2 3
0 3
ATTACHMENTS
1. Resolution
2. Exhibit A – State Mandated Inspections List
3. Senate Bill 1205
Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
274 of 489
1 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE
MENIFEE FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN
OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF THE CALIFORNIA HEALTH
AND SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Menifee Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private schools, hotels, motels, lodging houses, and apartment houses for compliance with building standards, as provided; and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Menifee Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with sections 13146.2 and 13146.3; and WHEREAS, the Council of the City of Menifee intends this Staff Report to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Menifee Fire Department’s compliance with California Health and Safety Code Sections 13146.4.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
expressly acknowledges the measure of compliance of the Menifee Fire Department with Health and Safety Code sections 13146.2 and 13146.3 in the City of Menifee for fiscal year 2023/2024, as follows:
Section 1.Education Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. The Menifee Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Menifee as identified in Exhibit “A” attached hereto.
Section 2.Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility, impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. The Menifee Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Menifee as identified in Exhibit “A” attached hereto.
Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
275 of 489
Annual State Mandated Inspections Pursuant to Sections 13145, 13146, and 17921 of the California Health and Safety Code
2 4
9 0
5 0
PASSED, APPROVED AND ADOPTED this 4th day of September, 2024 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
276 of 489
Annual State Mandated Inspections Pursuant to Sections 13145, 13146, and 17921 of the California Health and Safety Code
3 4
9 0
5 0
Exhibit A
State Mandated Inspections Completed July 1, 2023 – June 30, 2024 Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
277 of 489
Exhibit A
State Mandated Inspections Completed July 1, 2023 - June 30, 2024 Number Street Site Name
Occupancy
Group
28525 LA PIEDRA RD BELL MOUNTAIN MIDDLE SCHOOL E E EDUCATIONAL FACILITIES 28800 REVIERE RD CALLIE KIRKPATRICK CHILD DEVELOPMENT CENTER E R1 HOTEL/MOTEL 28800 REVIERE RD CALLIE KIRKPATRICK ELEMENTARY SCHOOL E R2 APARTMENT 30250 BRADLEY RD CHESTER W MORRISON ELEMENTARY SCHOOL E R2.1 CARE FACILITIES 30465 EVANS RD EVANS RANCH ELEMENTARY SCHOOL E
29282 MENIFEE RD FREEDOM CREST CHILD DEVELOPMENT CENTER E 29282 MENIFEE RD FREEDOM CREST ELEMENTARY SCHOOL E
27625 SHERMAN RD HANS CHRISTENSEN MIDDLE SCHOOL E
29792 AUDIE MURPHY RD KATHRYN NEWPORT MIDDLE SCHOOL E
25625 BRIGGS RD MENIFEE CHILD DEVELOPMENT CENTER E
26301 GARBANI RD MENIFEE ELEMENTARY SCHOOL E
26350 LA PIEDRA RD MENIFEE PRESCHOOL E
26350 LA PIEDRA RD MENIFEE STATE PRESCHOOL E
26255 GARBANI RD MENIFEE VALLEY MIDDLE SCHOOL E
23757 CANYON HEIGHTS RD QUAIL VALLEY ELEMENTARY SCHOOL-CDC E 23757 CANYON HEIGHTS RD QUAIL VALLEY ELEMENTARY SCHOOL E 23757 CANYON HEIGHTS RD QUAIL VALLEY PRESCHOOL E
25455 RIDGEMOOR RD RIDGEMOOR ELEMENTARY SCHOOL E
30975 SOUTHSHORE DR SOUTHSHORE CHILD DEVELOPMENT CENTER E 30975 SOUTHSHORE DR SOUTHSHORE ELEMENTARY SCHOOL E
