adjustment
Item Page Number: 1

Menifee Mayor and City Council
May 1, 2024
Page
387 of 1143

City of Menifee Staff Report
Annual Solid Waste Rate Adjustment
May 1, 2024

2 1
4 3
•Service Component Factors: Consumer Price Index (CPI), not-to-exceed 4%. •Disposal Component Factors: County of Riverside landfill rate or CPI, whichever is greater.

The proposed solid waste rate adjustment for FY 2024/2025 represents an increase of 3.78% above the current rate, based upon the application of factors in the table below:

TABLE 1: RESIDENTIAL/COMMERCIAL RATE COMPONENT FACTORS
Rate Component Weight Percentage Weighted Percentage
Service Component - CPI 80% 4.00% 3.20%
Disposal Component - Landfill 20% 2.88% 0.58%
The FY 2024/2025 Waste Management Adjusted Rate Sheet and CPI adjustment detailed calculation have been attached to this staff report. The rate sheet also identifies the final year of a three-year phase-in of costs for the implementation of SB 1383 organics collection and compliance monitoring for senior residents. This phase-in of the senior rate increase was approved by City Council at the June 1, 2022 meeting.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
In accordance with the current Agreement with Waste Management, the City receives a 12% franchise fee on net revenue collected by Waste Management in the City’s General Fund Account No. 100-3630 (Franchise Fee-Solid Waste). Adjustments to solid waste rates have a proportionate effect on revenues received by the City. The adopted budget for FY 2024/2025 includes an increase from $2,300,000 in revenue to $2,400,000 in anticipation of the rate increase. No additional budget appropriation action(s) is required.

ATTACHMENTS

1. FY 2024-25 Waste Management Adjusted Rate Sheet

2. 2024 Waste Management CPI Adjustment Calculation

3. 2024 CPI-U Index Chart
Item Title: 10.8
Annual Solid Waste Rate Adjustment
Item Page Number: 2

Menifee Mayor and City Council
May 1, 2024
Page
388 of 1143

Service Description Container Size Service Frequency FY 2023/24 Current Rate
FY 2024/25
Rate Adjustment SB1383 FY 2024/25
Proposed Rate Billing Frequency Increase %
Standard Solid Waste Services
Residential - weekly trash, recycling,
organics service 95 Gallon 1x weekly 34.45$ 1.30$ 35.75$ per month 3.780% Senior - weekly trash, recycling, organics
service 64 Gallon 1x weekly 30.80$ 1.16$ 0.75$ 32.72$ per month 3.780% Low Volume - weekly trash, recycling,
organics service 64 Gallon 1x weekly 30.80$ 1.16$ 0.75$ 32.72$ per month 3.780% Additional Container - Trash $ 8.67 0.33$ 9.00$ per month 3.780% Additional Container - Recycling (beyond 2
containers) $ 3.61 0.14$ 3.75$ per month 3.780% Additional Container - Organics $ 7.10 0.27$ 7.37$ per month 3.780% HOA with a Shared Organics Container
Residential - weekly trash, recycling service95 Gallon 1x weekly $ 28.68 1.08$ 29.77$ per month 3.780% Senior - weekly trash, recycling service64 Gallon 1x weekly $ 26.11 0.99$ 27.10$ per month 3.780% Low Volume - weekly trash, recycling service64 Gallon 1x weekly $ 26.11 0.99$ 27.10$ per month 3.780% Curbside Bulky Item Collection (beyond 4
annual pickups) $ 27.78 1.05$ 28.83$ per item 3.780% Curbside E-Waste Collection $ 42.14 1.59$ 43.73$ per item 3.780% Extra Trash Bag Collection $ 5.20 0.20$ 5.39$ per bag 3.780% Cart Exchange (beyond 1 per year) $ 22.23 0.84$ 23.07$ per occurrence 3.780% Cart Replacement - Lost/Stolen $ 152.82 5.78$ 158.60$ per occurrence 3.780% Contamination/Overage Fee $ 10.47 0.40$ 10.86$ per occurrence 3.780% Return fee $ 35.11 1.33$ 36.44$ 3.780% Haul Or Call (HOC) Fee $ 34.42 1.30$ 35.72$ 3.780% Kitchen Pail $ 16.72 0.63$ 17.35$ per item 3.780% Account Set Up Fee $ 19.19 0.73$ 19.92$ per occurrence 3.780% Account Reactivation Fee - Bad Debt $ 27.78 1.05$ 28.83$ per occurrence 3.780% Account Cart Redelivery Fee - Bad Debt $ 27.78 1.05$ 28.83$ per occurrence 3.780% Delinquent Accounts - WM Penalty Fee 10% 10% one time 0.000% Delinquent Accounts - WM Interest Fee 18% 18% one time 0.000% WM Tax Roll Fee 39.42$ 1.49$ 40.91$ one time 3.780% Service Description Container Size Service Frequency FY 2023/24 Current Rate
