Agenda packet, first session — Menifee City Council, May 15, 2024 (part 6 of 6)

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On January 26, 2024, staff released a Request for Proposal (RFP) to solicit firms for design services. A total of three 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, all firms were subsequently invited to participate in selection interviews. The qualification ranking resulting from the selection interviews is provided in Table 2 below.

TABLE 2 – FIRM RANKING SUMMARY
Under 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 HSIP follow the Local Assistance Procedures Manual (LAPM). Projects receiving funding through the HSIP 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. That chapter also establishes the City’s requirement to return sealed cost proposals to any unsuccessful firms.

Following a thorough review, Kimley-Horn and Associates, Inc. was selected as the highest- ranking proposer. Kimley-Horn and Associates, Inc. demonstrated qualified experience, a comprehensive understanding relevant to the Project’s scope as outlined within the RFP, and 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.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The total anticipated fiscal impact for the Project is $2,160,700, which includes the cost of the proposed Agreement for the not-to-exceed $174,820 for the PE phase with Kimley-Horn and Associates, Inc. Funding for the Agreement is available within the Fiscal Year 2023/2024 Project budget, as summarized in Table 3 on the following page. No additional budget appropriation action is required.

TABLE 3 – PROJECT BUDGET FOR PE PHASE
Firm Name Interview Score Qualification Ranking
Kimley-Horn and Associates, Inc. 87.40 1
Advantec Consulting Engineers 84.40 2
TJKM Transportation Consultants 78.50 3
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 2

Menifee Mayor and City Council
May 15, 2024
Page
926 of 1147

City of Menifee Staff Report
CIP 24-01 Kimley-Horn Agreement
May 15, 2024

Page 3 of 3 ends

2 1
1 8
Fund Project Account Number Available
Balance
Cost of
Services
Grant
Funds
Citywide Traffic
Signal Safety
Improvements
301-4555-58174 $162,000 $157,338
DIF 16 -
Signals
Citywide Traffic
Signal Safety
Improvements
502-4555-58174 $92,977 $17,482
TOTALS $254,977 $174,820

ATTACHMENTS

1. Project Location Map

2. Agreement – Kimley-Horn and Associates, Inc.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 3

Menifee Mayor and City Council
May 15, 2024
Page
927 of 1147

McCall Blvd
Lindenb
erger
Rd
Ethanac Rd
Goetz R
d
Sun City Blvd
Leon Rd
Bundy Canyon Rd Scott Rd
Matthews Rd
Cherry Hills Blvd
Pebble Beach Dr
Mapes Rd
La Piedra Rd
Domenigon
iPkwy
Old
Newport Rd
Menifee
Rd
Normandy Rd
M
ur
riet
a
Rd
AntelopeRd
Bradley
Rd
Simpson Rd
Holland Rd
Garbani Rd
Briggs RdHaun
Rd
Newport Rd
Railroad Canyon Rd
215
74 Project Site
City Boundary
0 1 2
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CitywideTrafficSignalSafetyImprovements\CitywideTrafficSignalSafetyImprovements.aprx Date: 4/18/2024 Citywide Traffic Signal Safety Improvements
(CIP 24-01)
Project Location Map
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 4

Menifee Mayor and City Council
May 15, 2024
Page
928 of 1147

Intersections S02 S21PB

ANTELOPE RD CRAIG AVE Y Y

ANTELOPE RD HOLLAND RD Y Y

ANTELOPE RD LA PIEDRA RD Y Y

ANTELOPE RD SCOTT RD Y Y

ANTELOPE RD STILLWATER DR Y Y
SH-74 BRIGGS RD Y Y

CANYON HEIGHTS DR GOETZ RD Y Y

GOETZ RD

AUDIE MURPHY RD (SOUTH)/ CANYON

LAKE DR Y Y

GOETZ RD MONUMENT PKY Y Y

GOETZ RD ROCK CANYON DR Y Y

HAUN RD

SOUTHSIDE MARKETPLACE/SOUTH

ENTRANCE Y Y

HOLLAND RD SOUTHSHORE DR Y Y

LA PIEDRA RD BRADLEY RD Y Y

LA PIEDRA RD EVANS RD Y Y

HAUN RD LA PIEDRA RD Y Y

MCCALL BLVD BRADLEY RD Y Y

MCCALL BLVD ENCANTO DR Y Y

MCCALL BLVD HERITAGE LAKE DR (EAST) Y Y

MCCALL BLVD HERITAGE LAKE DR Y Y

MCCALL BLVD HILLPOINTE DR/VIA ENTRADA Y Y

MCCALL BLVD JUNIIPERO RD Y Y

MCCALL BLVD MURRIETA RD Y Y

MCCALL BLVD SHERMAN RD Y Y

MCCALL BLVD SUN CITY BLVD Y Y

MENIFEE RD COASTLINE AVE Y Y

MENIFEE RD HERITAGE LAKE DR Y Y

MCCALL BLVD MENIFEE RD Y Y

MENIFEE RD WATERFORD ST/PACIFIC BLUFF ST Y Y

MENIFEE RD ROCKPORT RD Y Y

MENIFEE RD/TURTLE POINT DR ROUSE RD Y Y

MENIFEE RD SIMPSON RD Y Y

MENIFEE RD TRAILHEAD DR Y Y

MENIFEE RD TRES LAGOS DR/LOIRE VALLEY LN Y Y

CHERRY HILLS BLVD MURRIETA RD Y Y

MURRIETA RD SOUTH OF CHERRY HILLS BLVD Y Y

MURRIETA RD NORTH OF RIDGEMOOR RD Y Y

MURRIETA RD RIDGEMOOR RD Y Y

MURPHY RANCH RD / PUERTO

VALLARTA WY MURRIETA RD Y Y
Intersection Location List
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 5

Menifee Mayor and City Council
May 15, 2024
Page
929 of 1147

Intersections S02 S21PB

NEWPORT RD ANTELOPE RD Y Y

NEWPORT RD BEREA RD/ MURPHY RANCH RD Y Y

NEWPORT RD BRADLEY RD Y Y

DERBY HILL DR NEWPORT RD Y Y

NEWPORT RD EVANS RD Y Y

NEWPORT RD GOETZ RD Y Y

HAUN RD NEWPORT RD Y Y

NEWPORT RD/DOMENIGONI PKY LAGUNA VISTA DR Y Y

DOMENIGONI PKY/NEWPORT RD LINDENBERGER RD Y Y

NEWPORT RD CALLE POMPEII/MENIFEE LAKES DR Y Y

NEWPORT RD MENIFEE RD Y Y

MURRIETA RD NEWPORT RD Y Y

NEWPORT RD AVENIDA CORTEZ/TOWN CENTER Y Y

NEWPORT RD WESTLINK DR/VIA CORAZON Y Y

NEWPORT RD WINTER HAWK RD Y Y

NORMANDY RD LA LADERA RD Y Y

SCOTT RD BREIGHTON WOOD ST Y Y

BRIGGS RD SOCTT RD Y Y

SCOTT RD HAUN RD/ZEIDERS RD Y Y

SCOTT RD LINDENBERGER RD Y Y

SCOTT RD MENIFEE RD Y Y

SIMPSON RD LINDENBERGER RD Y Y

CHERRY HILLS BLVD SUN CITY BLVD Y Y

MENIFEE RD ALDERGATE DR/CARNELIAN WY Y Y

ANTELOPE RD GARBANI RD Y Y

HOLLAND RD BRADLEY RD Y Y

ETHANAC RD BARNETT RD Y Y

MCCALL BLVD BRIGGS RD Y Y

ETHANAC RD MURRIETA RD Y Y

LA PIEDRA SHERMAN RD Y Y
I-215 SCOTT RD Y Y
I-215 (SOUTH) SCOTT RD Y Y
I-215 (NORTH) MCCALL BLVD Y Y
I-215 (SOUTH) MCCALL BLVD Y Y
I-215 (SOUTH) NEWPORT RD Y Y
I-215 (NORTH) NEWPORT RD Y Y

ETHANAC RD GOETZ RD Y Y

ETHANAC RD TRUMBLE RD Y Y
ANTELOPE RD SH-74 Y Y
SH-74 TRUMBLE RD Y Y
MENIFEE RD SH-74 Y Y
PALOMAR RD SH-74 Y Y
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 6

Menifee Mayor and City Council
May 15, 2024
Page
930 of 1147

Intersections S02 S21PB
SH-74 MCKINLEY Y Y
SH-74 SHERMAN Y Y

GOETZ RD AUDIE MLURPHY RD (N) Y Y

NEWPORT RD LONG VALLEY LN Y Y

NEWPORT RD CALLE TOMAS Y Y

HAUN RD VILLAGE RD/NORTH ENTRANCE Y Y

NEWPORT RD STATER WY Y Y

ANTELOPE RD PALM VILLA DR Y Y

ANTELOPE RD PAMPAS ST Y Y

MENIFEE RD BISCAYNE DR Y Y
BRIGGS RD HERITAGE H.S. Y Y

ZEIDERS RD COMMERCE POINT Y Y

ETHANAC RD CASE RD Y Y

MCCALL BLVD AQUA DR Y Y

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 7

Menifee Mayor and City Council
May 15, 2024
Page
931 of 1147

2905/031858-0001
18155996.1 a04/02/24

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 24-01 CITYWIDE TRAFFIC SIGNAL SAFETY IMPROVEMENT
(DESIGN SERVICES) (PRELIMINARY ENGINEERING PHASE)
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 KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina 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 15, 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.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 8

Menifee Mayor and City Council
May 15, 2024
Page
932 of 1147

2905/031858-0001
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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 Seventy Four Thousand Eight Hundred Nineteen Dollars and Thirty Cents ($174,819.30) 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: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 9

Menifee Mayor and City Council
May 15, 2024
Page
933 of 1147

2905/031858-0001
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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.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 10

Menifee Mayor and City Council
May 15, 2024
Page
934 of 1147

2905/031858-0001
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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.

2.9 Grant Funding. The compensation for this Agreement derives from Highway Safety Improvement (“HSIP”) grant funds. In order to comply with HSIP grant funding requirements, Consultant agrees to comply with all applicable provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference. In the event of a conflict between this Agreement and Exhibit B, the provisions of Exhibit B shall prevail. In the event of any misunderstanding or confusion regarding the applicable provisions, the Consultant’s Representative and the Contract Administrator shall meet and resolve any misunderstanding or confusion.

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.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 11

Menifee Mayor and City Council
May 15, 2024
Page
935 of 1147

2905/031858-0001
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4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection 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.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 12

Menifee Mayor and City Council
May 15, 2024
Page
936 of 1147

2905/031858-0001
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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.
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- 01 CITYWIDE TRAFFIC SIGNAL SAFETY IMPROVEMENT (DESIGN SERVICES) (PRELIMINARY ENGINEERING PHASE). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 13

Menifee Mayor and City Council
May 15, 2024
Page
937 of 1147

2905/031858-0001
18155996.1 a04/02/24 -7-
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.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or 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 Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 14

Menifee Mayor and City Council
May 15, 2024
Page
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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 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 Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 15

Menifee Mayor and City Council
May 15, 2024
Page
939 of 1147

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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.

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.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 16

Menifee Mayor and City Council
May 15, 2024
Page
940 of 1147

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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 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 Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 17

Menifee Mayor and City Council
May 15, 2024
Page
941 of 1147

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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 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, Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 18

Menifee Mayor and City Council
May 15, 2024
Page
942 of 1147

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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 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 Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 19

Menifee Mayor and City Council
May 15, 2024
Page
943 of 1147

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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; 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 Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 20

Menifee Mayor and City Council
May 15, 2024
Page
944 of 1147

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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 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.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 21

Menifee Mayor and City Council
May 15, 2024
Page
945 of 1147

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

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

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

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by 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 Kari Cano (“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.

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

KIMLEY-HORN AND ASSOCIATES, INC.

Attn: Kari Cano
3880 Lemon Street, Suite 420
Riverside, CA 92501
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 22

Menifee Mayor and City Council
May 15, 2024
Page
946 of 1147

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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

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.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 23

Menifee Mayor and City Council
May 15, 2024
Page
947 of 1147

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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 interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 24

Menifee Mayor and City Council
May 15, 2024
Page
948 of 1147

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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
Megan Ulery, P.E., LEED, Vice President
Jean Fares, P.E., Principal
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 25

Menifee Mayor and City Council
May 15, 2024
Page
949 of 1147

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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 24-01 CITYWIDE TRAFFIC SIGNAL SAFETY

IMPROVEMENT (DESIGN SERVICES) (PRELIMINARY ENGINEERING PHASE) services in the amount not to exceed One Hundred Seventy Four Thousand Eight Hundred Nineteen Dollars and Thirty Cents ($174,819.30) as further detailed in the following page(s).

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 26

Menifee Mayor and City Council
May 15, 2024
Page
950 of 1147

2905/031858-0001
18155996.1 a04/02/24 EXHIBIT A.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 27

Menifee Mayor and City Council
May 15, 2024
Page
951 of 1147

2905/031858-0001
18155996.1 a04/02/24 EXHIBIT A.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 28

Menifee Mayor and City Council
May 15, 2024
Page
952 of 1147

2905/031858-0001
18155996.1 a04/02/24 EXHIBIT A.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 29

Menifee Mayor and City Council
May 15, 2024
Page
953 of 1147

2905/031858-0001
18155996.1 a04/02/24 EXHIBIT A.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 30

Menifee Mayor and City Council
May 15, 2024
Page
954 of 1147

2905/031858-0001
18155996.1 a04/02/24 EXHIBIT A.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 31

Menifee Mayor and City Council
May 15, 2024
Page
955 of 1147

2905/031858-0001
18155996.1 a04/02/24 EXHIBIT A.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 32

Menifee Mayor and City Council
May 15, 2024
Page
956 of 1147

2905/031858-0001
18155996.1 a04/02/24
EXHIBIT A.

Item Title: 10.15
Agreement with Kimley-Horn and Associates, Inc. for Environmental and Civil Design Services for the Citywide Traffic Signal Safety Improvements Project Item Page Number: 33

Menifee Mayor and City Council
May 15, 2024
Page
957 of 1147

2905/031858-0001
18155996.1 a00/00/00
EXHIBIT B.

EXHIBIT B
For purposes of this Exhibit B, “LOCAL AGENCY” shall refer to the City of Menifee and “CONSULTANT” and/or “CONTRACTOR” shall refer to KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation.

The following Articles are dervied from Exhibit 10-R to the Local Assistance Procedures Manual prepared by Caltrans for projects using a federal funding source. The Article numbers from that Exhibit 10-R are retained herein for ease of reference.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee as set forth in Exhibit A. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 34

Menifee Mayor and City Council
May 15, 2024
Page
958 of 1147

2905/031858-0001
18155996.1 a00/00/00 EXHIBIT B.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by CONSULTANT to LOCAL AGENCY.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

FEDERAL FUNDS FOR LOBBYING
A. CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 35

Menifee Mayor and City Council
May 15, 2024
Page
959 of 1147

2905/031858-0001
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C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF

COMPLIANCE
A. CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 36

Menifee Mayor and City Council
May 15, 2024
Page
960 of 1147

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nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR 21 -Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE)

PARTICIPATION
A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.

Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 37

Menifee Mayor and City Council
May 15, 2024
Page
961 of 1147

2905/031858-0001
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• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines “manufacturer” and “regular dealer.” This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California’s statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 20%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment, to the Local Assistance Procedures Manual prepared by Caltrans. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H:

Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 38

Menifee Mayor and City Council
May 15, 2024
Page
962 of 1147

2905/031858-0001
18155996.1 a00/00/00 EXHIBIT B.

CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant’s license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE’s work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 39

Menifee Mayor and City Council
May 15, 2024
Page
963 of 1147

2905/031858-0001
18155996.1 a00/00/00 EXHIBIT B.
they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation.
• CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE’s response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm’s business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 40

Menifee Mayor and City Council
May 15, 2024
Page
964 of 1147

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of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached
• If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F:

Monthly Disadvantaged Business Enterprise Payment)
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 41

Menifee Mayor and City Council
May 15, 2024
Page
965 of 1147

2905/031858-0001
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If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date.

CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 42

Menifee Mayor and City Council
May 15, 2024
Page
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• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE.

An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit Item Title: 10.15
Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 43

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May 15, 2024
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a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. By the 15th of the month following the month of any payment(s), the CONSULTANT must submit Exhibit 9-P to the Local Assistance Procedures Manual prepared by Caltrans to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P to the Local Assistance Procedures Manual prepared by Caltrans.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XXXII TITLE VI ASSURANCES

APPENDIX A
Item Title: 10.15
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Inc.

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Civil

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Traffic
Signal Safety Improvements Project
Item Page Number: 44

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May 15, 2024
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18155996.1 a00/00/00 EXHIBIT B.

During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the Item Title: 10.15
Agreement

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Kimley-Horn

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Inc.

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Environmental

and

Civil

Design

Services

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the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 45

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May 15, 2024
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State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, if applicable, including, but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Item Title: 10.15
Agreement

with

Kimley-Horn

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Associates,

Inc.

for

Environmental

and

Civil

Design

Services

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the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 46

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May 15, 2024
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• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

Item Title: 10.15
Agreement

with

Kimley-Horn

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Associates,

Inc.

for

Environmental

and

Civil

Design

Services

for

the

Citywide

Traffic
Signal Safety Improvements Project
Item Page Number: 47

Menifee Mayor and City Council
May 15, 2024
Page
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for the Fiscal Year 2023/2024 Local Roads AC Resurfacing Program Project
MEETING DATE: May 15, 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. Award bid and authorize the City Manager to execute a Contract Services Agreement with Copp Contracting, Inc. for construction services for the Fiscal Year (FY) 2023/2024 Local Roads AC Resurfacing Program Project, Capital Improvement Program (CIP) Project No. 24- 19, located north of Ridgemoor Road, east of Phoenix Way, south of Sun City Boulevard, and west of Valley Boulevard, in a total not-to-exceed amount of $767,647.

DISCUSSION
The FY 2023/2024 Local Roads AC Resurfacing Program, CIP Project No. 24-19 (“Project”), would consist of resurfacing the existing pavement by grinding and overlaying asphalt concrete (AC), and removal and replacement of 17 existing non-compliant curb ramps. The Project would also include the removal and replacement of curb, gutter, cross gutters, striping, and signage.

On April 11, 2024, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of eight bid submissions with several bids coming in under the Engineer’s Estimate, as summarized in Table 1 on the following page.

Item Title: 10.16
Bid

Award

and

Agreement

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Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 1

Menifee Mayor and City Council
May 15, 2024
Page
972 of 1147

City of Menifee Staff Report
CIP 24-19 Copp Contracting, Inc. Bid Award
May 15, 2024

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TABLE 1 – BID RESULT SUMMARY
Firm Name Total Base Bid
Amount
Lowest and
Responsible Bidder
Engineers Estimate $921,500.00
Copp Contracting, Inc. $767,646.50 X
Hardy & Harper, Inc. $840,000.00
Onyx Paving Company, Inc $844,844.00
R.J. Noble Company $847,751.00
Wheeler Paving $884,353.40
All American Asphalt $885,383.00
Hillcrest Contracting, Inc. $940,124.70
I E General Engineering Inc $982,434.20
Staff reviewed the lowest bid and determined that Copp Contracting, Inc. met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with Copp Contracting, Inc. is $767,646.50. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing, would be procured separately.

The total estimated construction cost is $894,411, which includes construction services, ancillary services such as labor compliance and materials testing, as well as other unforeseen costs that may arise during construction.

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

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

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

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

Item Title: 10.16
Bid

Award

and

Agreement

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Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 2

Menifee Mayor and City Council
May 15, 2024
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City of Menifee Staff Report
CIP 24-19 Copp Contracting, Inc. Bid Award
May 15, 2024

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

The amount of the proposed Contract Services 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.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed Contract Services Agreement is not-to-exceed $767,647.

Funding for the proposed Contract Services Agreement with Copp Contracting is available within the FY 2023/2024 budget, as summarized in Table 2 below.

TABLE 2 – FY 2023/2024 EXISTING PROJECT BUDGET
Fund Account Number Available Budget Anticipated Cost
Measure DD 105-4555-58198 $360,000 $360,000
RMRA (SB1) 201-4555-58198 $180,000 $180,000
Measure A 220-4555-58198 $730,000 $227,647
TOTALS $1,270,000 $767,647
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. Agreement – Copp Contracting, Inc.

Item Title: 10.16
Bid

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Contracting,

Inc.

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2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 3

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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FY23-24_LocalRoadsAC_Resurfacing\FY23-24_LocalRoadsAC_Resurfacing.aprx Date: 4/16/2024 FY 23-24 Local Roads AC Resurfacing Program
(CIP 24-19)
Project Location Map
Item Title: 10.16
Bid

Award

and

Agreement

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Copp

Contracting,

Inc.

for

Construction

Services

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the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 4

Menifee Mayor and City Council
May 15, 2024
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2905/031858-0001
19201719.4 a10/04/23

CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 24-19 FY 23-24 LOCAL ROADS AC RESURFACING PROGRAM
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2024 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and COPP CONTRACTING, INC., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on May 15, 2024. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that Item Title: 10.16
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Inc.

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2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 5

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all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and Item Title: 10.16
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Award

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Copp

Contracting,

Inc.

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Services

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the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 6

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May 15, 2024
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guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor Item Title: 10.16
Bid

Award

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Agreement

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Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 7

Menifee Mayor and City Council
May 15, 2024
Page
978 of 1147

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shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.

Item Title: 10.16
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SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Seven Hundred Sixty-Seven Thousand, Six Hundred Forty-Six Dollars and Fifty Cents ($767,646.50) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein.

In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Item Title: 10.16
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Invoices shall be submitted to:

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

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Item Title: 10.16
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Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

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

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

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

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Item Page Number: 11

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3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Item Title: 10.16
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in Item Title: 10.16
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an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

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

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 24- 19 FY 23-24 LOCAL ROADS AC RESURFACING PROGRAM. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of Item Title: 10.16
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the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial Item Title: 10.16
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category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

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

SECTION 5. INDEMNIFICATION.

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

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or Item Title: 10.16
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subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

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

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

SECTION 7. LEGAL REQUIREMENTS.

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

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

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.

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(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to Item Title: 10.16
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provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

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

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working Item Title: 10.16
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day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the Item Title: 10.16
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professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, Item Title: 10.16
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drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and Item Title: 10.16
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audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

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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. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

COPP Contracting, Inc,
Attn: Hailey Copp, Executive Assistant
6751 Stanton Ave
Buena Park, CA 90621
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
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

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

10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed Item Title: 10.16
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for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

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

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

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

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 28

Menifee Mayor and City Council
May 15, 2024
Page
999 of 1147

2905/031858-0001
19201719.4 a10/04/23 -25-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Ezekiel A. Copp, President

Erlinda Copp, Secretary

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 29

Menifee Mayor and City Council
May 15, 2024
Page
1000 of 1147

2905/031858-0001
19201719.4 a10/04/23

EXHIBIT A

SPECIAL REQUIREMENTS

INTENTIONALLY OMITTED
Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 30

Menifee Mayor and City Council
May 15, 2024
Page
1001 of 1147

2905/031858-0001
19201719.4 a10/04/23

EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 24-19 FY 23-24 LOCAL ROADS AC RESURFACING PROGRAM services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed Seven Hundred Sixty-Seven Thousand, Six Hundred Forty-Six Dollars and Fifty Cents ($767,646.50) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

The numerical reference for the Bid Package or Request for Proposals is: _70__.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 31

Menifee Mayor and City Council
May 15, 2024
Page
1002 of 1147

2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 32

Menifee Mayor and City Council
May 15, 2024
Page
1003 of 1147

2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 33

Menifee Mayor and City Council
May 15, 2024
Page
1004 of 1147

2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 34

Menifee Mayor and City Council
May 15, 2024
Page
1005 of 1147

2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 35

Menifee Mayor and City Council
May 15, 2024
Page
1006 of 1147

2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 36

Menifee Mayor and City Council
May 15, 2024
Page
1007 of 1147

2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 37

Menifee Mayor and City Council
May 15, 2024
Page
1008 of 1147

2905/031858-0001
19201719.4 a10/04/23 EXHIBIT B.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2023/2024

Local
Roads AC Resurfacing Program Project
Item Page Number: 38

Menifee Mayor and City Council
May 15, 2024
Page
1009 of 1147

CITY OF MENIFEE
SUBJECT: Acceptance of Improvements from Riverside County Regional Park and Open-Space District for the Salt Creek Trail
Crossings
MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept public improvements from the County of Riverside associated with four Salt Creek Trail Crossings located along the Salt Creek Trail at Normandy Road, Murrieta Road, Bradley Road, and at the intersection of Antelope Road and Aldergate Drive.

DISCUSSION
The Riverside County Regional Park and Open-Space District (“County”) has completed construction of the first phase of the Salt Creek Trail Project within the City of Menifee. This section of the Salt Creek Trail is located on the north side of Salt Creek between Goetz Road and Antelope Road, as depicted in the attached Project Map.

The Salt Creek Trail improvements included construction of an asphalt paved pedestrian walkway and bike trail. This phase of the project included approximately four miles of trail which would eventually be expanded to 16 miles of trail connecting Menifee and Hemet. The County currently maintains the Salt Creek Trail and would continue to maintain the regional trail. The County also constructed signalized pedestrian crossings where the trail intersects with existing City streets including Normandy Road, Murrieta Road, and Bradley Road. A fourth lighted, but unsignalized, pedestrian crossing trail crossing was constructed at the three-way stop located at the intersection of Antelope Road and Aldergate Drive. These locations are also provided on the attached Project Map.

The County is now requesting that the City accept the improvements and maintenance into the City’s maintenance system for the three signalized pedestrian crossings and the Aldergate Drive crossing streetlight. Staff has inspected the completed improvements and determined that the Item Title: 10.17
Acceptance

Improvements

from

Riverside

County

Regional

Park

and

Open-Space

District

for

the

Salt

Creek

Trail
Crossings
Item Page Number: 1

Menifee Mayor and City Council
May 15, 2024
Page
1010 of 1147

City of Menifee Staff Report
Salt Creek Trail Pedestrian Crossing Improvements
May 15, 2024

Page 2 of 2 ends

2 0
9 0
improvements have been constructed in accordance with the County specifications and standards, which are acceptable to the City.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact resulting from acceptance of these pedestrian crossings is collectively estimated at $7,500 for routine maintenance and energy costs associated with the traffic signals and streetlight. Current and ongoing maintenance costs for these crossing improvements, as well as refresh of crosswalk markings, would be supported through Gas Tax Fund No. 200.

ATTACHMENTS

1. Project Map
Item Title: 10.17
Acceptance

Improvements

from

Riverside

County

Regional

Park

and

Open-Space

District

for

the

Salt

Creek

Trail
Crossings
Item Page Number: 2

Menifee Mayor and City Council
May 15, 2024
Page
1011 of 1147

PROJECT MAP

VICINITY MAP

NORMANDY ROAD CROSSING

MURRIETA ROAD CROSSING

BRADLEY ROAD CROSSING

ANTELOPE ROAD CROSSING
Item Title: 10.17
Acceptance

Improvements

from

Riverside

County

Regional

Park

and

Open-Space

District

for

the

Salt

Creek

Trail
Crossings
Item Page Number: 3

Menifee Mayor and City Council
May 15, 2024
Page
1012 of 1147

CITY OF MENIFEE
SUBJECT: Final Map, Agreements, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Haile Ford, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of the final map for Tract Map 36658-6, Cimmaron Ridge, by Pulte Homes Company, LLC, located east of Valley Boulevard and south of McLaughlin Road; and

2. Approve and authorize the City Manager to execute subdivision improvement agreements to guarantee completion of required onsite and offsite improvements associated with Tract Map 36658-6.

DISCUSSION
Tract Map (TM) 36658-6, a phase of Cimarron Ridge (“Project”), is a proposed subdivision of 29.8 gross acres of land into 96 total lots for residential use, including one lot for open space/water quality and drainage purposes. TM 36658-6 is one of seven phases of the Project by Pulte Homes Company, LLC (“Developer”) and is located east of Valley Boulevard and south of McLaughlin Road.

The Developer is now requesting approval and filing of the final map for TM 36658-6 and approval of the associated Subdivision Improvement Agreement and Agreement for the Placement of Survey Monuments (“Agreements”) as required by the Project’s conditions of approval. The Agreements require that improvement securities are posted to guarantee the completion of the required onsite and offsite improvements. The Agreements require that these improvements be completed within 12 months from the date of City Council approval.

Staff has reviewed the Developer’s request and determined that the associated Agreements meet the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in the tables on the following page.

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 1

Menifee Mayor and City Council
May 15, 2024
Page
1013 of 1147

City of Menifee Staff Report
TM 36658-6 Final Map
May 15, 2024

Page 2 of 2 ends

2 1
8 2
TABLE 1 – OFFSITE IMPROVEMENTS TM 36658-6
Improvement Security Faithful Performance Labor & Materials Streets and Drainage 7901181745 /
7901181746 $ 4,407,000 $ 2,203,500
Water System 7901181745 /
7901181746 $ 542,500 $ 271,250
Sewer System 7901181745 /
7901181746 $ 291,500 $ 145,750
Total $ 5,241,000 $ 2,620,500
TABLE 2 – ONSITE IMPROVEMENTS TM 36658-6
Improvement Security Faithful Performance Labor & Materials Streets and Drainage 7901181747 /
7901181748 $ 1,666,000 $ 833,000
Water System 7901181747 /
7901181748 $ 219,000 $ 109,500
Sewer System 7901181747 /
7901181748 $ 266,500 $ 133,250
Total $ 2,151,500 $ 1,075,750
TABLE 3 – SURVEY MONUMENT TM 36658-6
Improvement Security
Survey Monument 7901181749 $103,320 -
Total $103,320 -

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of TM 36658-6. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017-1 Annexation 22, Zone 22.