30344 STAGE COACH RD TAAWILA ELEMENTARY SCHOOL E
26001 BRIGGS RD HERITAGE HIGH SCHOOL E
31375 BRADLEY RD PALOMA VALLEY HIGH SCHOOL E
27327 JUNIPERO RD BOULDER RIDGE ELEMENTARY SCHOOL E
27327 JUNIPERO RD BOULDER RIDGE HEADSTART PRESCHOOL E
28100 CALM HORIZON DR ETHAN E. CHASE MIDDLE SCHOOL E
29955 WATSON RD HARVEST VALLEY ELEMENTARY SCHOOL E
29955 WATSON RD HARVEST VALLEY HEADSTART E
27227 HERITAGE LAKE DR MESA VIEW ELEMENTARY SCHOOL E
25890 ANTELOPE RD ROMOLAND ELEMENTARY SCHOOL E
25890 ANTELOPE RD ROMOLAND HEADSTART E
KEY
ROMOLAND SCHOOL DISTRICT
PERRIS UNION HIGH SCHOOL DISTRICT
MENIFEE UNION SCHOOL DISTRICT
Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
278 of 489
Exhibit A
State Mandated Inspections Completed July 1, 2023 - June 30, 2024 29720 GOETZ RD GRACE CHRISTIAN SCHOOL E
27587 LA PIEDRA RD SANTA ROSA ACADEMY-CONTACT PETER ARBALLO E 26800 NEWPORT RD SPRINGS CHARTER SCHOOL-BEAR RIVER STUDENT CENTER-CONTACT ROSIE E 26704 MURRIETA RD ST. STEPHENS PRESCHOOL E
27350 HWY 74 SUN LEISURE MOTEL R1
27955 ENCANTO DR MOTEL 6 R1
30140 TOWN CENTER DR FAIRFIELD INN & SUITES R1
27680 ENCANTO DR MENIFEE INN R1
28155 ENCANTO DR AVILA APARTMENTS R2
28301 ENCANTO DR VALLEY VIEW VILLAGE APARTMENTS R2
28377 ENCANTO DR VILLAGIO APARTMENTS R2
30414 TOWN CENTER DR ARTESA APARTMENTS R2
29930 WINTERHAWK RD THE VINEYARDS AT MENIFEE R2
27757 ASPEL RD ANTELOPE RIDGE APARTMENTS R2
28410 ENCANTO DR HALTER HILLSIDE APARTMENTS R2
30300 ANTELOPE RD THE ENCLAVE APARTMENTS R2
30951 HANOVER LN CANTABRIA APARTMENTS R2
28400 MCCALL BLVD MENIFEE VALLEY MEDICAL CENTER R2.1
29620 BRADLEY RD SUNNY ROSE GLEN R2.1
27600 ENCANTO DR LIFE CARE CENTER OF MENIFEE R2.1
28500 BRADLEY RD SUN CITY GARDENS R2.1
29914 ANTELOPE RD WELL QUEST OF MENIFEE LAKES R2.1
28333 VALLEY BLVD PACIFICA R2.1
R1, R2, R2.1
OTHER SCHOOLS
Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
279 of 489
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of an y city or county fire department or district pro viding fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district pro viding fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill w ould require e very city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill w ould pro vide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory pro visions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant
93 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 8
Menifee Mayor and City Council
September 4, 2024
Page
280 of 489
to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdi vision (a) shall occur when the administering authority discusses its annual b udget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdi vision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
O
93 — 2 —Ch. 854
Item Title: 10.4
Senate Bill 1205 Annual Compliance Report
Item Page Number: 9
Menifee Mayor and City Council
September 4, 2024
Page
281 of 489
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas”
MEETING DATE: September 4, 2024
TO: Mayor and City Council
PREPARED BY: Russell Brown, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance approving Zone Change No. PLN21-0376 for “Villagio Villas,” located south of McCall Boulevard at the southern terminus of Encanto Drive.
DISCUSSION
At the August 21, 2024, City Council meeting, the City Council introduced the first reading of an ordinance to approve Zone Change No. PLN21-0376 for “Villagio Villas”. This is the required second reading and adoption. The ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact for this item.