FY 2024/25
Rate Adjustment
FY 2024/25
Proposed Rate Billing Frequency
Commercial/Multi Family - Trash Service1.5/2 Yard Bin 1x weekly 121.41$ 4.59$ 126.00$ per month 3.780% Commercial/Multi Family - Trash Service1.5/2 Yard Bin 2x weekly 242.82$ 9.18$ 252.00$ per month 3.780% Commercial/Multi Family - Trash Service1.5/2 Yard Bin 3x weekly 364.23$ 13.77$ 378.00$ per month 3.780% Commercial/Multi Family - Trash Service1.5/2 Yard Bin 4x weekly 485.65$ 18.36$ 504.01$ per month 3.780% Commercial/Multi Family - Trash Service1.5/2 Yard Bin 5x weekly 607.08$ 22.95$ 630.03$ per month 3.780% Commercial/Multi Family - Trash Service1.5/2 Yard Bin 6x weekly 728.47$ 27.54$ 756.01$ per month 3.780% Commercial/Multi Family - Trash Service3 Yard Bin 1x weekly 167.65$ 6.34$ 173.99$ per month 3.780% Commercial/Multi Family - Trash Service3 Yard Bin 2x weekly 335.31$ 12.67$ 347.99$ per month 3.780% Commercial/Multi Family - Trash Service3 Yard Bin 3x weekly 502.98$ 19.01$ 521.99$ per month 3.780% Commercial/Multi Family - Trash Service3 Yard Bin 4x weekly 670.64$ 25.35$ 695.99$ per month 3.780% Commercial/Multi Family - Trash Service3 Yard Bin 5x weekly 838.29$ 31.69$ 869.98$ per month 3.780% Commercial/Multi Family - Trash Service3 Yard Bin 6x weekly 1,005.95$ 38.02$ 1,043.98$ per month 3.780% Commercial/Multi Family - Trash Service4 Yard Bin 1x weekly 223.53$ 8.45$ 231.98$ per month 3.780% Commercial/Multi Family - Trash Service4 Yard Bin 2x weekly 447.11$ 16.90$ 464.01$ per month 3.780% Commercial/Multi Family - Trash Service4 Yard Bin 3x weekly 670.64$ 25.35$ 695.99$ per month 3.780% Commercial/Multi Family - Trash Service4 Yard Bin 4x weekly 894.18$ 33.80$ 927.98$ per month 3.780% Commercial/Multi Family - Trash Service4 Yard Bin 5x weekly 1,117.71$ 42.25$ 1,159.96$ per month 3.780% Commercial/Multi Family - Trash Service4 Yard Bin 6x weekly 1,341.24$ 50.70$ 1,391.94$ per month 3.780% Commercial/Multi Family - Trash Service6 Yard Bin 1x weekly 310.02$ 11.72$ 321.74$ per month 3.780% Commercial/Multi Family - Trash Service6 Yard Bin 2x weekly 620.04$ 23.44$ 643.48$ per month 3.780% Commercial/Multi Family - Trash Service6 Yard Bin 3x weekly 930.05$ 35.16$ 965.21$ per month 3.780% Commercial/Multi Family - Trash Service6 Yard Bin 4x weekly 1,240.06$ 46.87$ 1,286.93$ per month 3.780% Commercial/Multi Family - Trash Service6 Yard Bin 5x weekly 1,550.07$ 58.59$ 1,608.66$ per month 3.780% Commercial/Multi Family - Trash Service6 Yard Bin 6x weekly 1,860.07$ 70.31$ 1,930.38$ per month 3.780% Commercial/Multi Family - Recycling Service1.5/2 Yard Bin 1x weekly 86.71$ 3.28$ 89.98$ per month 3.780% Commercial/Multi Family - Recycling Service1.5/2 Yard Bin 2x weekly 169.88$ 6.42$ 176.30$ per month 3.780% Commercial/Multi Family - Recycling Service1.5/2 Yard Bin 3x weekly 253.05$ 9.57$ 262.62$ per month 3.780% Commercial/Multi Family - Recycling Service1.5/2 Yard Bin 4x weekly 336.23$ 12.71$ 348.94$ per month 3.780% Commercial/Multi Family - Recycling Service1.5/2 Yard Bin 5x weekly 419.40$ 15.85$ 435.26$ per month 3.780% Commercial/Multi Family - Recycling Service1.5/2 Yard Bin 6x weekly 502.59$ 19.00$ 521.59$ per month 3.780% Commercial/Multi Family - Recycling Service3 Yard Bin 1x weekly 100.55$ 3.80$ 104.35$ per month 3.780% Commercial/Multi Family - Recycling Service3 Yard Bin 2x weekly 197.62$ 7.47$ 205.09$ per month 3.780% Commercial/Multi Family - Recycling Service3 Yard Bin 3x weekly 294.70$ 11.14$ 305.84$ per month 3.780% Commercial/Multi Family - Recycling Service3 Yard Bin 4x weekly 391.78$ 14.81$ 406.58$ per month 3.780% Commercial/Multi Family - Recycling Service3 Yard Bin 5x weekly 488.85$ 18.48$ 507.33$ per month 3.780% Commercial/Multi Family - Recycling Service3 Yard Bin 6x weekly 585.88$ 22.15$ 608.03$ per month 3.780% Commercial/Multi Family - Recycling Service4 Yard Bin 1x weekly 123.07$ 4.65$ 127.73$ per month 3.780% Attachment 1
City of Menifee
Solid Waste and Recycling Rates
Effective July 1, 2024
Residential Service
Commercial Service
Item Title: 10.8
Annual Solid Waste Rate Adjustment
Item Page Number: 3