ATTACHMENTS

1. Final Map

2. Subdivision Improvement Agreement

3. Bonds – Offsite Improvements

4. Bonds – Onsite Improvements

5. Survey Monument Agreement

6. Bond – Monuments
Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 2

Menifee Mayor and City Council
May 15, 2024
Page
1014 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 3

Menifee Mayor and City Council
May 15, 2024
Page
1015 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 4

Menifee Mayor and City Council
May 15, 2024
Page
1016 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 5

Menifee Mayor and City Council
May 15, 2024
Page
1017 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 6

Menifee Mayor and City Council
May 15, 2024
Page
1018 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 7

Menifee Mayor and City Council
May 15, 2024
Page
1019 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 8

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May 15, 2024
Page
1020 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 9

Menifee Mayor and City Council
May 15, 2024
Page
1021 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 10

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May 15, 2024
Page
1022 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 11

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May 15, 2024
Page
1023 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 12

Menifee Mayor and City Council
May 15, 2024
Page
1024 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 13

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 14

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 15

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 16

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 17

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May 15, 2024
Page
1029 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 18

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 19

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 20

Menifee Mayor and City Council
May 15, 2024
Page
1032 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 21

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 22

Menifee Mayor and City Council
May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 23

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May 15, 2024
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 24

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May 15, 2024
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 25

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May 15, 2024
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 26

Menifee Mayor and City Council
May 15, 2024
Page
1038 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 27

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May 15, 2024
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 28

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 29

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 30

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 31

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 32

Menifee Mayor and City Council
May 15, 2024
Page
1044 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 33

Menifee Mayor and City Council
May 15, 2024
Page
1045 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 34

Menifee Mayor and City Council
May 15, 2024
Page
1046 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 35

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May 15, 2024
Page
1047 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 36

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May 15, 2024
Page
1048 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 37

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May 15, 2024
Page
1049 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 38

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May 15, 2024
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 39

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 40

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 41

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May 15, 2024
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 42

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May 15, 2024
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 43

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 44

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 45

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May 15, 2024
Page
1057 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 46

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May 15, 2024
Page
1058 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 47

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May 15, 2024
Page
1059 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 48

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May 15, 2024
Page
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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 49

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May 15, 2024
Page
1061 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 50

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May 15, 2024
Page
1062 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 51

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May 15, 2024
Page
1063 of 1147

Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 52

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 53

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 54

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 55

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 56

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Item Page Number: 57

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Item Page Number: 58

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Item Page Number: 59

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Item Page Number: 60

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Item Page Number: 61

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Item Page Number: 62

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Item Page Number: 63

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Item Page Number: 64

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 65

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Item Page Number: 66

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Item Title: 10.18
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Item Page Number: 67

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Item Page Number: 68

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Item Page Number: 69

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Item Page Number: 70

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Item Page Number: 71

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Item Page Number: 72

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Item Page Number: 73

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Item Page Number: 74

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Item Page Number: 75

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Item Page Number: 76

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 77

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 78

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 79

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 80

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 81

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 82

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 83

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 84

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Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 85

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 86

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 87

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 88

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 89

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Item Title: 10.18
Final Map, Subdivision Improvement Agreement, and Bonds for Tract Map 36658-6, Cimarron Ridge, by Pulte Homes Company, LLC
Item Page Number: 90

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CITY OF MENIFEE
SUBJECT: Street Name Change from Comey View Court to Comet View Court
MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Laura Sportelli, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution approving the street name change from “Comey View Court” to “Comet View Court” in the Sun Ranch community of the City of Menifee.

DISCUSSION
On August 16, 2004, Tract Map 28504, recorded by the Riverside County Recorder’s Office, created the Sun Ranch Community consisting of approximately 57 residential lots, and several public streets, including “Comey View Court” labeled on the Tract Map. When the community was constructed, prior to the City’s incorporation, the street sign installed by the developer was labeled “Comet View Court”.

Over the years, 911 emergency services have experienced difficulties dispatching to the correct street addresses because the 911 database is established from the recorded Tract Map which shows the street name as “Comey View Court”. On June 21, 2023, the street sign reading “Comet View Court” was replaced as “Comey View Court”, due to the combined long-standing requests of the County of Riverside, Riverside Sheriff’s Office, CAL FIRE and United States Postal Service (USPS). The sign change to “Comey View Court” was initiated as what staff believed to be a correction to reflect the street name as it appears on the recorded Tract Map 28504.

In response to the changed street sign, staff received an inquiry from a resident, prompting further research. It was found that, although the Tract Map identifies the street name as “Comey View Court”, the Assessor’s online map and Google Earth images identify the street name as “Comet View Court”, as do several online mapping systems. Staff issued a letter to the street’s 12 property owners on August 23, 2023, to reaffirm the issue and request confirmation of the street name that was recorded on the residents’ official documents (i.e., title report, grant deed, tax bill, etc.). Staff received two responses to the letter and were provided with unverified utility bills and tax bills that Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 1

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City of Menifee Staff Report
Street Name Change to Comet View Court
May 15, 2024

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referenced “Comey View Court” as the property address and “Comet View Court” as the mailing address.

On October 18, 2023, the City Council requested a future agenda item to review the “Comey View Court” vs. “Comet View Court” street name discrepancy. The item was presented to the City Council for discussion on January 17, 2024, where City Council directed staff to return with an official street name change action item to change from “Comey View Court” to “Comet View Court”. On April 1, 2024, staff received a signed petition from eleven (11) residents confirming 92% concurrence with the official street name change to “Comet View Court”.

Government Code Section 34091.1 designates authority to the City Council to amend existing names of city streets by adoption of a resolution. Adoption of the attached resolution, approving the street name change from “Comey View Court” to "Comet View Court" for the 12 lots located north of Turfwood Street, south of Rouse Road, east of Geary Street, and west of Lone Star Way is the first step.

If adopted, the City would send a letter of notification to the residents providing the date that the City’s maintenance crew would complete the installation of a new street sign. The Building Official would submit an address verification document to Menifee Geographic Information System (GIS), Riverside County GIS, 911 Emergency Services, and the USPS. Residents would need to ensure that the correct mailing address has been submitted to all residential service providers and is reflected on all legal documentation.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community / Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of changing the signage will not result in additional costs beyond the installation cost and the staff time required to assess and prepare this item for council consideration. The estimated materials cost of replacing the street sign is $150.

ATTACHMENTS

1. Tract Map 28504

2. Resolution

3. Resident Communication & Petition

4. Public Hearing Notice
Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 2

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Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 3

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1 RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING THE COMEY VIEW COURT NAME CHANGE TO COMET VIEW COURT.

WHEREAS, the City Council possesses the authority to rename an existing city street by resolution pursuant to Government Code Section 34091.1; and WHEREAS, the Sun Ranch Community was originally approved prior to its incorporation into the City of Menifee; and
WHEREAS, Tract Map 28504, recorded August 16, 2004, created Comey View Court.

WHEREAS, the Community Development and Engineering Departments now recommend changing the street name from “Comey View Court” to “Comet View Court” for the lots located north of Turfwood Street, south of Rouse Road, east of Geary Street, and west of Lone Star Way (Exhibit A) due to a request from residents; and
WHEREAS, the City Council conducted a duly noticed public hearing on May 15, 2024; and WHEREAS, changing an existing street name is exempt from review under the California Environmental Quality Act, pursuant to 14 Cal. Code Regs. 15061(b)(3), because it can be seen with certainty that there is no possibility that the name change in question will have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does hereby resolve, declare, determine and order as follows:

Section 1.That the City Council of the City of Menifee hereby resolves to approve the street name change for Comey View Court to "Comet View Court" for the for the lots located north of Turfwood Street, south of Rouse Road, east of Geary Street, and west of Lone Star Way, as shown in Exhibit A, pursuant to the authority vested in the City Council by California Government Code section 34091.1.

Section 2.That the City Clerk and Public Works Department are hereby directed to take whatever steps are required by law to notify the public of said name change, including providing any required notices, including to the County of Riverside pursuant to California Government Code section 34092, and to proceed to make physical improvements to the street that reflect the intent of this resolution.

PASSED, APPROVED AND ADOPTED this 15th day of May, 2024 ____________________________
Bill Zimmerman, Mayor
Attest:
____________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
____________________________
Jeffery T. Melching, City Attorney
Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 4

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2 EXHIBIT A.

Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 5

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Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 6

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Petition from Sun Ranch Homeowners living on
Comet View Court, Menifee, CA
Regarding Comey/COMET VIEW COURT Street Name Discrepancy This petition is being circulated regarding the Street Name change from COMET VIEW COURT to Comey View Court that the City of Menifee posted during the month of June 2023. The change was made without notifying the residents on COMET VIEW COURT.

You were sent a letter on August 23, 2023, regarding this street name change and told to send any responses to the City’s Building Official by Friday, September 8, 2023.

On Wednesday, January 17, 2024, your neighbor, Kile Stewart and I, Rebecca Stewart-Wilson, attended the City Council meeting to present our concerns and opposition to the street name change, citing the hardship created for residents to change every legal and licensing document currently using COMET VIEW COURT. Given our concerns, the Council tabled the vote until a future meeting.

As the residents on COMET VIEW COURT, we must present a United Agreement that we want the street name to permanently remain COMET VIEW COURT. If you agree, please fill in the information on the following page. This Petition will be delivered to Cheryl Kitzerow, Community Development Director, City of Menifee. We should be receiving a notice about the meeting date when this discussion will come back on the floor for a vote.

If you have questions, please fill free to speak with Kile or me, Rebecca .

Sun Ranch Home Owners Association
Rebecca Stewart-Wilson, Sun Ranch Owner
Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 7

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Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 8

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NOTICE OF PUBLIC HEARING
AND

INTENT TO ADOPT A STREET NAME CHANGE

TIME OF PUBLIC HEARING: 6:00 PM, or as soon thereafter as possible DATE OF PUBLIC HEARING: May 15, 2024
PLACE OF PUBLIC HEARING: Menifee City Council Chambers 29844 Haun Road, Menifee, CA 92586

A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider adopting a Resolution to approve the street name change from “Comey” View Court to “Comet” View Court in the Sun Ranch Community of Menifee, California.

Location: North of Turfwood Street, south of Rouse Road, east of Geary Street, and west of Lone Star Way.

Any person wishing to comment on the proposed street name change may do so in writing between the date of this notice and the public hearing. All comments must be received prior to the time of public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed Resolution.

If this Resolution is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the City Council may amend, in whole or in part, the proposed Resolution.

For further information regarding this Resolution or to provide written correspondence, please contact Laura Sportelli, at (951) 723-3795 or e-mail [email protected] or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. Please send all written correspondence to:

THE CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT – BUILDING DIVISION Attn: Laura Sportelli, Management Analyst
29844 Haun Road
Menifee, CA 92586
Item Title: 11.1
Street Name Change from Comey View Court to Comet View Court Item Page Number: 9

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CITY OF MENIFEE
SUBJECT: 2024 Comprehensive Cost of Services/User Fee Schedule Update
MEETING DATE: May 15, 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
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution approving the addition and modification of fees to the 2022 User Fee Schedule and authorizing an effective date of July 15, 2024; and

2. Authorize the City Manager to implement an annual Consumer Price Index (CPI) adjustment, based on January-to-January index (increase or decrease) not-to-exceed four percent, with the first adjustment effective July 15, 2024 and annual adjustments thereafter on July 1 each fiscal year.

DISCUSSION
On October 5, 2022 the City Council adopted the 2022 Comprehensive Cost of Services/User Fee Study and accompanying fee schedule with an effective date of January 1, 2023. The new fee schedule reflected a comprehensive review and analysis to determine the full cost of providing services accurately, fairly, and reasonably to the individuals, residents, and businesses within the community. Ultimately, the amount of revenue generated (fee amount) may not exceed the estimated reasonable cost of providing the services, and with the goal of making the City “whole” as to costs.

In addition to the new fee schedule, effective January 1, 2023, the approval of the Fee Study included authorization for the City Manager to implement an annual Consumer Price Index (CPI) adjustment (increase or decrease) not-to-exceed 4%, effective July 1 each fiscal year, based on December to December of the previous year, with the first adjustment effective July 1, 2024.

As the City prepares for Fiscal Year 2024/2025, several necessary fees have been identified for addition to the existing fee schedule based on services provided by the City. For example, with the launch of the Aquatics program, corresponding program fees are recommended. Consistent Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 1

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City of Menifee Staff Report
2024 Comprehensive Cost of Services/User Fee Schedule Update May 15, 2024

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with the adopted fee schedule methodology and approach, recommended fees were based on current fees, industry norms, economic development strategy, and parity with surrounding cities.

Table 1 below identifies the new fees and/or fee adjustments recommended for adoption beginning July 15, 2024.

TABLE 1: PROPOSED NEW FEES AND/OR FEE ADJUSTMENTS (EFFECTIVE JULY 15, 2024) Fee Name Proposed Fee Amount ($) Department
Cost Recovery
Description/
Determination Description
Aquatics: Learn-to-
Swim
(New Fee)
$75 Resident
$125 Non-Resident
For future year rates this fee will fall within
Programmatic / Sport / Afterschool Fees -
See Activity Guide for most up to dates
rates.

Community
Services
Proposed
based on
market rates
and survey with
surrounding
entities.

Group swim
lessons per 2
week session.

Aquatics: Recreation
Swim
(New Fee)
$2 Resident
$10 Non-Resident
For future year rates this fee will fall within
Programmatic / Sport / Afterschool Fees -
See Activity Guide for most up to dates
rates.

Community
Services
Proposed
based on
market rates
and survey with
surrounding
entities.

Open
recreation swim
daily fee
Aquatics: Lap Swim
(New Fee)
$2 Resident
$10 Non-Resident
For future year rates this fee will fall within
Programmatic / Sport / Afterschool Fees -
See Activity Guide for most up to dates
rates.

Community
Services
Proposed
based on
market rates
and survey with
surrounding
entities.

Lap swim daily
fee per 30
minute session
Sports Field Striping
(New Fee)
$15 per field (Resident)
$20 per field (Non-Resident)
Community
Services
Proposed
based on
market rates
and survey with
surrounding
entities.

Striping of
ballfield
diamonds or
multipurpose
fields per field
Palm Room Lighting
(New Fee)
$25 per event (Resident)
$50 per event (Non-Resident)
Community
Services
Proposed
based on
market rates
and survey with
surrounding
entities.

Facility rental
use of stage
lights in the
Palm Room per
event
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 2

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Fee Name Proposed Fee Amount ($) Department
Cost Recovery
Description/
Determination Description
Tenant Improvement
(TI) Fees
(Commercial/Multi-
Family/Industrial)
(New Fee)
Project Valuation/Valuation Multiplier
($0-$5,900)/$199 Flat Fee
$5,701-$25,000/.033 Valuation Multiplier
$25,001-$50,000/.020 Valuation Multiplier
$50,001-$250,000/.010 Valuation Multiplier
$250,001-$500,000/.009 Valuation Multiplier
$500,001-$1,000,000/.006 Valuation Multiplier
Over $1,000,000/.007 Valuation Multiplier
Building &
Safety
Full Cost
Recovery
Expanded/
Tiered TI Fee
based on
Valuation &
Valuation
Multiplier.

Planning Application
Refund Processing
Fee
(New Fee)
Fee will be based per MMC 9.30.050
policy established by CD Director
Community
Development
: Planning
Full Cost
Recovery
Associated
costs for
processing
refund request.

Refund Policy
by CD Director
established per
M.M.C Chapter

9.30.050.

Building Permit
Refund Processing
Fee
(New Fee)
Fee will be based per policy established
by Building Code 109.6
Community
Development
: Building &
Safety
Full Cost
Recovery
Associated
costs for
processing
refund request.