ATTACHMENTS
1. Ordinance
2. Exhibit A – Zone Change
Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 1
Menifee Mayor and City Council
September 4, 2024
Page
282 of 489
ORDINANCE NO. 2024-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING ZONE CHANGE NO. PLN21-0376 FOR
VILLAGIO VILLAS LOCATED SOUTH OF MCCALL BOULEVARD AT
THE SOUTHERN TERMINUS OF ENCANTO DRIVE
WHEREAS, on November 29, 2021, the applicant, Villagio Villas, filed a formal application with the City of Menifee for the approval of a General Plan Amendment (GPA) No. PLN21-0377, Zone Change (ZC) No. PLN21-0376 and a Plot Plan (PP) No. PLN21- 0375 to construct two new two-story apartment buildings as part of an existing apartment complex, known as Villagio Villas; and
WHEREAS, the application for the Zone Change (ZC) No. PLN21-0376 is being processed concurrently with General Plan Amendment (GPA) No. PLN21-0377 and Plot Plan (PP) No. PLN21-0375, collectively, all the applications are referred to as the “Project” or “Villagio Villas”; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were completed for the Project and concluded that no significant impacts would be caused by the Project, therefore, the MND and MMRP have been recommended for adoption; and WHEREAS, the proposed Project site was previously part of the freeway right-of-way and had no General Plan Land Use or Zoning designations. The proposed General Plan Land Use density is 20.1-24 dwelling units per acre (du/ac) with a Zoning designation of High Density Residential (HDR); and
WHEREAS, an exhibit for ZC No. PLN21-0376 has been prepared and attached hereto as Exhibit “A” of the Ordinance; and
WHEREAS, on June 26, 2024, the Planning Commission conducted a duly noticed public hearing and voted 5-0 recommending approval to the City Council of ZC No. PLN21- 0376, as well as GPA No. PLN21-0377 and PP No. PLN21-0375; and WHEREAS, on August 21, 2024, the City Council held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notices placed on the Project site, and notice to property owners within 400 feet of the Project boundaries as well as to persons requesting public notice.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee makes the following Findings:
Section 1: The City of Menifee City Council hereby makes the following findings for ZC No. PLN21-0376 in accordance with Title 9, Article 2, Chapter 9.115.070 – Findings for Approval:
Finding 1 - The proposed zone or amendments to this Title is consistent with the intent of the goals and policies of the General Plan.
Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
283 of 489
Villagio Villas Ordinance for ZC
September 4, 2024
4 9
2 1
4 The parcel does not currently have a zoning designation as it was previously owned by Caltrans and therefore, before the site can be developed a zoning code amendment must be approved to establish a zone. The Project site was previously owned by Caltrans until 2017 when it was purchased by the Project applicant with the intention of developing the site. The existing apartment complex to the north and east of the Project site has a zoning classification of HDR. The intent of the HDR Zone is for multifamily dwellings, including apartments and condominiums with a density range of 20 – 24 du/ac. Before the site can be developed, a ZC must be approved; the Project proposes to establish the zoning classification of HDR which is consistent with nearby properties.
In addition, the Project is consistent with the following City of Menifee General Plan Policies:
•Policy HE-1.2 Specific Plans. Support residential growth and infill in specific areas and along corridors where comprehensive neighborhood planning is completed, and adequate infrastructure is planned.
The Project site is surrounded by existing multifamily developments. The Project includes infill development of a vacant site where existing infrastructure is in place.
•Policy HE-3.6 Fair Housing. Support and implement housing law in all aspects of the building, financing, sale, rental, or occupancy of housing based on protected status in accordance with state and federal law.
The Project includes six affordable income qualified units. Approval of the Project will help the City in meeting required state mandates on affordable housing.
•Policy LU-1.1 Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.
The proposed Project is located within an area that is intended for residential uses, with existing multifamily developments to the north, south, east, and west. The Project is consistent with this policy as it leads to the concentration of growth in strategic locations and preserves rural areas within the City and provides infill development.
•Policy LU-1.5: Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities.
The Project proposes new residential units in a developed area that allows for ease of access to commercial uses to the north. Pedestrians are encouraged to use the existing sidewalks and bike lanes along Encanto Drive and McCall Boulevard.
•Policy LU-3.4 Require that approval of new development be contingent upon the project’s ability to secure appropriate infrastructure services.
Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
284 of 489
Villagio Villas Ordinance for ZC
September 4, 2024
4 9
2 1
4 The Project includes Conditions of Approval which require appropriate infrastructure. In addition, the Project has been reviewed and conditioned for consistency with the requirements for domestic water, fire protection, sewage disposal, fencing, and electrical communication facilities. •Policy CD-3.19 Design walls and fences that are well integrated in style with adjacent structures and terrain and utilize landscaping and vegetation materials to soften their appearance.
The Project includes landscaping, as well as street trees, which will soften the appearance of the perimeter and site interior walls. A 20-foot building/landscape setback along the western side of the Project is being proposed as well. The walls that will be visible to the public will be constructed of decorative masonry block and pilasters which will be well integrated with the adjacent sites to the north and east which also contain decorative masonry block walls.
•Policy CD-3.12: Utilize differing but complementary forms of architectural styles and designs that incorporate representative characteristics of a given area.
The Project was reviewed for compliance with the Development Code and City-wide Design Guidelines. The proposed Project is consistent with these guidelines and compatible with the architecture of the existing apartment complex as well as other nearby apartment complexes.
•Policy CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences.
The proposed elevations contain elements of Tuscan and Italianate architecture that utilizes tower elements on the corners, clay tile roofing, decorative cornices, arched doorways/windows, stone veneer, window planters, decorative shutters, smooth stucco exterior finish and other detailed treatments consistent with the architectural theme. The roof lines are broken up to reduce the overall mass of the building and the four-sided tower elements provide additional depth and relief.
Finding 2 - The proposed zone or amendments to this Title prescribes reasonable controls and standards to ensure compatibility with other established uses.
The existing apartment complex was approved by the County of Riverside in the late 1980’s and was constructed in the early 1990’s and was consistent with the rules and regulations in place at the time of approval.
The Project as proposed is consistent with the HDR Zoning classification. The Project has been designed to include reasonable controls and standards such as development regulations, including, parcel size, building coverage, setbacks, site landscaping, to ensure compatibility with existing/proposed surrounding uses. The Project is consistent with all established controls and Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
285 of 489
Villagio Villas Ordinance for ZC
September 4, 2024
4 9
2 1
4 standards outlined in the HDR section of the City of Menifee Municipal Code (MMC) and is compatible with adjacent land uses and development standards.
Finding 3 - The proposed zone or amendments to this Title provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Project proposes two new two-story apartment buildings totaling 22,588 square feet at an existing apartment complex. Each building proposes 12 units (24 total) bringing the total number of units within the Villagio Villas apartment complex to 120 units (96 existing). The property development rights of the subject parcel is compatible and consistent with surrounding developments and will be consistent with the MMC and General Plan.
A MND was prepared for the Project and analyzed several areas of environmental importance as identified and required by CEQA. Furthermore, biological reports were conducted to determine sensitive plant and animal species onsite and applicable mitigation measures included in the MND were included for their protection. The MND also includes additional reports to determine consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (WR-MSHCP) such as riparian/riverine areas, vernal pools, narrow endemic plant species, burrowing owl, and fairy shrimp.
Review and mitigation coordination occurred with the applicable state and federal wildlife agencies. Therefore, the Project provides reasonable property development rights while protecting environmentally sensitive land uses and species.
Finding 4 - The proposed zone or amendments to this Title ensures protection of the general health, safety and welfare of the community.
The Project will not result in conditions detrimental to public health, safety, or general welfare as designed and conditioned. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development and Engineering Departments, Office of the Fire Marshal and numerous outside agencies to ensure that it will not create conditions materially detrimental to the surrounding uses.
In addition, environmental impacts resulting from the implementation of the proposed Project have been analyzed in the MND and no significant impacts (with mitigation measures incorporated) are expected as a result of the Project.
The proposed entitlements are not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity.
Section 2: CEQA Compliance. The City Council hereby resolves that the MND has been completed for the Project in accordance with CEQA, State and local CEQA guidelines and pursuant to a separate Resolution, finds that the facts presented within the public record provide the basis to adopt the MND, which has been completed for the Project.
Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
286 of 489
Villagio Villas Ordinance for ZC
September 4, 2024
4 9
2 1
4 Section 3: Effective Date. The Ordinance shall take effect 30 days after its second reading and adoption.
Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5: Notice of Adoption. The City Clerk is authorized and directed to cause this Ordinance to be published within 15 days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced for first reading on August 21, 2024, and PASSED, APPROVED AND ADOPTED this 4th day of September 2024.
_________________________
Bill Zimmerman, Mayor
Attest:
______________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
287 of 489
Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
288 of 489
Item Title: 10.5
Second Reading and Adoption of an Ordinance Approving the Zone Change for “Villagio Villas” Item Page Number: 8
Menifee Mayor and City Council
September 4, 2024
Page
289 of 489
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes Within Improvement Area No. 2 of Community Facilities District No. 2023-2, Cimarron Ridge
MEETING DATE: September 4, 2024
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Improvement Area No. 2 of Community Facilities District (CFD) No. 2023-2, Cimarron Ridge, located southwest of McLaughlin Road and Byers Road.
DISCUSSION
At the August 21, 2024, City Council meeting, this ordinance was introduced for first reading. This is the required second reading and adoption. The ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The CFD would be required to annually levy special taxes on all taxable property within the District to pay for the costs of facilities, debt service on bonds and administration of the District itself. Any bonds issued by the CFD are not obligations of the City and would be secured solely by the special taxes levied therein. The Developer has made a deposit to pay for the costs of forming the CFD. The Funding Agreement includes a provision for reimbursement of these costs to the Developer if and when bonds are issued for the CFD.
Item Title: 10.6
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes
Within
Improvement
Area
No.
2 of
Community
Facilities District No. 2023-2, Cimarron Ridge
Item Page Number: 1
Menifee Mayor and City Council
September 4, 2024
Page
290 of 489
City of Menifee Staff Report
Ordinance Adoption Improvement Area No. 2 of CFD No. 2023-2, Cimarron Ridge September 4, 2024
2 3
2 9
ATTACHMENTS
1. Location Map
2. Ordinance CFD 2023-2
Item Title: 10.6
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes
Within
Improvement
Area
No.
2 of
Community
Facilities District No. 2023-2, Cimarron Ridge
Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
291 of 489
CHAMBERS AVE
MCLAUGHLIN RD
MANTLE DR
ALABAST ERLOOP
SUNCITYBLVDROUSE RD
BRANDYWINE DR
VALLEY
BLVD
BYERS RD
^_
C HAMBERS AVE
ROUSE RD
WATSON RD
MCCALL BLVD
SHERMAN RD
PALOMA WAY
PACKARD ST
MATTHEWS
RD
EVANS RD
§¨¦215
·|}þ74
CFD NO. 2023-2 (CIMARRON RIDGE)
IMPROVEMENT AREA 2
PROJECT MAP
IMPROVEMENT
AREA 1
IMPROVEMENT
AREA 2
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes Within Improvement Area No. 2 of Community Facilities District No. 2023-2, Cimarron Ridge Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
292 of 489
4876-1831-9570v4/200299-0021
ORDINANCE NO. 2024-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE) OF THE CITY OF MENIFEE
AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 2 IN ACCORDANCE WITH THE AMENDED AND RESTATED RATE AND
METHOD OF APPORTIONMENT
WHEREAS, on March 15, 2023, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 23-1296 declaring its intention to form Community Facilities District No. 2023-2 (Cimarron Ridge) of the City of Menifee (the “District”) and Improvement Area No. 1 (“Improvement Area No. 1”) and Improvement Area No. 2 (“Improvement Area No. 2” and together with Improvement Area No. 1, the “Improvement Areas” and each an “Improvement Area”) therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 23-1297 declaring its intention to incur bonded indebtedness for each of Improvement Area No. 1 and Improvement Area No. 2; and
WHEREAS, on April 19, 2023, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the designation of the Improvement Areas, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 23-1296 and to secure the payment of any bonded indebtedness of the District for the Improvement Areas, and the proposed issuance of up to $10,000,000 of bonded indebtedness for Improvement Area No. 1 and up to $15,000,000 of bonded indebtedness for Improvement Area No. 2, as described in Resolution No. 23-1297; and WHEREAS, at the April 19, 2023, public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District, the designation of the Improvement Areas and the proposed levy of the special tax to finance the facilities described in Resolution No. 23-1296 and to secure