Menifee Mayor and City Council
May 1, 2024
Page
389 of 1143

Commercial/Multi Family - Recycling Service4 Yard Bin 2x weekly 240.95$ 9.11$ 250.06$ per month 3.780% Commercial/Multi Family - Recycling Service4 Yard Bin 3x weekly 358.83$ 13.56$ 372.40$ per month 3.780% Commercial/Multi Family - Recycling Service4 Yard Bin 4x weekly 476.71$ 18.02$ 494.73$ per month 3.780% Commercial/Multi Family - Recycling Service4 Yard Bin 5x weekly 594.58$ 22.48$ 617.06$ per month 3.780% Commercial/Multi Family - Recycling Service4 Yard Bin 6x weekly 712.46$ 26.93$ 739.40$ per month 3.780% Commercial/Multi Family - Recycling Service6 Yard Bin 1x weekly 129.99$ 4.91$ 134.91$ per month 3.780% Commercial/Multi Family - Recycling Service6 Yard Bin 2x weekly 256.70$ 9.70$ 266.41$ per month 3.780% Commercial/Multi Family - Recycling Service6 Yard Bin 3x weekly 383.43$ 14.49$ 397.93$ per month 3.780% Commercial/Multi Family - Recycling Service6 Yard Bin 4x weekly 510.16$ 19.28$ 529.44$ per month 3.780% Commercial/Multi Family - Recycling Service6 Yard Bin 5x weekly 636.88$ 24.07$ 660.95$ per month 3.780% Commercial/Multi Family - Recycling Service6 Yard Bin 6x weekly 763.55$ 28.86$ 792.42$ per month 3.780% Commercial/Multi Family - Manure Service2 Yard Bin 1x weekly 176.53$ 6.67$ 183.20$ per month 3.780% Commercial/Multi Family - Manure Service3 Yard Bin 1x weekly 229.47$ 8.67$ 238.15$ per month 3.780% Commercial/Multi Family - Compactor
Service 2 Yard Bin 1x weekly 202.33$ 7.65$ 209.98$ per month 3.780% Commercial/Multi Family - Compactor
Service 2 Yard Bin 2x weekly 372.17$ 14.07$ 386.24$ per month 3.780% Commercial/Multi Family - Compactor
Service 2 Yard Bin 3x weekly 541.99$ 20.49$ 562.48$ per month 3.780% Commercial/Multi Family - Compactor
Service 2 Yard Bin 4x weekly 711.81$ 26.91$ 738.72$ per month 3.780% Commercial/Multi Family - Compactor
Service 2 Yard Bin 5x weekly 881.60$ 33.32$ 914.92$ per month 3.780% Commercial/Multi Family - Compactor
Service 2 Yard Bin 6x weekly 1,051.44$ 39.74$ 1,091.19$ per month 3.780% Commercial/Multi Family - Compactor
Service 3 Yard Bin 1x weekly 272.75$ 10.31$ 283.06$ per month 3.780% Commercial/Multi Family - Compactor
Service 3 Yard Bin 2x weekly 513.08$ 19.39$ 532.47$ per month 3.780% Commercial/Multi Family - Compactor
Service 3 Yard Bin 3x weekly 753.37$ 28.48$ 781.84$ per month 3.780% Commercial/Multi Family - Compactor
Service 3 Yard Bin 4x weekly 993.59$ 37.56$ 1,031.14$ per month 3.780% Commercial/Multi Family - Compactor
Service 3 Yard Bin 5x weekly 1,233.85$ 46.64$ 1,280.49$ per month 3.780% Commercial/Multi Family - Compactor
Service 3 Yard Bin 6x weekly 1,474.18$ 55.72$ 1,529.90$ per month 3.780% Commercial/Multi Family - Organics Service64 Gallon 1x weekly 44.91$ 1.70$ 46.60$ per month 3.780% Commercial/Multi Family - Organics Service64 Gallon 2x weekly 89.83$ 3.40$ 93.22$ per month 3.780% Commercial/Multi Family - Organics Service64 Gallon 3x weekly 134.73$ 5.09$ 139.83$ per month 3.780% Commercial/Multi Family - Organics Service64 Gallon 4x weekly 179.65$ 6.79$ 186.44$ per month 3.780% Commercial/Multi Family - Organics Service64 Gallon 5x weekly 224.56$ 8.49$ 233.05$ per month 3.780% Commercial/Multi Family - Organics Service64 Gallon 6x weekly 269.45$ 10.19$ 279.64$ per month 3.780% Commercial/Multi Family - Organics Service2 Yard Bin 1x weekly 239.94$ 9.07$ 249.01$ per month 3.780% Commercial/Multi Family - Organics Service2 Yard Bin 2x weekly 479.27$ 18.12$ 497.38$ per month 3.780% Commercial/Multi Family - Organics Service2 Yard Bin 3x weekly 718.58$ 27.16$ 745.75$ per month 3.780% Commercial/Multi Family - Organics Service2 Yard Bin 4x weekly 957.85$ 36.21$ 994.06$ per month 3.780% Commercial/Multi Family - Organics Service2 Yard Bin 5x weekly 1,197.13$ 45.25$ 1,242.39$ per month 3.780% Commercial/Multi Family - Organics Service2 Yard Bin 6x weekly 1,436.42$ 54.30$ 1,490.71$ per month 3.780% Commercial/MultiFamily Compliance Rate (includes one 95-gallon recycle cart with 1 time per week service and one 64-gallon organics cart with 1 time per week service) Commercial/Multi Family - Compliance
Service 1.5/2 Yard Bin 1x weekly 179.17$ 6.77$ 185.95$ per month 3.780% Commercial/Multi Family - Compliance
Service 1.5/2 Yard Bin 2x weekly 294.90$ 11.15$ 306.05$ per month 3.780% Commercial/Multi Family - Compliance
Service 1.5/2 Yard Bin 3x weekly 410.61$ 15.52$ 426.13$ per month 3.780% Commercial/Multi Family - Compliance
Service 1.5/2 Yard Bin 4x weekly 526.34$ 19.90$ 546.23$ per month 3.780% Commercial/Multi Family - Compliance
Service 1.5/2 Yard Bin 5x weekly 642.07$ 24.27$ 666.34$ per month 3.780% Commercial/Multi Family - Compliance
Service 1.5/2 Yard Bin 6x weekly 757.77$ 28.64$ 786.42$ per month 3.780% Commercial/Multi Family - Compliance
Service 3 Yard Bin 1x weekly 223.25$ 8.44$ 231.69$ per month 3.780% Commercial/Multi Family - Compliance
Service 3 Yard Bin 2x weekly 383.05$ 14.48$ 397.53$ per month 3.780% Commercial/Multi Family - Compliance
Service 3 Yard Bin 3x weekly 542.85$ 20.52$ 563.37$ per month 3.780% Commercial/Multi Family - Compliance
Service 3 Yard Bin 4x weekly 702.65$ 26.56$ 729.21$ per month 3.780% Item Title: 10.8
Annual Solid Waste Rate Adjustment
Item Page Number: 4