Refund Policy
by Building
Official
established per
Building Code,
109.6.

Clearance Letter
(Fee Adjustment)(Fee

5.03)
$25 (increase by $5) Menifee PD 83.29% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Citation Sign Off
(Fee Adjustment)(Fee

5.04 and 5.05)
$20 (increase by $20 for Menifee PD
Citation and $5 for Outside Agency
Citation)
Menifee PD 52.63% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Vin Verification
(Fee Adjustment)(Fee

5.14)
$30 (increase by $5) Menifee PD 88.24% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 3

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Fee Name Proposed Fee Amount ($) Department
Cost Recovery
Description/
Determination Description
Vehicle Release
Abandoned or Stored
(Fee Adjustment)(Fee

5.15 and 5.17)
$150 (increase by $50) Menifee PD 74.63% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Vehicle Release
Impounded or Stored
for DUI
(Fee Adjustment)(Fee

5.16)
$200 (increase by $50) Menifee PD 99.50% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Business License
Reinstatement Fee (1)
(New Fee)(Fee 2.08)
Applicable Annual Renewal Fee(s) +
Late Payment(s) Fee for all outstanding
years
Finance Penalty
(Renewal Fee
+ Late
Payment Fee)
for all
outstanding
years
Cost of
expired/lapsed
business
license
requiring
reinstatement.
(1) The purpose of the fine and/or penalty is to ensure compliance, therefore, the amount is meant to be punitive in nature, so as to incentivize compliance. The fine / penalty amount is meant to be set at a rate that ensures there is enough of a financial impact of non- compliance to discourage that non-compliance.

Automatic Annual Fee Adjustments
As previously noted, the 2022 User Fee schedule included authorization for the City Manager to implement an annual CPI adjustment (increase or decrease) not-to-exceed 4%, effective July 1 each fiscal year, based on December-to-December of the previous year, with the first adjustment effective July 1, 2024. The complete CPI for All Urban Consumers – Riverside- San Bernardino- Ontario, CA information is available on a January-to-January basis, with only a partial index available for December-to-December. Therefore, beginning with the first adjustment in July 2024, staff is recommending updating the automatic annual fee adjustment be updated to be a January- to-January CPI index (increase or decrease), not-to-exceed 4%. Federal and State set fees such as passport and document reproduction fees, would not be included in the annual adjustment.

For 2024 the January-to-January CPI and recommended fee adjustment is 2.878%.

As some of the fees are development related and pursuant to Government Code section 66017, the recommended effective date for the new and/or fee adjustment as well as implementation of the annual fee adjustment for all existing fees is July 15, 2024, to conform with the 60-day implementation period requirement. In future years the annual automatic adjustment would be effective on July 1st.

STRATEGIC PLAN OBJECTIVE
Thriving Economy
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 4

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May 15, 2024
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City of Menifee Staff Report
2024 Comprehensive Cost of Services/User Fee Schedule Update May 15, 2024

Page 5 of 5 ends

2 1
7 2

FISCAL IMPACT
Adoption of the proposed new fees and/or fee adjustments would result in higher cost recovery for services provided by the City and help reduce any General Fund subsidy. Additionally, the implementation of the annual CPI adjustment would ensure costs for delivery of services remain current and reflect any significant increases and/or decreases caused by inflation or deflation.

ATTACHMENTS

1. Resolution

2. Exhibit A: 2024 New Fees and Fee Adjustments

3. Exhibit B: Existing Fee Schedule with 2024 Fee Adjustment Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 5

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0 RESOLUTION NO. 24-___

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

MODIFYING FEES AND CHARGES FOR SERVICES PROVIDED BY THE CITY OF

MENIFEE
WHEREAS , the City of Menifee provides development related public services of a discretionary nature, as these services can be withheld from customers for non-payment, which are in addition to community supported public services that are paid for by City tax revenues for general social, safety or welfare reasons; and WHEREAS, the City of Menifee adopted a comprehensive fee schedule by Resolution 22-1229 on October 5, 2022, and now desires to adjust certain fees and charges based on the reasonable costs borne by the City to provide such services ; and WHEREAS, the State of California Government Code Section 66014 et.al. allows local agencies to charge fees for various activities as long as those fees do not exceed the estimated reasonable cost of providing the services for which the fee is intende d; and WHEREAS, the City Council conducted a duly noticed public hearing on May 15, 2024, where the public was allowed to comment and provide input on the proposed fees and charges for services .

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee hereby makes the following findings:

Section 1. It is hereby found and determined that the new fees and charges and/or fee adjustments set forth in Exhibit A attached hereto do not exceed the estimated reasonable costs of providing services for which the fee is charged or the estimated amount required to provide the service for which the fee or charge is levied; and Section 2. The City Council hereby approves Exhibit A - "2024 New Fees and Charges and/or Fee Adjustments” to be included and incorporated as part of the existing comprehensive fee schedule as adopted in October 2022; and
Section 3. The user fees shall be subject to an automatic annual adjustment on July 1st of each year with the first adjustment on July 15, 2024, based on the Consumer Price Index (CPl)- AII Urban Consumers- Riverside , San Bernardino-Ontario , CA, not to exceed 4%, based on a January to January index, as identified in Exhibit B. The City Manager is hereby authorized to implement the CPI adjustment each year without further action of the City Council.

Section 4. The adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City departments, as set forth in Public Resources Code Section 21080(b)(8)(A) .

Section 5. The proposed new user fees and/or fee adjustment and first annual fee adjustment will go into effect July 15, 2024; and
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 6

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0 Section 6. In addition to such fees and charges in Exhibit A and Exhibit B attached hereto , the City shall impose those fees and charges for services such as photocopying of designated records , responses to subpoenas , and similar services , established by enacted State legislation, promu lgated State regulation , and orders of determinations issued by State agencies , the County of Riverside , or other regional agencies having jurisdiction over the activities or functions to which such fees or charges relate. The City shall charge the amount or rate of such fees and charges that are in effect as of the date of the fee or charge is imposed or billed by the City.

Section 7. This Resolution shall be effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 15th day of May, 2024.

ATTEST: APPROVED:
______________________________ ______________________________ Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:
______________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 7

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May 15, 2024
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1118 of 1147

EXHIBIT A: 2024 NEW FEES AND CHARGES AND/OR FEE ADJUSTMENTS

Fee Name

Proposed Fee Amount ($)

Department
Cost Recovery
Description/
Determination

Description
Aquatics: Learn-to-
Swim

(New Fee)
$75 Resident
$125 Non-Resident

For future year rates this fee will fall within
Programmatic / Sport / Afterschool Fees -
See Activity Guide for most up to dates
rates.

Community
Services
Proposed
based on
market rates
and survey
with
surrounding
entities.

Group swim
lessons per 2
week session.

Aquatics: Recreation
Swim

(New Fee)
$2 Resident
$10 Non-Resident

For future year rates this fee will fall within
Programmatic / Sport / Afterschool Fees -
See Activity Guide for most up to dates
rates.

Community
Services
Proposed
based on
market rates
and survey
with
surrounding
entities.

Open
recreation
swim daily fee
Aquatics: Lap Swim

(New Fee)
$2 Resident
$10 Non-Resident

For future year rates this fee will fall within
Programmatic / Sport / Afterschool Fees -
See Activity Guide for most up to dates
rates.

Community
Services
Proposed
based on
market rates
and survey
with
surrounding
entities.

Lap swim
daily fee per
30 minute
session
Sports Field Striping

(New Fee)
$15 per field (Resident)
$20 per field (Non-Resident)
Community
Services
Proposed
based on
market rates
and survey
with
surrounding
entities.

Striping of
ballfield
diamonds or
multipurpose
fields per field
Palm Room Lighting

(New Fee)
$25 per event (Resident)
$50 per event (Non-Resident)
Community
Services
Proposed
based on
market rates
and survey
with
surrounding
entities.

Facility rental
use of stage
lights in the
Palm Room
per event
Tenant Improvement
(TI) Fees
(Commercial/Multi-
Family/Industrial)

(New Fee)
Project Valuation/Valuation Multiplier
($0-$5,900)/$199 Flat Fee
$5,701-$25,000/.033 Valuation Multiplier
$25,001-$50,000/.020 Valuation Multiplier
$50,001-$250,000/.010 Valuation Multiplier
$250,001-$500,000/.009 Valuation Multiplier
$500,001-$1,000,000/.006 Valuation Multiplier
Over $1,000,000/.007 Valuation Multiplier
Building &
Safety
Full Cost
Recovery
Expanded/
Tiered TI Fee
based on
Valuation &
Valuation
Multiplier.

Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 8

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Fee Name

Proposed Fee Amount ($)

Department
Cost
Recovery
Description/
Determination

Description
Planning Application
Refund Processing
Fee

(New Fee)
Fee will be based per MMC 9.30.050
policy established by CD Director
Community
Development
: Planning
Full Cost
Recovery
Associated
costs for
processing
refund request.

Refund Policy
by CD Director
established per
M.M.C Chapter

9.30.050.

Building Permit
Refund Processing
Fee

(New Fee)
Fee will be based per policy established
by Building Code 109.6
Community
Development
: Building &
Safety
Full Cost
Recovery
Associated
costs for
processing
refund request.

Refund Policy
by Building
Official
established per
Building Code,
109.6.

Clearance Letter

(Fee Adjustment)(Fee

5.03)
$25 (increase by $5) Menifee PD 83.29% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Citation Sign Off

(Fee Adjustment)(Fee

5.04 and 5.05)
$20 (increase by $20 for Menifee PD
Citation and $5 for Outside Agency
Citation)
Menifee PD 52.63% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Vin Verification

(Fee Adjustment)(Fee

5.14)
$30 (increase by $5) Menifee PD 88.24% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Vehicle Release
Abandoned or Stored
(Fee Adjustment)(Fee

5.15 and 5.17)
$150 (increase by $50) Menifee PD 74.63% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Vehicle Release
Impounded or Stored
for DUI
(Fee Adjustment)(Fee

5.16)
$200 (increase by $50) Menifee PD 99.50% Cost
Recovery
Increase to
existing fee for
higher cost
recovery.

Business License
Reinstatement Fee

(New Fee)(Fee 2.08)
Applicable Annual Renewal Fee(s) +
Late Payment(s) Fee for all outstanding
years
Finance Penalty
(Renewal Fee
+ Late
Payment Fee)
for all
outstanding
years
Cost of
expired/lapsed
business license
requiring
reinstatement.

Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 9

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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)

1. CITY CLERK

1.01 Public Nuisance Lien Processing $670 $391 $402.73 $391

1.02 Document Reproduction^ $0.25 $0.25 $0.25 $0.25

1.03 Document Certification $20 $17 $17.28 $17

1.04 Digital Media Reproduction $5 $6 $6.17 $6

1.05 Candidate Filing Processing^ $25 $25 $25.00 $25

1.06 City Initiative Processing (refundable)^ $200 $200 $200.00 $200

1.07 Research/Compiling Service Actual Costs Actual Costs Actual Costs

1.08 Certification of Life New $29 $15.43 $15

1.09 Certified Copies $15 $15 $15.43 $15

1.10 Affidavit Process for Building Plans New $207 $102.88 $100

1.11 Copies of Maps Actual Costs Actual Costs Actual Costs Passports
Adult Application Fees^:

1.12 First Time Passport Book $130 $130 $130.00 $130

1.13 First Time Passport Card $30 $30 $30.00 $30

1.14 First Time Passport Book & Card $160 $160 $160.00 $160

1.15 Passport Card only $30 $30 $30.00 $30

1.16 Passport Acceptance Fee (Adult / Minor) $35 $35 $35.00 $35 Adult Renewal Fees^:

1.17 Passport Book $130 $130 $130.00 $130

1.18 Passport Card only $30 $30 $30.00 $30

1.19 Passport Book & Card $160 $160 $160.00 $160
Minor Application Fee^:

1.20 Minor Passport Book $100 $100 $100.00 $100

1.21 Minor Passport Card $15 $15 $15.00 $15

1.22 Minor Passport Book & Card $115 $115 $115.00 $115

2. FINANCE

2.01 New Business Registration $65 $76 $78.19 $76

2.02 Renewal Business Registration $35 $57 $58.64 $57

2.03 Late Payment Renewal Business Registration Penalty Penalty $57.61 $56

2.04 Business Registration Change of Name $5 $19 $19.55 $19

2.05 Business Registration Change of Physical Address $5 $38 $39.09 $38

2.06 Business Registration Change of Mailing Address $5 $6 $6.17 $6

2.07 Duplicate Business License $5 $6 $6.17 $6

2.08 Reinstatement of Business License Penalty Penalty Penalty Penalty

2.09 Single Day Event Business License $5 $19 $19.55 $19 Returned Check Processing^

2.10 1st Check $25 $25 $25.72 $25

2.11 Subsequent Checks $35 $35 $36.01 $35
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
1 of 27
Item Title: 11.2
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

3. COMMUNITY SERVICES
Facility Rentals
Small - Up to 20 capacity

3.01 Deposit $50 $50 $51.44 $50

3.02 Non-Resident $40 $126 $41.15 $40

3.03 Resident $20 $126 $20.58 $20

3.04 Resident Non-Profit (Youth Sports and Others) $20 $126 $20.58 $20

3.05 City Sponsored $0 $126 $0.00 $0
Medium - Up to 50 capacity

3.06 Deposit $100 $100 $102.88 $100

3.07 Non-Resident $50 $132 $51.44 $50

3.08 Resident $25 $132 $25.72 $25

3.09 Resident Non-Profit (Youth Sports and Others) $25 $132 $25.72 $25

3.10 City Sponsored $0 $132 $0.00 $0
Large - Up to 150 capacity

3.11 Deposit $200 $200 $205.76 $200

3.12 Non-Resident $70 $226 $82.30 $80

3.13 Resident $40 $226 $41.15 $40

3.14 Resident Non-Profit (Youth Sports and Others) $40 $226 $41.15 $40

3.15 City Sponsored $0 $226 $0.00 $0
Kitchen

3.16 Deposit $100 $100 $102.88 $100

3.17 Kitchen Rental $100 $100 $102.88 $100

3.18 Alcohol Use $200 $200 $205.76 $200

3.19 Additional City Staff as Needed $74 $76.55 $74
Other Rentals

3.70 Palm Room Lighting (Per Event) (Resident) N/A $25 $25.00

3.71 Palm Room Lighting (Per Event)(Non-Resident) N/A $50 $50.00 Picnic Rentals
Picnic Shelter - Small

3.20 Non-Resident $20 $42 $20.58 $20

3.21 Resident $10 $42 $10.29 $10

3.22 Resident Non-Profit (Youth Sports and Others) $10 $42 $10.29 $10

3.23 City Sponsored $0 $42 $0.00 $0
Picnic Shelter - Large

3.24 Non-Resident $25 $42 $30.86 $30

3.25 Resident $15 $42 $15.43 $15

3.26 Resident Non-Profit (Youth Sports and Others) $15 $42 $15.43 $15

3.27 City Sponsored $0 $42 $0.00 $0

3.28 Rental with Jumper / Food Vendor $0 $52 $25.72 $25 2 of 27 Item Title: 11.2
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
Field Rentals
One-Time Rentals
Ballfield or Multi-Purpose Field