the payment of up to $10,000,000 of bonded indebtedness for Improvement Area No. 1 and of up to $15,000,000 of bonded indebtedness for Improvement Area No. 2 as described in Resolution No. 23- 1297 (together, the “Bonds”) were heard and a full and fair hearing was held; and WHEREAS, on April 19, 2023, the City Council adopted Resolution Nos. 23-1310 and 23-1311 which formed the District, designated the Improvement Areas and called a special election within each of Improvement Area No. 1 and Improvement Area No. 2 on April 19, 2023, in each case on three propositions relating to the levy of a special tax within each Improvement Area, the issuance of the Bonds by the District for each Improvement Area and the establishment of an appropriations limit within the District; and
WHEREAS, on April 19, 2023, a special election was held within Improvement Area No. 1 at which the qualified electors therein approved by more than a two-thirds vote Propositions A, B and C set forth in Attachment B to Resolution No. 23-1310 authorizing the levy of a special tax within Improvement Area No. 1 for the purposes described in Resolution No. 23-1310, the issuance of the Bonds for Improvement Area No. 1 as described in Resolution No. 23-1310 and establishing an appropriations limit for the District; and
WHEREAS, on April 19, 2023, a special election was held within Improvement Area No. 2 at which the qualified electors therein approved by more than a two-thirds vote Propositions D, E and F set forth in Attachment C to Resolution No. 23-1310 authorizing the levy of a special tax within Improvement Area No. 2 for the purposes described in Resolution No. 23-1310, the issuance of the Bonds for Improvement Area No. 2 as described in Resolution No. 23-1310 and establishing an appropriations limit for the District; and
Item Title: 10.6
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes
Within
Improvement
Area
No.
2 of
Community
Facilities District No. 2023-2, Cimarron Ridge
Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
293 of 489
Ordinance Levying Special Taxes for Improvement Area No. 2 of CFD No. 2023-2 Ordinance No. 24-___
2 4876-1831-9570v4/200299-0021
WHEREAS, pursuant to certain change proceedings and an election held within Improvement Area No. 2 on August 21, 2024, an amended and restated rate and method of apportionment was approved for Improvement Area No. 2 as attached to Resolution No. 24-1460 adopted by the City Council on July 17, 2024 (the “Amended Improvement Area No. 2 Rate and Method”); NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1.The above recitals are all true and correct.
Section 2.By the passage of this Ordinance, the City Council authorizes and levies special taxes within Improvement Area No. 2 pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with Amended Improvement Area No. 2 Rate and Method, which is incorporated by reference herein. The special taxes are hereby levied commencing in the fiscal year specified in the Amended Improvement Area No. 2 Rate and Method and in each fiscal year thereafter until payment in full of the Bonds issued by the District for Improvement Area No. 2 (including any bonds issued to refund the Bonds), payment of all costs of the public facilities authorized to be financed by the District for Improvement Area No. 2, and payment of all costs of administering the District allocable to Improvement Area No. 2.
Section 3.Each of the Mayor, the City Manager, the Chief Financial Officer, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within Improvement Area No. 2, in the manner and as provided in the Amended Improvement Area No. 2 Rate and Method. The special tax rate levied on a parcel pursuant to the Amended Improvement Area No. 2 Rate and Method shall not exceed the maximum rate set forth in the Amended Improvement Area No. 2 Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax within Improvement Area No. 2, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District for Improvement Area No. 2 in each fiscal year, and with respect to Special Tax, until the Bonds issued by the District for Improvement Area No. 2 are paid in full, the facilities financed for Improvement Area No. 2 have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4.Properties or entities of the state, federal or other local governments shall be exempt from the special tax for Improvement Area No. 2, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Improvement Area No. 2 Rate and Method. No other properties or entities within Improvement Area No. 2 are exempt from the special tax unless the properties or entities are expressly exempted in Resolution Nos. 23-1310 and 24-1460 or in a resolution of consideration to levy a new special tax or special taxes or to alter the Amended Improvement Area No. 2 Rate and Method or an existing special tax as provided in Section 53334 of the Act.