Menifee Mayor and City Council
May 1, 2024
Page
390 of 1143

Commercial/Multi Family - Compliance
Service 3 Yard Bin 5x weekly 862.44$ 32.60$ 895.04$ per month 3.780% Commercial/Multi Family - Compliance
Service 3 Yard Bin 6x weekly 1,022.24$ 38.64$ 1,060.88$ per month 3.780% Commercial/Multi Family - Compliance
Service 4 Yard Bin 1x weekly 276.51$ 10.45$ 286.96$ per month 3.780% Commercial/Multi Family - Compliance
Service 4 Yard Bin 2x weekly 489.61$ 18.51$ 508.11$ per month 3.780% Commercial/Multi Family - Compliance
Service 4 Yard Bin 3x weekly 702.65$ 26.56$ 729.21$ per month 3.780% Commercial/Multi Family - Compliance
Service 4 Yard Bin 4x weekly 915.71$ 34.61$ 950.32$ per month 3.780% Commercial/Multi Family - Compliance
Service 4 Yard Bin 5x weekly 1,128.76$ 42.67$ 1,171.43$ per month 3.780% Commercial/Multi Family - Compliance
Service 4 Yard Bin 6x weekly 1,341.81$ 50.72$ 1,392.53$ per month 3.780% Commercial/Multi Family - Compliance
Service 6 Yard Bin 1x weekly 358.94$ 13.57$ 372.51$ per month 3.780% Commercial/Multi Family - Compliance
Service 6 Yard Bin 2x weekly 654.43$ 24.74$ 679.16$ per month 3.780% Commercial/Multi Family - Compliance
Service 6 Yard Bin 3x weekly 949.90$ 35.91$ 985.80$ per month 3.780% Commercial/Multi Family - Compliance
Service 6 Yard Bin 4x weekly 1,245.37$ 47.07$ 1,292.45$ per month 3.780% Commercial/Multi Family - Compliance
Service 6 Yard Bin 5x weekly 1,540.84$ 58.24$ 1,599.09$ per month 3.780% Commercial/Multi Family - Compliance
Service 6 Yard Bin 6x weekly 1,836.30$ 69.41$ 1,905.71$ per month 3.780% Temporary Roll Off Container - Trash Service
(max 4 tons) 513.74$ 19.42$ 533.16 $ 3.780% Temporary Roll Off Container - C&D Waste
Service (max 4 tons) 726.55$ 27.46$ 754.01 $ (1) 3.780% Temporary Bin Service 3 Yard Bin 141.42$ 5.35$ 146.77$ per week 3.780% Temporary Bin Service - Weekly Rental
Extension 3 Yard Bin 35.11$ 1.33$ 36.44$ per week 3.780% Permanent Roll Off Container - Haul 306.00$ 11.57$ 317.56$ 3.780% Permanent Roll Off Container - Disposal 51.93$ 1.96$ 53.90$ per ton 3.780% Compactor - Haul 437.41$ 16.53$ 453.94$ 3.780% Compactor - Disposal 51.93$ 1.96$ 53.90$ per ton 3.780% Cardboard/Metal Recycle Load - Haul 306.00$ 11.57$ 317.56$ (1) 3.780% Cardboard/Metal Recycle Load - Disposal -$ -$ -$ (1) Concrete/Asphalt Recycle Load - Haul 306.00$ 11.57$ 317.56$ (1) 3.780% Concrete/Asphalt Recycle Load - Disposal 168.52$ 6.37$ 174.89$ per load (1) 3.780% Green Waste Recycle Load - Haul 306.00$ 11.57$ 317.56$ (1) 3.780% Green Waste Recycle Load - Disposal 44.86$ 1.70$ 46.56$ (1) 3.780% Tires Recycle Load - Haul 491.51$ 18.58$ 510.09$ (1) 3.780% Tires Recycle Load - Disposal 105.32$ 3.98$ 109.30$ (1) 3.780% Wood Recycle Load - Haul 306.00$ 11.57$ 317.56$ (1) 3.780% Wood Recycle Load - Disposal 44.86$ 1.70$ 46.56$ (1) 3.780% Mixed C&D Recycle Load - Haul 306.00$ 11.57$ 317.56$ (1) 3.780% Mixed C&D Recycle Load - Disposal 105.14$ 3.97$ 109.11$ (1) 3.780% Additional Pick Up - Trash (Scheduled on
Regular Service Day) 65.79$ 2.49$ 68.28 $ 3.780% Additional Pick Up - Trash (Not Scheduled
on Regular Service Day) 113.55$ 4.29 $ 117.84 $ Per bin, per pick up 3.780% Additional Pick Up - Compactor 113.55$ 4.29$ 117.84$ 3.780% Additional Pick Up - Temporary Bins 3 Yard Bin 141.42$ 5.35$ 146.77$ 3.780% Additional Pick Up - Recycling 86.71$ 3.28$ 89.98$ 3.780% Bulky Items 47.75$ 1.80$ 49.55$ per item 3.780% Overage Fee $ 65.00 2.46$ 67.46$ per bin, per pickup 3.780% Account Set Up Fee 40.02$ 1.51$ 41.53$ 3.780% Roll Off Delivery Fee 112.69$ 4.26$ 116.95$ 3.780% Monthly Inactivity Fee 279.32$ 10.56$ 289.88$ 3.780% Relocate/Trip Fee 112.69$ 4.26$ 116.95$ 3.780% Locking Lids Fee 22.93$ 0.87$ 23.80$ per month 3.780% Replacement Lock Fee 47.75$ 1.80$ 49.55$ 3.780% Replacement Key Fee 8.83$ 0.33$ 9.17$ 3.780% Bin Contamination Fee (more than 10%
contaminiaion) 113.65$ 4.30 $ 117.95 $ 3.780% Bin Replacement - Lost/Stolen 893.71$ 33.78$ 927.49$ 3.780% Bin Replacement - Damaged 105.48$ 3.99$ 109.46$ 3.780% Scout Service 95.53$ 3.61$ 99.14$ per month, per bin 3.780% Rolloff Contamination Fee (up to 4 tons) 877.88$ 33.18$ 911.07$ 3.780% Rolloff Contamination Fee (beyond 4 tons) 51.93$ 1.96$ 53.90$ per ton 3.780% Account Reactivation Fee - Bad Debt 28.64$ 1.08$ 29.72$ 3.780% Account Redelivery Fee - Bad Debt 143.24$ 5.41$ 148.65$ 3.780% CSR Payment Assistance Fee 10.52$ 0.40$ 10.92$ 3.780% ICR Payment Fee 6.58$ 0.25$ 6.83$ 3.780% Push Out Fee - 20-50 Feet 13.55$ 0.51$ 14.06$ per day, per container 3.780% Push Out Fee - 51-75 Feet 17.43$ 0.66$ 18.09$ per day, per container 3.780% Push Out Fee - 76-100 Feet 19.38$ 0.73$ 20.11$ per day, per container 3.780% (1) Contaminated loads will be taken to the landfill and charged disposal rates Item Title: 10.8
Annual Solid Waste Rate Adjustment
Item Page Number: 5

Menifee Mayor and City Council
May 1, 2024
Page
391 of 1143

City of Menifee Index Change Calcualtion
2024
Old New Change % Change
CPI 549.33 589.34 40.009 7.28%
Riverside County Disposal Fee 49.75$ 51.18$ 1.43$ 2.88% Rate Component Weight Percentage
Service Component - CPI 80% 4.00% Not to exceed 4%
Disposal Component - Landfill 20% 2.88%
WM Franchise Agreement Annual Rate Adjustments
Section 24.3.1 Service Component comprises 80% of the rate, adjusted annually by CPI-U Garbage and Trash Collections, US City Average not seasonally adjusted January to December Section 24.3.2 Disposal Component 20% of rate, adjusted by greater of CPI-U Garbage and Trash Collections or % increase to landfill tipping fee January to December Section 24.4 Service Component may not be increased by more than 4% in any one year Weighted Percentage

3.20%

0.58%
Adjusted Weighted Percentage 3.78%
Item Title: 10.8
Annual Solid Waste Rate Adjustment
Item Page Number: 6

Menifee Mayor and City Council
May 1, 2024
Page
392 of 1143

Series Id:

Series
Title:

Area:

Item:

Base
Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Average
Annual
2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 426.771 427.327 427.995 427.808 428.187425.7959 2015 427.734 429.248 429.235 429.807 431.234 430.813 431.229 432.967 433.843 434.829 436.428 436.996432.0303 2016 437.205 438.296 437.699 437.676 438.317 437.858 438.607 439.358 439.707 440.311 443.343 444.745439.4268 2017 446.266 447.699 446.987 447.129 447.272 448.046 448.328 448.717 449.008 452.196 453.820 453.596449.0887 2018 453.354 454.915 455.230 458.722 462.887 465.041 465.579 470.457 471.026 472.535 486.650 485.935466.8609 2019 475.687 477.474 478.569 479.449 480.865 480.984 482.138 483.987 484.346 486.133 486.485 486.708481.9021 2020 491.003 494.429 495.288 494.432 494.946 496.679 498.564 500.882 501.756 503.315 504.970 508.190498.7045 2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538522.3292 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185549.3343 2023 570.412 575.697 576.773 580.124 587.431 589.812 596.167 597.347 596.997 597.569 601.631 602.164589.3437 YoY Change7.00% 6.94% 6.67% 6.92% 7.88% 7.72% 8.75% 8.86% 6.94% 6.50% 6.71% 6.54% 7.29% U.S. city average
Garbage and trash collection
DECEMBER 1983=100
2014 to 2024
Consumer Price Index for All Urban Consumers (CPI-U)
Original Data Value
CUUR0000SEHG02,CUUS0000SEHG02
Not Seasonally Adjusted
Garbage and trash collection in U.S. city average, all
urban consumers, not seasonally adjusted
Item Title: 10.8
Annual Solid Waste Rate Adjustment
Item Page Number: 7

Menifee Mayor and City Council
May 1, 2024
Page
393 of 1143

CITY OF MENIFEE
SUBJECT: Organic Waste Services Senior Bill Assistance Program for Remaining Homeowner Association Roll-Out
MEETING DATE: May 1, 2024
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Authorize a transfer within the Solid Waste and Recycling Division budget in the amount of $63,250 from the Business Assistance Program into the Senior Bill Assistance Program; and

2. Approve and authorize an increase to Purchase Order No. 05168 with Waste Management in the total amount of $63,250 for a revised total of $104,500 for payment of the Senior Bill Assistance Program.

DISCUSSION
California Senate Bill 1383 (SB 1383) requires households and most businesses to separate organic waste such as food scraps and yard waste from the trash and into their organics bin.

Large food establishments and grocery stores are also required to donate unused edible food through a food recovery agency, such as a local food pantry. Implementation of organics collection service, public education, monitoring, and enforcement of the state mandate is done at the city level.

On June 1, 2022, the City Council approved funding to assist senior residents and local businesses with implementation of organics recycling in the amount of $150,000 and $250,000 respectively. Senior assistance was in the form of a one-time $50 bill credit applied to the residents’ solid waste bill. To date, the program has approved 2,665 credits to Menifee seniors totaling $133,250. In February 2023, the City Council voted to continue the Senior Bill Assistance Program until funds were exhausted. The remaining balance on the Senior Bill assistance Program account is $16,750.

The Business Assistance Program was funded at $250,000 and is a reimbursement program available for local businesses that are required to establish a recycling program. The Item Title: 10.9
Organic Waste Services Senior Bill Assistance Program for Remaining Homeowner Association Roll-Out Item Page Number: 1

Menifee Mayor and City Council
May 1, 2024
Page
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City of Menifee Staff Report
Organic Waste Services Senior Bill Assistance Program
May 1, 2024

2 1
5 8
reimbursement can cover the cost of front and back of house signs, waste bins, training, and other related supplies. The program also offers an option for on-site consultation from Aptim Environmental Services to train staff, set-up recycling stations, and inform the business of best practices. A portion of these funds were utilized to conduct mandatory outreach via Aptim Services to food establishments required to provide proof of edible food donations. During these visits, businesses were provided with information, legislative requirements, and informed of the assistance program.

The Business Assistance Program is currently promoted via social media, MenifeeRecycles website, and in quarterly emails sent by the Economic Development Department. City staff plans to conduct a phone survey of businesses to gauge reasons for low utilization and reevaluate best approaches to communicate availability of the program to the business community. Postcards will be mailed to small businesses to inform them of program options. A portion of the funding will cover consultant services to continue outreach and state reporting assistance. Funds in the amount $225,020 remain available in the Business Assistance Program.

While most homes in the City have already begun receiving organics services, there are 15 remaining Homeowner Association (HOA) communities pending roll-out of services. These communities remain out of compliance with the state mandate for organics, and in some cases recycling collection services which precluded them from participating in the initial Senior Bill Assistance Program. Roll-out of carts, establishment of compliant collection services, and adjustment to current city rate structure is scheduled to commence in July and August of this year.

In recognition of the impact to senior residents, and to assist with off-setting associated bill increases to seniors residing in these communities, city staff is requesting to transfer $63,250 of available funds from the Business Recycling Assistance Program into the Senior Bill Assistance Program. These funds would allow for a one-time $50 bill credit to be applied for each senior household (approximately 1,600) currently residing in the respective HOA communities. The one- time bill credit would be applied as a lump sum on the community HOA Waste Management bill and based on verifiable resident counts. Seniors in these communities were not eligible to participate in the Senior Assistance Program prior to this due to the accounts not yet having compliant services. A copy of the City’s Fiscal Year 2023/2024 solid waste rate sheet has been attached to this report.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
In order to provide the one-time $50 bill credit to senior residents within the HOA communities who have not already received the benefit, a budget transfer from the Solid Waste and Recycling Division Business Assistance Program to the Senior Bill Assistance Program in the amount of $63,250 is required as outlined in Table 1 on the next page.

Item Title: 10.9
Organic Waste Services Senior Bill Assistance Program for Remaining Homeowner Association Roll-Out Item Page Number: 2

Menifee Mayor and City Council
May 1, 2024
Page
395 of 1143

City of Menifee Staff Report
Organic Waste Services Senior Bill Assistance Program
May 1, 2024

2 1
5 8
TABLE 1 – TRANSFER REQUEST FOR SENIOR BILL ASSISTANCE PROGRAM Account Name Account
Number
Available
Budget
Transfer
Requested
Remaining
Funds
Business Assistance Program 100-4661-52851 $225,020 - $63,250 $161,770 Senior Bill Assistance Program 100-4661-52852 $16,750* + $63,250 $80,000 * Current Senior Bill Assistance Program funds are encumbered in PO No. 05168 with Waste Management and the transferred amount of $63,250 would be added to the existing PO.

No additional budget appropriation action(s) is required.

ATTACHMENTS
None.