3.29 Deposit $50 $50 $51.44 $50

3.30 Non-Resident $20 $25 $20.58 $20

3.31 Resident $10 $25 $10.29 $10

3.32 Resident Non-Profit (Youth Sports and Others) $10 $25 $10.29 $10

3.33 City Sponsored $0 $25 $0.00 $0
Field Lights

3.34 Non-Resident $20 $15 $20.58 $20

3.35 Resident $10 $15 $10.29 $10

3.36 Resident Non-Profit (Youth Sports and Others) $10 $15 $10.29 $10

3.37 City Sponsored $0 $15 $0.00 $0

3.38 Snack Bar New $50 $51.44 $50
Leagues or Multiple Rentals
Ballfield or Multi-Purpose Field

3.39 Deposit $50 $50 $51.44 $50

3.40 Non-Resident $20 $25 $25.83 $25

3.41 Resident $10 $25 $13.37 $13

3.42 Resident Non-Profit (Youth Sports and Others) $10 $25 $12.92 $13

3.43 City Sponsored $0 $25 $0.00 $0
Other Field

3.68 Sport Field Striping (Per Field) (Resident) N/A $15 $15.00

3.69 Sport Field Striping (Per Field) (Non-Resident) N/A $20 $20.00 Park Rentals for Private Events (Central, Centennial, La Ladera, Audie

3.44 Park Special Events Application $0 $157 $51.44 $50 100-249 Attendees

3.45 Deposit $0 $50 $51.44 $50

3.46 Non-Resident $0 $231 $97.73 $95

3.47 Resident $0 $231 $49.38 $48

3.48 Resident Non-Profit (Youth Sports and Others) $0 $231 $48.87 $48

3.49 City Sponsored $0 $231 $0.00 $0
250-499 Attendees

3.50 Deposit $0 $100 $102.88 $100

3.51 Non-Resident $0 $401 $174.89 $170

3.52 Resident $0 $401 $87.45 $85

3.53 Resident Non-Profit (Youth Sports and Others) $0 $401 $87.45 $85

3.54 City Sponsored $0 $401 $0.00 $0
500-999 Attendees (Central Park Only)

3.55 Deposit $0 $150 $154.32 $150 3 of 27
Item Title: 11.2
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

3.56 Non-Resident $0 $572 $277.77 $270

3.57 Resident $0 $572 $138.89 $135

3.58 Resident Non-Profit (Youth Sports and Others) $0 $572 $138.89 $135

3.59 City Sponsored $0 $572 $0.00 $0
1,000+ Attendees (Central Park Only)

3.60 Deposit $0 $300 $308.63 $300

3.61 Non-Resident $0 $743 $360.07 $350

3.62 Resident $0 $743 $180.04 $175

3.63 Resident Non-Profit (Youth Sports and Others) $0 $743 $180.04 $175

3.64 City Sponsored $0 $743 $0.00 $0
Miscellaneous Fees:

3.65 Administrative Processing Fee - Rental Cancellation New $12 $12.35 $12

3.66 Residential Self-Haul Permit Application New $101 $103.91 $101

3.67 Residential Self-Haul Permit Renewal New $33 $33.95 $33 Programmatic / Sport / Afterschool Fees - See Activity Guide for most up to dates rates

4. CODE ENFORCEMENT

4.01 Vacant Lot Weed Abatement $126 $438 $450.61 $438

4.02 Weed Abatement Appeal to City Council $655 $665 $684.14 $665

4.03 Foreclosed Property Registration/Inspection $75 $126 $129.63 $126

4.04 Each inspection after 1st inspection $35 $126 $129.63 $126

4.05 Summary Abatement Actual Costs Actual Costs Actual Costs

4.06 Notice of Pendency $25 $124 $127.57 $124

4.07 Graffiti Removal Actual Costs Actual Costs Actual Costs

4.08 Hourly Rate $111 $188 $193.41 $188

5. POLICE
Police Reports

5.01 Per Report (Crimes, Collisions, and CAD Printouts) $18 $39 $18.52 $18 Media Duplication

5.02 Flash Drive, CD, DVD, or Email regardless of volume $20 $374 $20.58 $20 Clearance Letters

5.03 Police Clearance $20 $28 $25.00 $20
Citation Sign Offs

5.04 Menifee PD Citation $15 $38 $20.00 $0

5.05 Outside Agency Citation $15 $38 $20.00 $15
Concealed Weapons Permit

5.06 Initial Application Processing $100 $535 $102.88 $100

5.07 Renewals $25 $535 $25.72 $25

5.08 Updates $10 $535 $10.29 $10
Livescan

5.09 Rolling Fee $25 $34 $25.72 $25 4 of 27
Item Title: 11.2
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

5.10 FBI Processing Fee^ State Regulated State Regulated

5.11 DOJ Processing Fee^ State Regulated State Regulated

5.12 CACI (Child Abuse Index Fee)^ State Regulated State Regulated

5.13 Firearms Fee^ State Regulated State Regulated
Vehicle Identification Number (VIN)

5.14 VIN Verification Charge (Individuals Only) $25 $34 $30.00 $25 Stored or Impounded Vehicles

5.15 Vehicle Release (Stored) $100 $201 $150.00 $100

5.16 Vehicle Release (Impounded or DUI) $150 $201 $200.00 $150

5.17 Abandoned $100 $201 $150.00 $100
Vehicle Repossession

5.18 Vehicle Repossession Fee $15 $15 $15.43 $15
Subpoenas

5.19 Admin Fee per Subpoena $15 $15 $15.43 $15

5.20 Witness Fee $275 $275 $282.91 $275
DUI Emergency Response^

5.21 Emergency Response to DUI Investigations Actual Costs up to $12,000 Actual Costs up to $12,000 Actual Costs up to $12,000
Noise Ordinance

5.22 1st Response

5.23 2nd Response Actual Costs $150 $154.32 $150

5.24 3rd Response Actual Costs $500 $514.39 $500

5.25 4th Response Actual Costs $1,000 $1,028.78 $1,000

5.26 5th+ Response Actual Costs $2,500 $2,571.95 $2,500 Sworn Personnel Services
Special Events, 4 Hour Minimum

5.27 Lieutenant – per hour Actual Costs $217 $223.25 $217

5.28 Sergeant – per hour Actual Costs $194 $199.58 $194

5.29 Officer – per hour Actual Costs $167 $171.81 $167

5.30 Community Service Officer – per hour Actual Costs $153 $157.40 $153

6. FIRE
Fire Sprinkler Systems*
New 13, 13R Fire Sprinkler System - Up to 250 sprinkler heads

6.01 Plan Check New $233 $240.10 $233

6.02 Inspection New $221 $227.11 $221
New 13, 13R Fire Sprinkler System - 251 to 500 sprinkler heads

6.03 Plan Check $336 $350 $360.15 $350

6.04 Inspection New $331 $340.67 $331
New 13, 13R Fire Sprinkler System - 500+ sprinkler heads

6.05 Plan Check $673 $700 $720.30 $700 5 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 14

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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

6.06 Inspection New $662 $681.34 $662

6.07 Inspection - Per Sprinkler Head $9 $9 $9.08 $9
New 13D Residential Fire Sprinkler System (Base fee Per Model)

6.08 Plan Check $336 $350 $360.15 $350

6.09 Inspection New $221 $227.11 $221

6.10 Inspection - Per Sprinkler Head $9 $9 $9.08 $9
New 13D Residential Fire Sprinkler System - Low Pressure Tract (Per

6.11 Plan Check New $233 $239.71 $233

6.12 Inspection New $221 $227.11 $221

6.13 Inspection - Per Sprinkler Head New $9 $9.08 $9
TI 13, 13R Fire Sprinkler System

6.14 Plan Check $504 $350 $360.15 $350

6.15 Inspection New $221 $227.11 $221

6.16 Inspection - Per Sprinkler Head $9 $9 $9.08 $9
TI 13D Residential Fire Sprinkler System

6.17 Plan Check $238 $233 $240.10 $233

6.18 Inspection New $221 $227.11 $221

6.19 Inspection - Per Sprinkler Head $9 $9 $9.08 $9
Water System Permits*
New Underground Fire Line

6.20 Plan Check $336 $467 $408.17 $397

6.21 Inspection $392 $662 $579.14 $563
Fire Pump (Per Pump)

6.22 Plan Check $617 $642 $660.28 $642

6.23 Inspection $897 $883 $908.45 $883
Emergency Underground Fire Line Repair

6.24 Plan Check $336 $350 $360.15 $350

6.25 Inspection $617 $607 $624.56 $607

6.26 Fire Hydrant/Water Flow Witness New $221 $227.11 $221 Above Ground Tank (Temporary Water Supply/Construction)

6.27 Plan Check $336 $350 $360.15 $350

6.28 Inspection $336 $331 $340.67 $331
Fire Alarm*
New Alarm System

6.29 Plan Check $673 $700 $720.30 $700

6.30 Inspection New $442 $454.22 $442

6.31 Inspection - Each Device $9 $9 $9.08 $9
TI Fire Alarm System

6.32 Plan Check $504 $525 $540.23 $525

6.33 Inspection New $221 $227.11 $221 6 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 15

Menifee Mayor and City Council
May 15, 2024
Page
1126 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

6.34 Inspection - Each Device $9 $9 $9.08 $9
FACP Modification

6.35 Plan Check New $233 $240.10 $233

6.36 Inspection New $221 $227.11 $221
Water Flow (Monitoring) Alarm System Only

6.37 Plan Check $224 $233 $240.10 $233

6.38 Inspection $224 $221 $227.11 $221
Fire Protection Systems*
Special Extinguishing Systems (FM200, Dry Chem, Spray Mist, etc.)

6.39 Plan Check $561 $583 $600.25 $583

6.40 Inspection $336 $331 $340.67 $331
Smoke Control System-Rationale, Analysis and Plan Review

6.41 Plan Check $1,345 $1,400 $1,440.61 $1,400

6.42 Inspection $1,233 $1,325 $1,362.67 $1,325
Other Systems*
Hood & Duct Automatic Extinguishing System (Per system)

6.43 Plan Check $224 $233 $240.10 $233

6.44 Inspection $336 $331 $340.67 $331
Ovens, Industrial baking or drying, furnace or kiln Special Equipment

6.45 Plan Check $170 $175 $180.08 $175

6.46 Inspection $245 $221 $227.11 $221
Dust Collection Special Equipment (Per system)

6.47 Plan Check $224 $350 $306.13 $298

6.48 Inspection $245 $331 $289.57 $281
Solar Photovoltaic System Plan Check and Inspection

6.49 Plan Check $224 $233 $240.10 $233

6.50 Inspection New $221 $227.11 $221
Refrigeration System

6.51 Plan Check $224 $233 $240.10 $233

6.52 Inspection $224 $331 $289.57 $281
Spray Booths (Per Booth/System)

6.53 Plan Check $224 $350 $306.13 $298

6.54 Inspection $383 $386 $397.45 $386
Liquified Petroleum Gases (LPG) Special System (Per System)

6.55 Plan Check $336 $350 $360.15 $350

6.56 Inspection $450 $442 $454.22 $442
Gas Systems (Med Gas, Industrial Gas, LPG) (Per System)

6.57 Plan Check $336 $350 $360.15 $350

6.58 Inspection $392 $386 $397.45 $386
Emergency Responder Radio Coverage (Per System) 7 of 27 Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 16

Menifee Mayor and City Council
May 15, 2024
Page
1127 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

6.59 Plan Check $224 $233 $240.10 $233

6.60 Inspection $448 $221 $227.11 $221
Generator - Cell Sites (Per Gen/Site)

6.61 Plan Check $573 $350 $360.07 $350

6.62 Inspection $452 $221 $227.11 $221
Generator

6.63 Plan Check New $350 $360.15 $350

6.64 Inspection New $221 $227.11 $221
Battery Systems - Residential

6.65 Plan Check $573 $350 $360.07 $350

6.66 Inspection $112 $221 $227.11 $221
Battery Systems - Commercial

6.67 Plan Check $573 $583 $599.78 $583

6.68 Inspection $112 $221 $193.05 $188
Battery Systems Facilities

6.69 Plan Check New $934 $960.40 $934

6.70 Inspection New $773 $794.89 $773
CO2 System

6.71 Plan Check New $233 $239.71 $233

6.72 Inspection New $221 $227.36 $221
Hazardous Materials*
Chemical Classification Disclosure Review <10 Chemicals

6.73 Plan Check $336 $350 $360.15 $350

6.74 Inspection $224 $221 $227.11 $221
Chemical Classification Disclosure Review 10-25 Chemicals

6.75 Plan Check $448 $467 $480.20 $467

6.76 Inspection $336 $331 $340.67 $331
Chemical Classification Disclosure Review 26-100 Chemicals

6.77 Plan Check $765 $817 $840.35 $817

6.78 Inspection $478 $442 $454.22 $442
Chemical Classification Disclosure Review >100 Chemicals

6.79 Plan Check $1,051 $1,109 $1,140.48 $1,109

6.80 Inspection $668 $662 $681.34 $662
High Piled Storage*
High Piled Combustible Storage Up to 12,000 square feet

6.81 Plan Check $448 $467 $480.20 $467

6.82 Inspection $336 $331 $340.67 $331
High Piled Combustible Storage 12,001-50,000 square feet

6.83 Plan Check $673 $700 $720.30 $700

6.84 Inspection $448 $442 $454.22 $442 8 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 17

Menifee Mayor and City Council
May 15, 2024
Page
1128 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
High Piled Combustible Storage 50,001-100,000 square feet

6.85 Plan Check $785 $817 $840.35 $817

6.86 Inspection $673 $662 $681.34 $662
High Piled Combustible Storage >100,000 square feet

6.87 Plan Check $1,009 $1,050 $1,080.45 $1,050

6.88 Inspection $785 $773 $794.89 $773
Access and Water Supply*
Access and Water Supply Only - Commercial Construction Inspection

6.89 Plan Check $224 $233 $240.10 $233

6.90 Inspection $336 $221 $227.11 $221
Access and Water Supply Only - Residential Construction Inspection

6.91 One Lot $186 $166 $170.33 $166

6.92 Each Additional Lot $38 $33 $34.07 $33
Fire Lane Plan Check and Inspection

6.93 Plan Check New $117 $120.05 $117

6.94 Inspection New $110 $113.56 $110

6.95 Fuel Modification Inspection New $221 $227.11 $221 Tanks*
Underground Storage Tanks Install or Removal

6.96 Plan Check $224 $233 $240.10 $233

6.97 Inspection $224 $221 $227.11 $221
Aboveground Storage Tank Install or Removal

6.98 Plan Check $224 $233 $240.10 $233

6.99 Inspection $224 $221 $227.11 $221
Alterations to Gas Stations (No tank alterations)

6.10 Plan Check $224 $233 $240.10 $233

6.10 Inspection $224 $221 $227.11 $221
Other Fees

6.10 Work without Approval or Permit $336 $331 $340.67 $331

6.10 Fire Stand-by $224 $221 $227.11 $221
Alternative Materials and Methods (4 hour minimum, hourly thereafter)

6.10 Plan Check $897 $700 $720.30 $700

6.11 Inspection New $221 $227.11 $221

6.11 Consultant Fire Plan Review Actual Costs Actual Costs

6.11 3rd Review and subsequent submittals $336 $233 $240.10 $233

6.11 Expedited/Overtime Plan Review $336 $350 $360.15 $350

6.11 Over the Counter/Misc. Revisions Plan Review $168 $175 $180.08 $175 Drilling / Blasting Permit - Initial (min. 2 hrs)