Section 5.All of the collections of the special tax within Improvement Area No. 2 shall be used as provided for in the Act, the Amended Improvement Area No. 2 Rate and Method and Resolution Nos. 23-1310 and 24-1460.
Section 6.The special tax within Improvement Area No. 2 shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make Item Title: 10.6
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes
Within
Improvement
Area
No.
2 of
Community
Facilities District No. 2023-2, Cimarron Ridge
Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
294 of 489
Ordinance Levying Special Taxes for Improvement Area No. 2 of CFD No. 2023-2 Ordinance No. 24-___
3 4876-1831-9570v4/200299-0021
corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7.As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds issued by the District for Improvement Area No. 2 (including any bonds issued to refund such Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on such Bonds (including any bonds issued to refund such Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax within Improvement Area No. 2, as authorized by the Act.
Section 8.The Mayor of the City shall sign this Ordinance and the City Clerk or any Acting City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.
Section 9.The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10.The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts that are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11.This Ordinance supersedes Ordinance No 23-372 adopted on May 3, 2023, with respect to Improvement Area No. 2. All other provisions on Ordinance No. 23-372 remain in full force and effect.
Section 12.A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 13.This Ordinance shall take effect thirty days after its final passage.
Item Title: 10.6
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes
Within
Improvement
Area
No.
2 of
Community
Facilities District No. 2023-2, Cimarron Ridge
Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
295 of 489
Ordinance Levying Special Taxes for Improvement Area No. 2 of CFD No. 2023-2 Ordinance No. 24-___
4 4876-1831-9570v4/200299-0021
This Ordinance was introduced and read on the 21st day of August, 2024 and APPROVED AND ADOPTED this 4th day of September, 2024.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.6
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes
Within
Improvement
Area
No.
2 of
Community
Facilities District No. 2023-2, Cimarron Ridge
Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
296 of 489
CITY OF MENIFEE
SUBJECT: Confidential Employee Salary and Benefits
MEETING DATE: September 4, 2024
TO: Mayor and City Council
PREPARED BY: Bryan Melton, Human Resources Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution establishing the salary and benefits of unrepresented confidential employees for the period of July 1, 2024, through June 30, 2027; and
2. Adopt a resolution approving the Classification and Compensation Plan known as the Authorized Position Listing.
DISCUSSION
The City of Menifee has confidential unrepresented full-time employees in the City Executive Office, Finance, Human Resources, and Police Department who are not covered under an approved employee association Memorandum of Understandings (MOU). Employees serving in confidential job classifications are privy to decisions of the City Council or management affecting employer-employee relations, as such they are prohibited from being a part of a recognized labor organization.
It has been the City’s practice to provide confidential employees with the same salary and benefits afforded to the employees in their respective associations. The job classification family for the Executive Assistant and Technician classifications are tied to the General Unit benefits, Analyst classifications tied to the Professional Unit benefits, and Managers and Principal level classifications tied to the Mid-Management Unit benefits. The adoption of the proposed resolution would formalize the City’s current practice in establishing the salary and benefits provided to confidential employees. These classifications include the following:
1. City Executive Office
•Assistant to the City Manager
•Executive Assistant
•Management Analyst I/II
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 1
Menifee Mayor and City Council
September 4, 2024
Page
297 of 489
City of Menifee Staff Report
Confidential Employee Salary and Benefits
September 4, 2024
2 3
3 3
•Public Information & Legislative Affairs Officer
2. Finance Department
•Finance Manager (Payroll)
•Principal Accountant (Budget)
3. Human Resources Department
•Human Resources Assistant
•Human Resources Analyst
•Human Resources Technician
•Human Resources Manager
4. Police Department
•Executive Assistant
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
A portion of the salary and benefits adjustments matching the MCEA MOUs are included in the City’s adopted budget for Fiscal Year (FY) 2024/2025. The portion not included in the FY 2024/25 budget would be addressed during the mid-year budget review depending on vacancies and other factors. The compensation schedule (Authorized Position Listing & Compensation) shall be adjusted accordingly. No additional budget appropriation is required.