Item Title: 10.9
Organic Waste Services Senior Bill Assistance Program for Remaining Homeowner Association Roll-Out Item Page Number: 3

Menifee Mayor and City Council
May 1, 2024
Page
396 of 1143

CITY OF MENIFEE
SUBJECT: Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project MEETING DATE: May 1, 2024
TO: Mayor and City Council
PREPARED BY: Rex Caballero, Assistant 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 Professional Services Agreement with NV5, Inc. for Architectural and Engineering Services for a total not-to-exceed amount of $66,983.27 through June 30, 2025, for the Bailey Park Boulevard Widening Project; and

2. Authorize the Finance Department to issue purchase orders as necessary.

DISCUSSION
The Bailey Park Boulevard Widening Project, Capital Improvement Program (CIP) Project No. 22-04 (“Project”) would address traffic safety resulting from increased development in the nearby area. The proposed Project area includes a segment of Bailey Park Boulevard generally located south of Scott Road and north of Ciccotti Street, as shown on the attached Project Location Map.

Project improvements would include paving new roadways, construction of curb and gutter, installation of ADA compliant sidewalks and ramps, drainage and sewer improvements, and installation of street lighting.

In May 2021, staff conducted a Request for Proposal to select a firm for the engineering services required to complete the design phase of the Project. On September 15, 2021, the City Council approved and authorized the City Manager to enter into a Professional Services Agreement (“Original Agreement”) with NV5, Inc. (“Consultant”) to provide the necessary design services.

Prior activity under the Original Agreement is summarized in Table 1 on the following page.

Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 1

Menifee Mayor and City Council
May 1, 2024
Page
397 of 1143

City of Menifee Staff Report
CIP 22-04 NV5 Agreement
May 1, 2024

2 1
4 9
TABLE 1 – ORIGINAL AGREEMENT AMENDMENT HISTORY
PSA Activity Approval Date Summary of Changes Value
Original Contract February 16, 2022 Architectural and Engineering Services $272,680 Amendment 1 January 4, 2023
Supplemental Topographic Survey &
Sewer Study $24,420
Amendment 2 December 11, 2023
Term extension only through February
29, 2024. N/A
TOTAL $297,100
The Consultant’s original scope of work included coordination efforts with utility companies on potential conflicts in the Project area. As part of the coordination efforts, Eastern Municipal Water District’s (EMWD) approval of the sewer study and sewer main plans were required to move forward in the design phase. Additionally, EMWD requested the City provide a non-exclusive easement along Scott Road for the Project. The non-exclusive easement and obtaining EMWD approval on the plans resulted in an unanticipated delay to the Project’s design timeline.

The term of the Original Agreement expired on February 29, 2024, and it is no longer eligible to be amended. Due to staffing changes, the expiration of the contract was overlooked, and a new Professional Services Agreement (“New Agreement”) must be established with the Consultant to continue providing the remaining engineering services required for completion of the Project.

The remaining balance of the current Purchase Order (PO) No. 03763 issued under the Original Agreement is $66,983.27. If approved, the proposed New Agreement would carry over the original scope of work, would be entered into for an amount not-to-exceed the remaining PO balance above, and would include a term expiration date of June 30, 2025, to allow the Consultant adequate time to complete the design work. There are no additional changes associated with the proposed New Agreement for this Project.

While the Original Agreement compensation was previously approved by City Council, and the New Agreement simply carries forward the remaining compensation amount, the not-to-exceed amount of the New Agreement still exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There are no additional fiscal impacts associated with approval of this item. Approval of the New Agreement has only a net impact of extending the terms of the Original Agreement due to its expiration. Funds to support the Project work were originally budgeted and encumbered through PO No. 03763 issued for the design work in Account No. 220-4555-58120 (Bailey Blvd Improvements). The remaining PO balance of $66,983.27 would be liquidated and a new PO would be created under the New Agreement for this same amount.

Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 2

Menifee Mayor and City Council
May 1, 2024
Page
398 of 1143

City of Menifee Staff Report
CIP 22-04 NV5 Agreement
May 1, 2024

2 1
4 9

ATTACHMENTS

1. Project Location Map

2. New Agreement – NV5, Inc.

3. Original Agreement

4. Amendment No. 1

5. Amendment No. 2
Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 3

Menifee Mayor and City Council
May 1, 2024
Page
399 of 1143

Bailey Park Blvd
Zeiders Rd

MURRIETA
215
Scott Rd
A
n
t
e
l
o
p
e
R
d
Project Site
0 0.03 0.05
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Bailey_Improvements\Bailey_Improvements.aprx Date: 1/21/2022 Bailey Park Blvd. Improvements (CIP 22-04)
Project Location Map
Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 4

Menifee Mayor and City Council
May 1, 2024
Page
400 of 1143

2905/031858-0001
18155996.1 a04/02/24

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-04 BAILEY PARK BLVD PROJECT (ARCHITECTURAL AND ENGINEERING

SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and NV5, Inc., a California C-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services. The Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022, through December 31, 2023, for the Services also contemplated herein. Then executed an amendment to extend the term to February 29, 2024. That agreement was erroneously allowed to expire. The Parties continued operating as if that agreement continued in effect into 2024. The provisions of that agreement are substantially similar to the provisions of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on March 1, 2024 and shall end on June 30, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8.

The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 5

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May 1, 2024
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2905/031858-0001
18155996.1 a04/02/24 -2-

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

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

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Sixty Six Thousand Nine Hundred Eighty Three Dollars and Twenty Seven Cents ($66,983.27) any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 6

Menifee Mayor and City Council
May 1, 2024
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2905/031858-0001
18155996.1 a04/02/24 -3-
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

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

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

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

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

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

Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 7

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May 1, 2024
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2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

SECTION 4. INSURANCE REQUIREMENTS.

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

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

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies Item Title: 10.10
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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 Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

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

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

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

Item Title: 10.10
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b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 22- 04 BAILEY PARK BLVD PROJECT (ARCHITECTURAL AND ENGINEERING SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.

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d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; Item Title: 10.10
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b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

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

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

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

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

Item Title: 10.10
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SECTION 6. INDEPENDENT CONTRACTOR.

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

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

SECTION 7. LEGAL REQUIREMENTS.

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

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

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.10
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defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.10
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Item Title: 10.10
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Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

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

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Item Title: 10.10
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any Item Title: 10.10
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and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not Item Title: 10.10
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constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

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

NV5, Inc.

Attn: Carmen Kasner
15092 Avenue of Science, Suite 200
San Diego, CA 92128
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Management Analyst
with a copy to:

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

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

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

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

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

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

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

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in Item Title: 10.10
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interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

Stephnie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Jeffrey M. Cooper, COO

MaryJo O'Brien, CAO/Secretary

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

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 22-04 BAILEY PARK BLVD PROJECT (ARCHITECTURAL AND ENGINEERING SERVICES) services in the amount not to exceed Sixty Six Thousand Nine Hundred Eighty Three Dollars and Twenty Seven Cents ($66,983.27) as further detailed in the following page(s). For the avoidance of doubt, the Services and compensation therefore are reflected in the column in the table below labelled “Remaining Contract.” Compensation labelled “Billed To Date” has already been paid to Consultant under the previous agreement between the Parties, and shall not be repaid hereunder.