6.11 Plan Check New $233 $240.10 $233

6.11 Inspection New $221 $227.11 $221 9 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 18

Menifee Mayor and City Council
May 15, 2024
Page
1129 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
Renewable Permit Fees (Issued at Annual Fire-Life Safety Inspection

6.11 Aerosol Products (Level 2 & 3) $85 $110 $96.52 $94

6.11 Amusement Building $287 $166 $170.33 $166

6.11 Aviation Facilities New $221 $227.11 $221

6.12 Cellulose Nitrate Storage $85 $110 $96.52 $94

6.12 Combustible Dust Producing Operations $119 $110 $113.56 $110

6.12 Combustible Fiber Storage $191 $166 $170.33 $166

6.12 Compressed Gases $191 $221 $227.11 $221

6.12 Covered and open mall buildings $280 $276 $283.89 $276

6.12 Cryogenic Fluids $191 $221 $227.11 $221

6.12 Cutting and Welding $95 $110 $113.56 $110

6.12 Dry Cleaning $287 $221 $227.11 $221

6.12 Exhibits and Trade Shows New $221 $227.11 $221

6.12 Explosives $450 $442 $454.22 $442

6.13 Fire Hydrants and Valves $287 $110 $113.56 $110

6.13 Flammable and Comustible Liquids $142 $166 $170.33 $166

6.13 Floor Finishing New $110 $113.56 $110

6.13 Fruit and Crop Ripening New $110 $113.56 $110

6.13 Fumigation and Insecticidial Fogging New $110 $113.56 $110

6.13 Hazardous Materials $191 $221 $227.11 $221

6.13 HPM Facilites New $166 $170.33 $166

6.13 High Piled Combustible Storage <12,000 Square Feet $191 $166 $170.33 $166

6.13 High Piled Combustible Storage 12,001-50,000 Square Feet $478 $442 $454.22 $442

6.13 High Piled Combustible Storage >100,000 Square Feet $765 $773 $794.89 $773

6.14 Hot Work Operation New $110 $113.56 $110

6.14 Industrial Ovens $119 $110 $113.56 $110

6.14 Lumber Yard/Woodworking Plants $253 $221 $227.11 $221

6.14 Liquid or gas-fueled vehicles or equipment in assembly buildings $191 $110 $113.56 $110

6.14 LP-gas $95 $166 $170.33 $166

6.14 Magnesium $95 $110 $113.56 $110

6.14 Miscellaneous Combustible Storage $191 $221 $227.11 $221

6.14 Mobile Food Preparation Vehicles New $110 $113.56 $110

6.14 Motor Fuel Dispensing Facilities $119 $166 $170.33 $166

6.14 Open Burning New $110 $113.56 $110

6.15 Open Flames and Torches $85 $110 $96.52 $94

6.15 Open Flames and Candles $85 $110 $96.52 $94

6.15 Organic Coatings New $166 $170.33 $166

6.15 Outdoor Assembly Events (see special events) 10 of 27 Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 19

Menifee Mayor and City Council
May 15, 2024
Page
1130 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

6.15 Places of Assembly $85 $166 $144.78 $141

6.15 Plant Extraction Systems New $221 $227.11 $221

6.15 Private Fire Hydrant New $110 $113.56 $110

6.15 Pyrotechnic special effects material (see explosives)

6.15 Proxylin Plastics New $110 $113.56 $110

6.15 Refrigeration Equipment $191 $221 $227.11 $221

6.16 Repair Garages and Motor Fuel- Dispensing Facilities $238 $386 $337.83 $328

6.16 Rooftop Heliports New $166 $170.33 $166

6.16 Spraying or Dipping Operations $85 $110 $96.52 $94

6.16 Storage of scrap tires and tire byproducts $119 $110 $113.56 $110

6.16 Temporary membrane structures and tents (see special events)

6.16 Tire-Rebuilding Plants $119 $110 $113.56 $110

6.16 Waste Handling New $166 $170.33 $166

6.16 Wood Products $119 $147 $151.41 $147

6.16 CO2 Dispensing System New $92 $94.63 $92

6.16 CO2 Enrichment New $110 $113.56 $110

6.17 Gas Detection New $221 $227.11 $221

6.17 Energy Storage Systems New $331 $340.67 $331
Special Events*
Special Event Permit

6.17 Plan Check New $175 $180.08 $175

6.17 Inspection $224 $221 $227.11 $221
Special Event Permit - With tents and or canopies > 400 square feet

6.17 Plan Check New $233 $240.10 $233

6.17 Inspection $336 $331 $340.67 $331

6.17 Carnivals and Fairs $316 $331 $340.67 $331

6.17 Fireworks Displays $415 $442 $454.22 $442

6.17 Film Making New $442 $454.22 $442
Annual Life Safety Inspections - All Occupancies other than R*

6.17 <3,600 Square Feet Varies $221 $227.11 $221

6.18 3,600 - 25,000 Square Feet Varies $386 $397.45 $386

6.18 25,000 - 50,000 Square Feet Varies $552 $567.78 $552

6.18 50,001 - 350,000 Square Feet Varies $607 $624.56 $607

6.18 >350,000 Square Feet Varies $1,159 $1,192.34 $1,159 Fire Life-Safety Inspections (Post-Development)

6.18 Fire annual Inspection (includes one re-inspection) New $221 $227.11 $221

6.18 2nd re-inspection New $442 $454.22 $442

6.18 3rd and subsequent re-inspections New $662 $681.34 $662

6.18 Fire Watch Inspection (Per Hour) New $221 $227.11 $221 R-1 Occupancies i.e. Hotels, Motels* 11 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 20

Menifee Mayor and City Council
May 15, 2024
Page
1131 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

6.18 <25 units $617 $607 $624.56 $607

6.18 26-50 units $729 $717 $738.12 $717

6.19 51-75 units $897 $883 $908.45 $883

6.19 76-100 units $1,009 $993 $1,022.01 $993

6.19 >100 units $1,177 $1,159 $1,192.34 $1,159
R-2 (Apartment, Residential Permanent 3+)*

6.19 3-16 units New $331 $340.67 $331

6.19 17-25 units New $552 $567.78 $552

6.19 26-50 units New $717 $738.12 $717

6.19 51-75 units New $883 $908.45 $883

6.19 76-100 units New $993 $1,022.01 $993

6.19 >100 units New $1,159 $1,192.34 $1,159

6.19 Per additional 10 units New $37 $37.85 $37
R-2.1/R-4 Occupancies

6.20 Care Facility Residential State Licenses-6 or less Re-Inspection Fee $224 $221 $227.11 $221

6.20 Care Facility Commercial 0-50 State Licensed $392 $386 $397.45 $386

6.20 Care Facility Commercial 51-99 State Licensed $504 $497 $511.00 $497

6.20 Care Facility Commercial 100-150 State Licensed $617 $607 $624.56 $607

6.20 Care Facility Commercial ≥151 State Licensed $785 $773 $794.89 $773 Day Care Facilities Residential 8-14 Fire Clearance

6.20 Plan Check $504 $525 $540.23 $525

6.20 Inspection $224 $221 $227.11 $221

6.20 Day Care Facility Commercial 0-50 $168 $166 $170.33 $166

6.20 Day Care Facility Commercial 51-100 $224 $221 $227.11 $221

6.20 Day Care Facility Commercial 101-150 $336 $331 $340.67 $331

6.21 Day Care Facility Commercial >150 $392 $386 $397.45 $386

6.21 2nd re-inspection fee (after initial and first inspection) $336 $331 $340.67 $331

6.21 2nd re-inspection penalty $448 $442 $462.95 $450

6.21 3rd plus re-inspection penalty $561 $552 $617.27 $600 Hourly Rates

6.21 Inspection $224 $221 $227.11 $221

6.21 Plan Review $224 $233 $240.10 $233

6.21 Supplemental inspection fee (Per 1 hour or portion thereof) $224 $221 $227.11 $221

6.21 Supplemental plan review (Per 1 hour or portion thereof) $224 $233 $240.10 $233

6.21 After Hours or emergency Call-Out (2hr. Minimum = $448) $224 $221 $227.11 $221

6.21 Other-Construction re-inspection fee $224 $221 $227.11 $221 Other Fees

6.22 Certificate of Occupancy Inspection New $166 $170.33 $166 Commercial Emergency Evacuation Plan

6.22 Plan Check New $350 $360.15 $350 12 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 21

Menifee Mayor and City Council
May 15, 2024
Page
1132 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

6.22 Inspection New $221 $227.11 $221

6.22 Lost Job Card Fee New $19 $19.55 $19

6.22 Defensible Space Inspections New $221 $227.11 $221

6.22 Non-Compliance Fee/Complaint Investigation New Actual Cost Actual Cost Actual Cost Surcharges

6.22 Technology Surcharge Fee 0% 5.7% 5.7% 5.7%

7. BUILDING
Building Permit Fees

7.01 Permit Issuance $27 $78 $56.23 $55

7.02 Demolition* $140 $378 $272.22 $265

7.03 Wall/Fence, City Standard* $93 $82 $84.54 $82

7.04 Wall/Fence, Non-City Standard* $133 $164 $169.09 $164

7.05 Deck/Patio, City Standard* $93 $110 $112.73 $110

7.06 Deck/Patio, Non-City Standard* $133 $164 $169.09 $164

7.07 Swimming Pool/In-Ground Spa* $467 $532 $547.43 $532 Reroof*

7.08 Residential $98 $110 $112.73 $110

7.09 Commercial $98 $164 $118.36 $115
Windows / Doors*

7.10 Up to 5 windows / doors New $82 $84.54 $82

7.11 Each additional 5 windows / doors New $27 $28.18 $27 Other Fees:

7.12 Residential Accessory Structures (Up to 500 s.f. - including Garages)* New $823 $846.69 $823

7.13 Accessory / Additional Dwelling Unit (ADU)+*(1) New $2,622 $2,697.46 $2,622

7.14 Kitchen and / or Bath Remodel* New $566 $581.86 $566

7.15 Duplicate Inspection Card $21 $13 $13.39 $13

7.16 Duplicate Certificate of Occupancy $21 $78 $56.23 $55

7.17 Misc. Permit $98 $164 $143.73 $140

7.18 Inspections not specified $98 $164 $143.73 $140

7.19 Re-inspections $98 $164 $143.73 $140

7.20 After Hours Inspections (4 hours minimum) $118 $190 $166.39 $162

7.991 Building Permit Refund Processing Fee N/A
SMIP Fee^

7.21 1-3 Story Residential Buildings $13 $13 $13.00 $13

7.22 Commercial and Over 3 Story Residential Buildings $28 $28 $28.00 $28

7.23 California State Building Standards Administration Special Revolving Fund $1 $1 $1.00 $1 Surcharges

7.24 General Plan Maintenance Fee 5% 9% 9% 9%

7.25 Technology Surcharge Fee 0% 5.7% 5.7% 5.7%
Plan Check Fee*
Fee will be based per policy established by Building Code 109.6 13 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 22

Menifee Mayor and City Council
May 15, 2024
Page
1133 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

7.26 Single Family Residential 65% 65% 65% 65%

7.27 Multi-Family / Commercial / Industrial 65% 85% 85% 85% Single Family Residential - Inspection+*

7.28 $1 to $500 $383.50 $394.54 $383.50
$501 to $2,000

7.29 First $500 $383.50 $394.54 $383.50

7.30 Each additional $100 or fraction thereof $42.92 $44.15 $42.92 $2,001 to $25,000

7.31 First $2,000 $1,027.24 $1,056.81 $1,027.24

7.32 Each additional $1,000 or fraction thereof $19.65 $20.22 $19.65 $25,001 to $50,000

7.33 First $25,000 $1,479.23 $1,521.80 $1,479.23

7.34 Each additional $1,000 or fraction thereof $36.71 $37.76 $36.71 $50,001 to $100,000

7.35 First $50,000 $2,396.90 $2,465.88 $2,396.90

7.36 Each additional $1,000 or fraction thereof $28.76 $29.59 $28.76 $100,001 to $500,000

7.37 First $100,000 $3,835.04 $3,945.41 $3,835.04

7.38 Each additional $1,000 or fraction thereof $7.53 $7.75 $7.53 $500,001 to $1,000,000

7.39 First $500,000 $6,848.28 $7,045.37 $6,848.28

7.40 Each additional $1,000 or fraction thereof $8.90 $9.16 $8.90 $1,000,001 +

7.41 First $1,000,000 $11,299.66 $11,624.87 $11,299.66

7.42 Each additional $1,000 or fraction thereof $4.45 $4.58 $4.45 Commercial / Multi-Family / Industrial - Inspection +*

7.43 $1 to $500 $383.50 $394.54 $383.50
$501 to $2,000

7.44 First $500 $383.50 $394.54 $383.50

7.45 Each additional $100 or fraction thereof $52.05 $53.54 $52.05 $2,001 to $25,000

7.46 First $2,000 $1,164.21 $1,197.71 $1,164.21

7.47 Each additional $1,000 or fraction thereof $38.71 $39.82 $38.71 $25,001 to $50,000

7.48 First $25,000 $2,054.48 $2,113.61 $2,054.48

7.49 Each additional $1,000 or fraction thereof $32.87 $33.82 $32.87 $50,001 to $100,000

7.50 First $50,000 $2,876.28 $2,959.06 $2,876.28

7.51 Each additional $1,000 or fraction thereof $41.09 $42.27 $41.09 $100,001 to $500,000 14 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 23

Menifee Mayor and City Council
May 15, 2024
Page
1134 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

7.52 First $100,000 $4,930.76 $5,072.67 $4,930.76

7.53 Each additional $1,000 or fraction thereof $8.22 $8.45 $8.22 $500,001 to $1,000,000

7.54 First $500,000 $8,217.94 $8,454.45 $8,217.94

7.55 Each additional $1,000 or fraction thereof $10.68 $10.99 $10.68 $1,000,001 to $5,000,000

7.56 First $1,000,000 $13,559.59 $13,949.84 $13,559.59

7.57 Each additional $1,000 or fraction thereof $3.80 $3.91 $3.80 $5,000,001 to $10,000,000

7.58 First $5,000,000 $28,762.77 $29,590.57 $28,762.77

7.59 Each additional $1,000 or fraction thereof $10.68 $10.99 $10.68 $10,000,001 +

7.60 First $10,000,000 $82,179.36 $84,544.48 $82,179.36

7.61 Each additional $1,000 or fraction thereof $5.34 $5.50 $5.34

7.62 Repeat Tract Home 65% 65% 65%
Electrical Permit Fees

7.63 Permit Issuance $27 $78 $56.23 $55

7.64 Residential Appliance, up to 1 HP* $116 $82 $84.54 $82

7.65 Non-Residential Appliances, up to 1 HP* $116 $82 $84.54 $82

7.66 Power Apparatus, less than 100 HP, KW, KVA, or KVAR* $150 $82 $84.54 $82

7.67 Power Apparatus, 100+ HP, KW, KVA, or KVAR* $183 $82 $84.54 $82

7.68 Temporary Power Pole* $67 $82 $84.54 $82
Services, Switchboards, Control Centers, & Panels*

7.69 Up to 400 amps for Single Family Residence $116 $82 $84.54 $82

7.70 Up to 400 amps for Non-Single Family Residence $183 $82 $84.54 $82

7.71 400+ amps $283 $164 $169.09 $164

7.72 Receptacle, Switch, Outlet, & Fixture, first* $116 $68 $70.45 $68

7.73 Receptacle, Switch, Outlet, & Fixture, each additional $5 $3 $2.82 $3

7.74 Pole or Platform Mounted Fixtures, first* $183 $68 $70.45 $68

7.75 Pole or Platform Mounted Fixtures, each additional $5 $3 $2.82 $3

7.76 Swimming Pool/In-Ground Spa* $467 $164 $169.09 $164

7.77 Meter Reset* $116 $82 $84.54 $82

7.78 Misc. Permit, Flat Fee, or Hourly as determined by staff $98 $164 $143.73 $140

7.79 Inspections not specified $98 $164 $143.73 $140

7.80 Re-inspections $98 $164 $143.73 $140

7.81 After Hours Inspections (4 hours minimum) $118 $190 $166.39 $162 Mechanical Permit Fees

7.82 Permit Issuance $27 $78 $56.23 $55

7.83 Forced-Air or Gravity-Type Furnace or Burner* $149 $110 $112.73 $110

7.84 Suspended/Recessed Wall/Floor Mounted Heater* $133 $82 $84.54 $82 15 of 27 Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 24