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-04 BAILEY PARK BLVD PROJECT

ARCHITECTURAL AND ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and NV5, INC , a California C-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on February 16, 2022 and shall end on December 31, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 February16th
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the S ervices or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED SEVENTY

TWO THOUSAND SIX HUNDRED EIGHTY DOLLARS AND ZERO
CENTS ($272,680.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor o f Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

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

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone o r other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

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

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r 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 t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in t he insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: CIP 22-04 BAILEY PARK BLVD ARCHITECTURAL AND ENGINEERING SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervi sion of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non -contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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

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

SECTION 5. INDEMNIFICATION.

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

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

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

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

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personne l pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding a ny other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensati on, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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SECTION 7. LEGAL REQUIREMENTS.

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

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

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

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

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SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

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

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this 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 no t limit or otherwise affect the terms of this Agreement.

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

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

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

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

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

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

NV5, INC
Attn: Carmen Kasner, Senior Vice President
15092 Avenue of Science, Suite 200
San Diego, CA 92128
Any written notice to City shall be sent to the Contract Administrator at:

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

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

10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accorda nce with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

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

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

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

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

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

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IN WITNESS WHEREOF, the Parties hereto have e xecuted and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Carmen Kasner, Senior Vice President

MaryJo O'Brien, Board Secretary

[Corporation must have two signatures]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include Professional Design/Engineering Services for CIP 22-04: Bailey Park Blvd Project in the amount not to exceed TWO HUNDRED SEVENTY TWO THOUSAND SIX HUNDRED EIGHTY DOLLARS AND ZERO CENTS ($272,680.00) as further detailed in the following page(s).

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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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DocuSign Envelope ID: 29169ADF-BECC-46FC-A812-F3B142D0C4B4 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 10.10
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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-04 BAILEY PARK BLVD PROJECT

ARCHITECTURAL AND ENGINEERING SERVICES

This is Amendment No. 2 (“Amendment No. 2” ) to that certain Professional Services Agreement (“Agreement”) made on February 16, 2022, between the City of Menifee (“City”) and NV5, Inc. (“Consultant”) for CIP 22 -04 BAILEY PARK BLVD PROJECT ARCHITECTURAL AND ENGINEERING SERVICES , as amended by that certain Amendment No.1 to the Agreement entered into on January 4, 2023 (“Amendment No. 1 ”) which this Amendment No. 2 is made and entered into on , 2023 to extend the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

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

Term of Services. The term of this Agreement shall begin on February 16, 2022 and shall end on February 29 , 2024 unless the term of this Agreement is otherwise terminated or extended as provided for in Section

8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate this Agreement, as provided for in Section 8.

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

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

AMENDMENT
NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT CIP 22-04

BAILEY PARK BLVD PROJECT

ARCHITECTURAL AND ENGINEERING SERVICES

DocuSign Envelope ID: 489690C3-72EB-42AB-85DE-E6AA6B30FB3D December 11,
Item Title: 10.10
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CITY OF MENIFEE NV5, Inc.

Rebekah Kramer, Acting City Manager Jeffrey Cooper, Senior Vice President

Attest:

Mary Jo Obrien, Corporate Secretary

Sarah A. Manwaring, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT CIP 22-04

BAILEY PARK BLVD PROJECT

ARCHITECTURAL AND ENGINEERING SERVICES

DocuSign Envelope ID: 489690C3-72EB-42AB-85DE-E6AA6B30FB3D Item Title: 10.10
Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project Item Page Number: 98

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CITY OF MENIFEE
SUBJECT: Agreement with Dokken Engineering for the Environmental and Civil Design Services the Watson Road at Harvest Valley Elementary School – Active Transportation Program Project MEETING DATE: May 1, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Dokken Engineering for environmental and civil design services for the Watson Road at Harvest Valley Elementary School – Active Transportation Program project for a total not-to- exceed amount of $149,905 through June 30, 2025.

DISCUSSION
The Watson Road at Harvest Valley Elementary School – Active Transportation Program (ATP) project, Capital Improvement Program Project No. 24-15 (Project) would construct sidewalks, crosswalks, bicycle lanes, and ADA ramps along Watson Road and Briggs Road. The proposed improvements would enhance safety along the major access routes to Harvest Valley Elementary School in alignment with the City’s Active Transportation Plan. The estimated total cost of the Project is just over $5.2 million.

On November 1, 2023, the City Council accepted $4,354,000 in grant funds awarded to the Project through the ATP Cycle 6 program administered by the California Department of Transportation (Caltrans). The grant funding would be allocated by phase as the Project progresses and would support the following phases: Project Approval & Environmental Document (PA&ED), Project Specifications & Estimates (PS&E), Right-of-Way (ROW) and Construction (CON). Table 1 on the following page summarizes total Project funding by phase.

Item Title: 10.11
Agreement

with

Dokken

Engineering

for

the

Environmental

and

Civil

Design

Services

the

Watson

Road

at

Harvest

Valley
Elementary School – Active Transportation Program Project Item Page Number: 1

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City of Menifee Staff Report
CIP 24-15 Dokken Design Agreement
May 1, 2024

2 1
1 5
TABLE 1 – TOTAL PROJECT FUNDING BY PHASE
Project
Phase
Anticipated FY Grant Fund
Allocation
City Match Total Cost
PA&ED 23/24 $124,000 $25,905 $149,905
PS&E 24/25 $417,000 $83,000 $500,000
ROW 24/25 $1,066,000 $214,000 $1,280,000
CON 25/26 $2,747,000 $553,000 $3,300,000
TOTAL $4,354,000 $875,905 $5,229,905
On January 12, 2024, staff released a Request for Proposal (RFP) to solicit firms for design services. A total of two proposals were received. After reviewing and evaluating all proposals for qualifications, a proposal ranking was assigned to each firm. To further assess the proposed project team and determine which firm most closely aligned with the scope of work outlined in the RFP, both firms were subsequently invited to participate in selection interviews. The qualification ranking resulting from the selection interviews is outlined in Table 2 below.

TABLE 2 – FIRM RANKING SUMMARY
Under the California Government Code Section 4526, local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications. For this reason, cost proposals are sealed until the selection process is completed. Caltrans further requires that projects funded through the ATP follow the Local Assistance Procedures Manual (LAPM). Projects receiving funding through the ATP are subject to the LAPM guidelines. Within the LAPM, Chapter 10 outlines the consultant selection process, which states that price cannot be considered as part of the evaluation process and that only the top ranked firm’s cost proposal may be opened. (LAPM 10.1.2, 10.1.5, 10.1.6, 10.7.7, 23 CFR 172.7(a)(1)(v)(D).) This chapter also establishes the City’s requirement to return sealed cost proposals to any unsuccessful firms. (LAPM 10.1.5, 10.1.6, 10.1.7, 23 CFR 172.7(a)(1)(v)(D).)
Following thorough review, Dokken Engineering was selected as the highest-ranking proposer.

Dokken Engineering demonstrated qualified experience, a comprehensive understanding relevant to the Project’s scope as outlined within the RFP, and that their cost proposal was reasonable and within the established design budget.

The amount of the proposed Professional Services Agreement (Agreement) exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.

Firm Name Interview Score Qualification Ranking
Dokken Engineering 83.00 1
Michael Baker International 81.50 2
Item Title: 10.11
Agreement

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Dokken

Engineering

for

the

Environmental

and

Civil

Design

Services

the

Watson

Road

at

Harvest

Valley
Elementary School – Active Transportation Program Project Item Page Number: 2

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City of Menifee Staff Report
CIP 24-15 Dokken Design Agreement
May 1, 2024

2 1
1 5

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The total anticipated fiscal impact for the Project is $5,560,729, which includes the cost of the proposed Agreement for $149,905 for the PA&ED phase with Dokken Engineering. Funding for the Agreement is available within the Fiscal Year 2023/2024 Project budget, as summarized in Table 3 below. No additional budget appropriation action is required.

TABLE 3 – PROJECT BUDGET FOR PA&ED PHASE
Fund Project Account
Number
Available
Balance
Cost of
Services
Grant Funds Watson Rd. at Harvest
Valley Elementary
School
301-4555-58190 $124,000 $124,000
DIF
Citywide
Circulation
Watson Rd. at Harvest
Valley Elementary
School
526-4555-58190 $323,000 $25,905
TOTAL $149,905

ATTACHMENTS

1. Project Location Map

2. Agreement – Dokken Engineering
Item Title: 10.11
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Engineering

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Design

Services

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Valley
Elementary School – Active Transportation Program Project Item Page Number: 3

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74 Esri Community Maps Contributors, Loma Linda University, County of Riverside, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\WatsonRd_HarvestValleyElementaryATP\WatsonRd_HarvestValleyElementaryATP.aprx Date: 10/16/2023 Watson Rd at Harvest Valley Middle School ATP
(CIP 24-15)
Project Location Map
Item Title: 10.11
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2905/031858-0001
18155996.1 a10/04/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 24-15 WATSON RD AT HARVEST VALLEY ELEMENTARY SCHOOL

PROJECT- ATP (DESIGN SERVICES)
(PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and DOKKEN ENGINEERING, a California C Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on May 1, 2024 and shall end on June 30, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

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Valley
Elementary School – Active Transportation Program Project Item Page Number: 5

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

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Hundred Forty Nine Thousand Nine Hundred Five Dollars and Zero Cents ($149,905.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

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

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Item Title: 10.11
Agreement

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Engineering

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Design

Services

the

Watson

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Valley
Elementary School – Active Transportation Program Project Item Page Number: 6

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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

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

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

SECTION 4. INSURANCE REQUIREMENTS.

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

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

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies Item Title: 10.11
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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 Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

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

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

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

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

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 24- 15 WATSON RD AT HARVEST VALLEY ELEMENTARY SCHOOL PROJECT- ATP (DESIGN SERVICES) (PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT).

The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.

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d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; Item Title: 10.11
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b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

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

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

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

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

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SECTION 6. INDEPENDENT CONTRACTOR.

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

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

SECTION 7. LEGAL REQUIREMENTS.

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

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

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.11
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defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.11
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Item Title: 10.11
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Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

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

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Item Title: 10.11
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any Item Title: 10.11
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and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not Item Title: 10.11
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constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

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

DOKKEN ENGINEERING
Attn: Pamela Dalcin-Walling, Project Manager
110 BLUE RAVINE ROAD, SUITE 200
FOLSOM, CA 95630
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Management Analyst
with a copy to:

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

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

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

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

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

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

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

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in Item Title: 10.11
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interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

CONSULTANT
John A. Klemunes, Jr, President

Cathy Chan, Secretary

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

SCOPE OF SERVICES
Services shall include CIP 24-15 WATSON RD AT HARVEST VALLEY ELEMENTARY

SCHOOL PROJECT- ATP (DESIGN SERVICES) (PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT) services in the amount not to exceed One Hundred Forty Nine Thousand Nine Hundred Five Dollars and Zero Cents ($149,905.00) as further detailed in the following page(s).

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CITY OF MENIFEE
SUBJECT: Agreement with Dokken Engineering for Environmental and Civil Design Services for the Romoland Elementary School – Active Transportation Program Project
MEETING DATE: May 1, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Dokken Engineering for environmental and civil design services for the Romoland Elementary School – Active Transportation Program project for a total not-to-exceed amount of $149,825 through June 30, 2025; and

2. Adopt a budget amendment resolution amending the Fiscal Year 2023/2024 Budget, appropriating $18,825 in expenditures in Gas Tax (Fund 200) from available fund balance.

DISCUSSION
The Romoland Elementary School – Active Transportation Program (ATP) project, Capital Improvement Program Project No. 24-04 (Project) would construct pedestrian improvements within the vicinity of Romoland Elementary School. Generally, the Project area is located north of Highway 74, south of Watson Road, and west of Antelope Road as shown in the attached Project Location Map. The Project would close a critical gap in the existing pedestrian infrastructure and provide safe access to school. The proposed improvements would enhance safety along the major access routes to Romoland Elementary School in alignment with the City’s Active Transportation Plan. The estimated total cost of the Project is just over $5.5 million.

On November 1, 2023, City Council accepted $4,880,000 in grant funds awarded to the Project through the ATP Cycle 6 program administered by the California Department of Transportation (Caltrans). The grant funding would be allocated by phase as the Project progresses and would support the following phases: Project Approval & Environmental Document (PA&ED), Project Specifications & Estimates (PS&E), and Construction (CON). Table 1 on the following page summarizes total Project funding by phase.

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City of Menifee Staff Report
CIP 24-04 Dokken Design Agreement
May 1, 2024