Menifee Mayor and City Council
May 15, 2024
Page
1135 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
Air-Handling/Condensing Unit*

7.85 Single Family Residence $133 $82 $84.54 $82

7.86 Non-Single Family Residence $183 $110 $112.73 $110

7.87 Hood served by Mechanical Exhaust* $219 $110 $112.73 $110

7.88 Boilers, Compressors, and Absorption Systems* $183 $110 $112.73 $110

7.89 Misc. Permit, Flat Fee, or Hourly as determined by staff $98 $164 $143.73 $140

7.90 Inspections not specified $98 $164 $143.73 $140

7.91 Re-inspections $98 $164 $143.73 $140

7.92 After Hours Inspections (4 hours minimum) $118 $190 $166.39 $162 Plumbing Permit Fees

7.93 Permit Issuance $27 $78 $56.23 $55

7.94 Plumbing Fixtures and Vents, fixtures 1-3 (total cost)* $116 $68 $70.45 $68

7.95 Plumbing Fixtures and Vents, each additional fixture $5 $3 $2.82 $3

7.96 Grease Interceptor* $116 $27 $28.18 $27

7.97 Gas System* $116 $110 $112.73 $110
Piping/Re-piping

7.98 Single Family Residential* $163 $82 $84.54 $82

7.99 Multi-Family Residential, first dwelling unit* $70 $82 $84.54 $82

7.10 Multi-Family Residential, each additional unit $23 $14 $14.09 $14

7.10 Water Heater* $83 $82 $84.54 $82

7.10 Tankless Water Heater* $83 $208 $149.88 $146

7.10 Solar Water Heating System* $133 $164 $169.09 $164

7.10 Sewer / Septic* $150 $82 $84.54 $82

7.11 Misc. Permit, Flat Fee, or Hourly as determined by staff $98 $164 $143.73 $140

7.11 Inspections not specified $98 $164 $143.73 $140

7.11 Re-inspections $98 $164 $143.73 $140

7.11 After Hours Inspections (4 hours minimum) $118 $190 $166.39 $162 Solar Permit Fees (State Fees)^*

7.11 Residential - up to 15kw $252 $450 $393.51 $383

7.11 Each additional kw New $15 $15.00 $15

7.11 Commercial - up to 50kw $252 $1,000 $720.15 $700

7.11 Commercial - 51-250kw - per kw New $7 $7.00 $7

7.11 Commercial - 250kw+ - per kw New $5 $5.00 $5
Planning Support - Building Plan Check*

7.11 New Construction New $900 $925.90 $900

7.12 Tenant Improvements / Remodels New $375 $385.79 $375 Engineering Support - Building Plan Check*

7.12 New Single Family Residence New $1,149 $1,182.07 $1,149

7.12 New Commercial Office New $766 $788.05 $766

7.12 New Multi-Family Residence New $1,149 $1,182.07 $1,149 16 of 27 Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 25

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May 15, 2024
Page
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

7.12 All Other Projects New $300 $308.63 $300
Fire Support - Building Plan Check and Inspection*
Development Plan Check and Inspections (Residential-New and 0-1,999 Square Feet

7.12 Plan Check $224 $233 $240.10 $233

7.12 Inspection $224 $221 $227.11 $221
2,000-4,999 Square Feet

7.12 Plan Check $258 $292 $300.13 $292

7.12 Inspection $258 $276 $283.89 $276
5,000-9,999 Square Feet

7.12 Plan Check $336 $350 $360.15 $350

7.13 Inspection $336 $331 $340.67 $331
10,000-24,999 Square Feet

7.13 Plan Check $392 $408 $420.18 $408

7.13 Inspection $392 $386 $397.45 $386
25,000-49,999 Square Feet

7.13 Plan Check $504 $525 $540.23 $525

7.13 Inspection $504 $497 $511.00 $497
50,000-100,000 Square Feet

7.13 Plan Check $617 $642 $660.28 $642

7.13 Inspection $617 $607 $624.56 $607
>100,000 Square Feet

7.13 Plan Check $765 $817 $840.35 $817

7.13 Inspection $785 $773 $794.89 $773
Hazardous Use by Square Footage (New Construction or added space 0-1,999 Square Feet

7.13 Plan Check $238 $233 $240.10 $233

7.14 Inspection $238 $221 $227.11 $221
2,000-4,999 Square Feet

7.14 Plan Check $381 $408 $420.18 $408

7.14 Inspection $382 $386 $397.45 $386
5,000-9,999 Square Feet

7.14 Plan Check $525 $583 $600.25 $583

7.14 Inspection $525 $552 $567.78 $552
10,000-24,999 Square Feet

7.14 Plan Check $668 $700 $720.30 $700

7.14 Inspection $668 $662 $681.34 $662
25,000-49,999 Square Feet

7.14 Plan Check $812 $875 $900.38 $875

7.14 Inspection $812 $828 $851.67 $828 17 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 26

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May 15, 2024
Page
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
50,000-100,000 Square Feet

7.14 Plan Check $955 $992 $1,020.43 $992

7.15 Inspection $955 $938 $965.23 $938
>100,000 Square Feet

7.15 Plan Check $1,147 $1,167 $1,200.51 $1,167

7.15 Inspection $1,177 $1,104 $1,135.56 $1,104
Shell Buildings for All Commercial Uses (New Construction or added 0-1,999 Square Feet

7.15 Plan Check $224 $233 $240.10 $233

7.15 Inspection $224 $221 $227.11 $221
2,000-4,999 Square Feet

7.15 Plan Check $258 $292 $300.13 $292

7.15 Inspection $258 $276 $283.89 $276
5,000-9,999 Square Feet

7.15 Plan Check $336 $350 $360.15 $350

7.15 Inspection $336 $331 $340.67 $331
10,000-24,999 Square Feet

7.15 Plan Check $392 $408 $420.18 $408

7.16 Inspection $392 $386 $397.45 $386
25,000-49,999 Square Feet

7.16 Plan Check $504 $525 $540.23 $525

7.16 Inspection $504 $497 $511.00 $497
50,000-100,000 Square Feet

7.16 Plan Check $617 $642 $660.28 $642

7.16 Inspection $617 $607 $624.56 $607
>100,000 Square Feet

7.16 Plan Check $765 $817 $840.35 $817

7.16 Inspection $785 $773 $794.89 $773
Buildings for Commercial Uses (New Construction or added Space for 0-1,999 Square Feet

7.16 Plan Check $224 $233 $240.10 $233

7.16 Inspection $224 $221 $227.11 $221
2,000-4,999 Square Feet

7.16 Plan Check $258 $292 $300.13 $292

7.17 Inspection $258 $276 $283.89 $276
5,000-9,999 Square Feet

7.17 Plan Check $336 $350 $360.15 $350

7.17 Inspection $336 $331 $340.67 $331
10,000-24,999 Square Feet

7.17 Plan Check $392 $408 $420.18 $408 18 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 27

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May 15, 2024
Page
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

7.17 Inspection $392 $386 $397.45 $386
25,000-49,999 Square Feet

7.17 Plan Check $504 $525 $540.23 $525

7.17 Inspection $504 $497 $511.00 $497
50,000-100,000 Square Feet

7.17 Plan Check $617 $642 $660.28 $642

7.17 Inspection $617 $607 $624.56 $607
>100,000 Square Feet

7.17 Plan Check $765 $817 $840.35 $817

7.18 Inspection $785 $773 $794.89 $773
Tenant Improvement (New Construction, Additions and Major Remodels for All Occupancies other than H and R)
0-1,999 Square Feet

7.18 Plan Check $224 $233 $240.10 $233

7.18 Inspection $224 $220.76 $227.11 $221
2,000-4,999 Square Feet

7.18 Plan Check $258 $292 $300.13 $292

7.18 Inspection $258 $275.95 $283.89 $276
5,000-9,999 Square Feet

7.18 Plan Check $336 $350 $360.15 $350

7.18 Inspection $336 $331.14 $340.67 $331
10,000-24,999 Square Feet

7.18 Plan Check $392 $408 $420.18 $408

7.18 Inspection $392 $386.33 $397.45 $386
25,000-49,999 Square Feet

7.18 Plan Check $504 $525 $540.23 $525

7.19 Inspection $504 $496.71 $511.00 $497
50,000-100,000 Square Feet

7.19 Plan Check $617 $642 $660.28 $642

7.19 Inspection $617 $607.09 $624.56 $607
>100,000 Square Feet

7.19 Plan Check $765 $817 $840.35 $817

7.19 Inspection $785 $772.66 $794.89 $773
19 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 28

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May 15, 2024
Page
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

7.20 Tenant Improvement (TI) Fees
(Commercial/Multi-Family/Industrial) N/A
Project Valuation/Valuation Multiplier
($0-$5,900)/$199 Flat Fee
$5,701-$25,000/.033 Valuation Multiplier
$25,001-$50,000/.020 Valuation Multiplier
$50,001-$250,000/.010 Valuation Multiplier
$250,001-$500,000/.009 Valuation Multiplier
$500,001-$1,000,000/.006 Valuation Multiplier
Over $1,000,000/.007 Valuation Multiplier
N/A

8. PLANNING
Flat Fees

8.01 Accessory Dwelling Unit* $2,235 $2,721 $2,799.31 $2,721 Appeal

8.02 Appeal - 1st $2,700 $4,437 $3,879.99 $3,771

8.03 Appeal - 2nd $2,165 $3,877 $3,390.29 $3,295
Conditional Use Permit*

8.04 Major $13,496 $17,822 $15,584.91 $15,149

8.05 Major Revision $6,748 $13,735 $7,792.45 $7,574

8.06 Minor $2,665 $4,936 $4,316.01 $4,195

8.07 Minor Revision $2,395 $4,151 $3,237.01 $3,146

8.08 Environmental Assessment/Negative Declaration $4,210 $8,182 $7,154.43 $6,954

8.09 Environmental Determination (All Disc. Apps) $235 $367 $321.08 $312

8.10 Film Permit (< 3 Days) $815 $1,525 $102.88 $100

8.11 Final Site Development* $5,845 $5,633 $5,795.14 $5,633

8.12 Home Based Business $155 $248 $216.87 $211

8.13 Land Division Phasing Map* $5,395 $9,311 $8,142.37 $7,915 Landscape Plan Review*

8.14 Commercial $2,545 $2,786 $2,866.69 $2,786

8.15 Industrial $1,475 $2,786 $2,436.69 $2,369

8.16 Front Yard Typicals $1,540 $2,252 $1,969.71 $1,915

8.17 Open Space $4,040 $4,145 $4,264.30 $4,145

8.18 Landscape Inspection $460 $664 $580.62 $564

8.19 Minor Exception New $520 $534.71 $520

8.20 Mobile Food Trucks* New $697 $717.33 $697

8.21 Multi-Family Ministerial Review - SB35* New $11,574 $11,907.13 $11,574

8.22 New Business Regulation Review $40 $41 $42.18 $41

8.23 Noise Exception - Single Event* New $687 $706.35 $687

8.24 Public Convenience & Necessity W/O CUP* New $2,635 $2,710.70 $2,635

8.25 Planning Commission Hearing $2,440 $3,775 $3,300.88 $3,209

8.26 Planning Review Fee* New $186 $191.42 $186 20 of 27 Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 29

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May 15, 2024
Page
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
Plot Plan - Major*

8.27 Major $26,992 $34,547 $30,210.26 $29,365

8.28 Revision $13,496 $27,928 $15,105.13 $14,683
Plot Plan - Minor*

8.29 Minor (New Development) $4,275 $5,494 $4,804.11 $4,670

8.30 Revision $2,395 $3,884 $3,603.08 $3,502

8.31 Detached Accessory Structure* $2,335 $2,640 $2,715.49 $2,640

8.32 Model Home Complex (Includes Sign Pkg)* $2,345 $3,695 $3,231.22 $3,141

8.33 Shipping Containers* New $782 $804.63 $782

8.34 Tree Removal / Replacement Permit* New $1,131 $1,163.08 $1,131

8.35 Wall & Fence Plan Review* $2,700 $3,100 $3,189.00 $3,100

8.36 Pre-Application Review $1,442 $8,539 $2,571.95 $2,500

8.37 Pre-Existing Non-Conforming Use Verification* $1,160 $2,388 $1,719.49 $1,671

8.38 Reasonable Accommodation* New $1,545 $1,589.47 $1,545

8.39 SB9 Urban Lot Split Fee* New $5,036 $5,180.94 $5,036

8.40 Sidewalk Vending Permit Application* $695 $697 $715.00 $695

8.41 Sign Admin Relief Review* $550 $630 $648.13 $630
Sign Permit*

8.42 Affixed To Building $225 $348 $304.53 $296

8.43 Monument - Comm / Ind / Res $650 $1,543 $1,111.29 $1,080

8.44 Temporary (Commercial) $155 $248 $216.94 $211

8.45 Sign Program* $2,610 $3,864 $3,379.32 $3,285

8.46 Sign Program Amendment* $735 $925 $808.94 $786

8.47 Similar Use Determination * New $1,706 $1,754.84 $1,706

8.48 Site Plan Conceptual Review New $3,972 $4,085.98 $3,972

8.49 Small Wireless Facility/Eligible Facilities Request* New $4,031 $4,146.99 $4,031

8.50 Substantial Conformance* $2,575 $4,639 $4,056.95 $3,943 Tentative Parcel Map*

8.51 Commercial / Industrial $12,940 $17,316 $14,251.17 $13,852

8.52 Finance New $7,782 $8,006.00 $7,782

8.53 Residential $11,040 $17,316 $14,251.17 $13,852

8.54 Revised $7,740 $14,721 $10,688.38 $10,389

8.55 Minor Condition Change $3,340 $9,224 $5,344.19 $5,195 Time Extension*

8.56 City Approved Project $3,510 $4,050 $4,166.10 $4,050

8.57 Plot Plan (5-10 Yrs) $12,250 $6,917 $7,115.81 $6,917 Temporary Use Permit*

8.58 Major $1,735 $2,030 $2,088.51 $2,030

8.59 Major (501C) $868 $2,030 $1,044.26 $1,015

8.60 Minor $695 $1,351 $1,181.14 $1,148 21 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 30

Menifee Mayor and City Council
May 15, 2024
Page
1141 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

8.61 Minor (501C) $348 $1,351 $590.57 $574
Variance*

8.62 Filed Alone $5,205 $5,611 $5,772.63 $5,611

8.63 Filed With Other Applications $2,605 $2,607 $2,681.98 $2,607

8.64 Zoning Information Letter $375 $472 $485.89 $472

8.65 Additional Plan Check 25% 25% $0.26 25%

8.66 Technology Surcharge Fee 0% 5.7% $0.06 5.7%

8.67 Planning Application Refund Processing Fee N/A
Deposit Based Fees*

8.67 Surface Mining & Reclamation Act $20,000 $20,000 $20,575.60 $20,000

8.68 Annexation Request $20,000 $20,000 $20,575.60 $20,000

8.69 Zone Change $5,000 $5,000 $5,143.90 $5,000

8.70 Development Agreement $10,000 $10,000 $10,287.80 $10,000

8.71 EIR Review $20,000 $20,000 $20,575.60 $20,000

8.72 Expedited Environmental Habitat Review $1,380 $1,500 $1,543.17 $1,500

8.73 General Plan Amendment $10,000 $10,000 $10,287.80 $10,000

8.74 Planned Unit Development $10,000 $10,000 $10,287.80 $10,000

8.75 Specific Plan $20,000 $20,000 $20,575.60 $20,000

8.76 Specific Plan Amendment $10,000 $10,000 $10,287.80 $10,000

8.77 Sphere Of Influence Amendment $10,000 $10,000 $10,287.80 $10,000

8.78 Study Review/Scoping Agreement $1,000 $1,000 $1,028.78 $1,000

8.79 Ag Preserve Cancellation $5,000 $5,000 $5,143.90 $5,000

8.80 Tentative Tract Map $20,000 $20,000 $20,575.60 $20,000

8.81 Tentative Tract Map - Revision $10,000 $10,000 $10,287.80 $10,000

8.82 Historic Property Preservation $5,000 $5,000 $5,143.90 $5,000

8.83 Hazardous Waste Facility Siting Permit $20,000 $20,000 $20,575.60 $20,000

8.84 Hog Ranch Processing $10,000 $10,000 $10,287.80 $10,000

8.85 Noise Exception - On-Going Event $5,000 $5,000 $5,143.90 $5,000

8.86 MSHCP HANS $2,000 $2,000 $2,057.56 $2,000

9. ENGINEERING
Rough Grading / Drainage Plan Check (Single Family Residence)*

9.01 1-50 Lots $1,865 $5,489 $3,953.13 $3,843

9.02 51-75 Lots $10,960 $10,904 $11,217.48 $10,904

9.03 75- 200 Lots Deposit $16,172 $16,637.02 $16,172

9.04 200+ Lots Deposit $20,000 $20,575.60 $20,000
Precise Grading / Drainage Plan Check (Single Family Residence)*

9.05 1-50 Lots $1,865 $5,246 $3,777.98 $3,672

9.06 51-75 Lots $3,695 $8,715 $6,276.26 $6,101

9.07 75- 200 Lots $10,960 $13,080 $13,456.03 $13,080
Fee will be based per MMC 9.30.050 policy established by CD Director 22 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 31

Menifee Mayor and City Council
May 15, 2024
Page
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

9.08 200+ Lots Deposit $15,000 $15,431.70 $15,000

9.09 Standalone Single Family Grading New $5,480 $5,637.21 $5,480 Rough Grading/Drainage Plan Check (Multiple Family Residence,

9.10 0-50K Sqft $5,925 $6,777 $6,972.36 $6,777

9.11 >50K-100K Sqft $7,420 $8,657 $8,906.00 $8,657

9.12 >100K-500K Sqft $9,075 $11,782 $10,302.88 $10,015

9.13 >500K-1mil Sqft $10,335 $13,906 $12,160.23 $11,820

9.14 >1mil+ Sqft Deposit $15,000 $15,431.70 $15,000
Precise Grading/Drainage Plan Check (Multiple Family Residence,

9.15 0-50K Sqft $5,925 $6,627 $6,817.93 $6,627

9.16 >50K-100K Sqft $8,680 $9,700 $9,979.25 $9,700

9.17 >100K-500K Sqft $11,595 $14,367 $14,780.42 $14,367

9.18 >500K-1mil Sqft $13,500 $15,835 $16,290.43 $15,835

9.19 >1mil+ Sqft Deposit $20,000 $20,575.60 $20,000

9.20 Plan Check Revision Deposit $10,000 $10,287.80 $10,000

9.21 Extra Plan Check 1/4 Initial Fee 1/4 Initial Fee 1/4 Initial Fee Encroachment and Public Improvements*:

9.22 Encroachment Permit Issuance $65 $121 $105.69 $103

9.23 Encroachment Plan Review New $591 $607.97 $591

9.24 Per plan sheet New $295 $303.99 $295
Encroachment Permits*:

9.25 Permits per Event under existing annual permit New $60 $62.17 $60

9.26 Permits for One Day Work New $433 $445.84 $433

9.27 Permits Exceeding One Day Work New $433 $445.84 $433

9.28 Permits for Major Projects New $1,733 $1,543.17 $1,500

9.29 Permits for One Day Work, Multiple Locations New $513 $527.31 $513

9.30 Permits for Night-Time Work New $550 $565.80 $550

9.31 Additional Review (Traffic Control) New $158 $162.94 $158

9.32 Additional Inspection New $137 $141.45 $137
Public Improvement Plan Review*: (Assumes up to 3 plan reviews,

9.33 $0-$500,000 $8,563.52 $8,809.98 $8,564

9.34 $500,000 $8,563.52 $8,809.98 $8,564

9.35 Per $1,000 $8.80 $9.05 $8.80

9.36 $1,000,000 $12,961.53 $13,334.57 $12,962

9.37 Per $1,000 $2.95 $3.03 $2.95

9.38 $5,000,000 $24,743.43 $25,455.55 $24,743

9.39 Per $1,000 $1.25 $1.29 $1.25

9.40 $10,000,000 $30,990.85 $31,882.76 $30,991

9.41 Per $1,000 $1.30 $1.34 $1.30

9.42 $25,000,000 $50,540.42 $51,994.97 $50,540 23 of 27 Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 32

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May 15, 2024
Page
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EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

9.43 Per $1,000 $0.65 $0.67 $0.65

9.44 Public Improvement Inspection* 3% 3% $0.03 3%

9.45 Landscaping Improvements* Varies $4,480 $4,608.93 $4,480

9.46 Neighborhood Park* $6,690 $11,863 $10,373.63 $10,083

9.47 Community Park* $9,940 $15,459 $13,518.36 $13,140

9.48 Regional Park* $9,940 $18,197 $15,912.98 $15,468

9.49 Signing & Striping (if not included in the street improvement plans)* $1,370 $3,546 $2,553.31 $2,482

9.50 Per Sheet* $800 $443 $455.98 $443

9.51 Traffic Signal* $5,370 $6,907 $6,040.05 $5,871

9.52 Minor Modification of Traffic Signals* New $2,724 $2,802.04 $2,724

9.53 Plan Check Revision Deposit $10,000 $10,287.80 $10,000

9.54 Extra Plan Check 1/4 of Initial Fee 1/4 of Initial Fee Grading/Drainage Inspection*

9.55 Residential up to 1 acre New $1,885 $1,939.25 $1,885

9.56 Residential 1+ acres Deposit $3,000 $3,086.34 $3,000 Traffic Engineering Exhibits*

9.57 Traffic Control Plan $30 $64 $46.29 $45

9.58 Per Sheet $200 $474 $341.35 $332

9.59 Trip Generation Letter $740 $839 $862.94 $839

9.60 Per study $1,000 $1,264 $1,105.32 $1,074

9.61 Small Study (<500 ADT) $740 $839 $862.94 $839

9.62 Per study $2,000 $1,896 $1,950.57 $1,896

9.63 Typical TIA (500-1,000 ADT) $740 $839 $862.94 $839

9.64 Per study $3,000 $3,160 $3,250.94 $3,160

9.65 Large TIA (1,000+ ADT) $740 $839 $862.94 $839

9.66 Per study $5,000 $5,056 $5,201.51 $5,056

9.67 Parking Study $740 $839 $862.94 $839

9.68 Per study $2,000 $3,160 $2,763.30 $2,686
Final Parcel Maps

9.69 Residential Parcel Map* $8,890 $10,047 $10,335.71 $10,047 Commercial/Industrial Parcel Map*

9.70 <20 acres $11,195 $13,238 $13,618.86 $13,238

9.71 Per additional acre New $118 $120.88 $118
Final Tract Map*

9.72 5-20 Lots $12,640 $9,469 $9,741.64 $9,469

9.73 21-50 Lots $14,495 $13,726 $14,120.83 $13,726

9.74 51-100 Lots $17,295 $18,087 $18,607.96 $18,087

9.75 100+ Lots Deposit $20,000 $20,575.60 $20,000

9.76 Amendment to final map $4,645 $5,755 $5,920.95 $5,755 Survey/Mapping Review* 24 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 33

Menifee Mayor and City Council
May 15, 2024
Page
1144 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title

9.77 Lot Line Adjustment / Merger $3,940 $4,228 $4,349.98 $4,228

9.78 Survey Monument Field Inspection $335 $650 $568.09 $552

9.79 Plus deposit determined by staff with charges for actual outside costs Deposit

9.80 Record of Survey Plan Check $3,135 $3,170 $3,261.39 $3,170

9.81 Condominium Conversion Review $10,000

9.82 Certificate of Compliance $3,650 $3,542 $3,643.57 $3,542

9.83 Substantial Compliance $1,550 $2,325 $2,032.99 $1,976

9.84 Reversion to Acreage $3,830 $3,612 $3,716.09 $3,612

9.85 Certificate of Correction Issuance $2,935 $2,817 $2,897.90 $2,817

9.86 Vacation $4,620 $4,561 $4,692.67 $4,561

9.87 Initial deposit if involving Public Road currently in use with charges at the fully allocated hourly rates of involved personnel plus any outside costs $10,000 $10,000 $10,287.80 $10,000

9.88 Quitclaim $3,120 $3,077 $3,165.55 $3,077

9.89 Easement Processing $3,085 $3,051 $3,138.39 $3,051

9.90 Parking Covenant Review New $2,587 $2,661.75 $2,587

9.91 CC&R $3,000 $3,000 $3,086.34 $3,000
Water Quality/Stormwater*
Preliminary Water Quality Management Plan Review (WQMP)*

9.92 Small Deposit $4,265 $4,387.30 $4,265

9.93 Medium Deposit $5,895 $6,064.57 $5,895

9.94 Large Deposit $6,670 $6,861.95 $6,670

9.95 Final WQMP w/ Approved Prelim $5,570 $6,014 $6,187.33 $6,014 Final WQMP w/o Approved Prelim*

9.96 Small Deposit $3,558 $3,660.62 $3,558

9.97 Medium Deposit $4,356 $4,481.07 $4,356

9.98 Large Deposit $5,923 $6,093.50 $5,923
Stormwater Inspection: Commercial / Industrial Businesses*

9.99 Low Priority $195 $539 $388.44 $378

10.00 Medium/High Priority $455 $662 $579.19 $563
Reports/Studies

9.10 Drainage Study $2,500 $2,500 $2,571.95 $2,500

9.10 Geotechnical Study $1,705 $1,915 $1,970.10 $1,915

9.10 ESA $1,705 $1,124 $1,156.72 $1,124

9.10 Traffic Scoping Study $1,145 $1,915 $1,970.10 $1,915 Special Districts*

9.10 CFD/LMD Annexation $2,580 $2,623 $2,698.44 $2,623

9.11 Plus initial deposit determined by staff with charges for any outside or legal costs Deposit $5,000 $5,143.90 $5,000

9.11 CFD/Assessment District Audit $10,000 $10,000 $10,287.80 $10,000

9.11 Assessment District Formation $20,000 $20,000 $20,575.60 $20,000 25 of 27 Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 34

Menifee Mayor and City Council
May 15, 2024
Page
1145 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
Bonds

9.11 Bond Release $710 $1,741 $1,253.50 $1,218

9.11 Plus deposit determined by staff with actual charges for GIS database changes and inspections Deposit $2,000 $2,057.56 $2,000

9.11 Bond Reduction $710 $2,036 $1,466.29 $1,425

9.11 Plus deposit determined by staff with actual charges for GIS database changes and inspections Deposit $3,000 $3,086.34 $3,000

9.11 Bond Replacement $710 $1,741 $1,253.50 $1,218

9.11 Plus deposit determined by staff with actual charges for GIS database changes and inspections Deposit $2,000 $2,057.56 $2,000

9.11 Initial Bond Posting New $1,741 $1,790.72 $1,741
Misc Services

9.11 TUMF Audit $10,000 $10,000 $10,287.80 $10,000

9.12 Misc. Engineering Agreements Deposit $10,000 $10,287.80 $10,000

9.12 City Property Acquisition Process* $1,520 $2,958 $2,586.43 $2,514

9.12 Plus initial deposit with charges for any outside costs $5,000 $5,000 $5,143.90 $5,000

9.12 Street Name Change* $650 $787 $809.71 $787

9.12 Block Party Processing* $505 $427 $439.27 $427
Wide and Overload Permit^

9.12 Daily $16 $360 $360.00 $16

9.12 Annual $90 $360 $360.00 $90
Other Fees:

9.12 Haul Route Review $165 $1,225 $882.43 $858

9.12 Misc Planning/Engineering Review Deposit $5,000 $5,143.90 $5,000

9.12 Borrow Site Plan Check* $1,095 $1,516 $1,325.40 $1,288

9.13 Stockpile Plan Check* $850 $1,594 $1,393.46 $1,354

9.13 Stockpile/Borrow Site Inspection* $500 $587 $604.05 $587

9.13 Technology Surcharge Fee 0% 5.7% 5.7% 5.7%
Legend
&
Notes:
^ State / Federally Regulated or Set Fee
+
Subject to General Plan Maintenance Fee - but only if new construction or major redevelopment. Other valuation-based projects such as smaller additions may not be eligible.
* Subject to Technology Fee.
(1)
Note: All permits in this fee schedule assume a standard scope of work. If any project or application falls outside of the typical or standard scope of work, the Community Development Director or Public Works Director has the discretion to charge time and materials for that application or project.

The Building Division's ADU Permit is inclusive of both plan check and permit and all MEPs. 26 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 35

Menifee Mayor and City Council
May 15, 2024
Page
1146 of 1147

EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2024 ADJUSTMENT EFFECTIVE 7/15/2024) 7/15/2024 Fee
(CPI)
Fee
No.
2022 Adopted
Fee
Total
Cost
(b)
Current
Fee
(a)
Fee Title
27 of 27
Item Title: 11.2
2024 Comprehensive Cost of Services/User Fee Schedule Update Item Page Number: 36

Menifee Mayor and City Council
May 15, 2024
Page
1147 of 1147

Menifee City CouncilMay 15, 2024

Menifee City Council
May 15, 2024