ATTACHMENTS
1. Resolution - Confidential Employee Salary and Benefits Resolution
2. Resolution – Classification and Compensation Plan
3. Exhibit A – Authorized Position and Compensation Listing Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
298 of 489
1 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ESTABLISHING THE SALARY AND BENEFITS OF UNREPRESENTED
CONFIDENTIAL EMPLOYEES
WHEREAS, the City of Menifee (“City”) has successfully negotiated a Memorandum of Understanding (“MOU”) for a three-year term commencing on July 1, 2024 with the following bargaining units that represent full-time City employees:
(1) the Menifee City Employees’ Association General Unit; (2) the Menifee City Employees’ Association Professional Unit; and (3) the Menifee City Employees’ Association Mid-Management Unit (collectively, “represented employees”); and
WHEREAS, the City has unrepresented full-time confidential employees who are not covered under an approved MOU with a recognized employee labor organization, including classifications in the following departments:
•City Executive Office: Assistant to the City Manager, Management Analyst I/II, Executive Assistant, and Public Information & Legislative Affairs Officer; •Finance Department: Finance Manager (Payroll) and Principal Accountant (Budget); •Human Resources Department: Human Resources Manager, Human Resources Analyst, Human Resources Technician, and Human Resources Assistant; and •Police Department: Executive Assistant (collectively, “confidential employees”); and WHEREAS, Confidential employees include those who, in the course of their duties, are (1) privy to decisions of the City Council or management affecting employer-employee relations, or (2) whose duties require access to confidential information contributing significantly to the development of management positions relating to the City’s employer-employee relations; and WHEREAS, the City Council recognizes the importance of maintaining equitable and competitive employment terms for all City employees, both represented and confidential employees; and WHEREAS, the City Council wishes to extend the cost-of-living adjustments and other benefits provided in the MOUs for represented employees to the confidential employees as follows:
(1) Confidential employees serving in the Executive Assistant, Human Resources Technician, and Human Resources Assistant classifications shall receive the cost-of- living adjustments and other benefits made available to the Menifee City Employees’ Association General Unit under the three-year MOU commencing on July 1, 2024; and (2) Confidential employees serving in the Management Analyst I/II and Human Resources Analyst classifications shall receive the cost-of-living adjustments and other benefits made available to the Menifee City Employees’ Association Professional Unit under the three-year MOU commencing on July 1, 2024; and
(3) Confidential employees in the Assistant to the City Manager, Public Information & Legislative Affairs Officer, Finance Manager (Payroll), Principal Accountant (Budget), and Human Resources Manager classifications shall receive the cost-of-living adjustments and other benefits made available to the Menifee City Employees’ Association Mid-Management Unit under the three-year MOU commencing on July 1, 2024; and
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
299 of 489
Confidential Employee Salary and Benefits
2 4
9 2
1 9
WHEREAS, extending these cost of living adjustments and other benefits to confidential employees will support the City’s goal of retaining and attracting highly qualified personnel to serve the community of Menifee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California as follows:
Section 1.The City Council affirms its intent to establish and maintain a Compensation Plan that attracts and retains skilled management, technical, and professional employees, promotes efficiency and economy, and supports the selection, maintenance, and compensation of employees designated herein based on merit, skill, and internal equity for both represented and unrepresented confidential employees.
Section 2.Confidential employees serving in the following classifications shall receive the cost-of- living adjustments and other benefits provided to the Menifee City Employees’ Association General Unit under the three-year MOU commencing on July 1, 2024:
A.Executive Assistant
B.Human Resources Technician
C.Human Resources Assistant
Section 3.Confidential employees serving in the following classifications shall receive the cost-of- living adjustments and other benefits provided to the Menifee City Employees’ Association Professional Unit under the three-year MOU commencing on July 1, 2024:
A.Management Analyst I/II
B.Human Resources Analyst
Section 3.Confidential employees serving in the following classifications shall receive the cost-of- living adjustments and other benefits provided to the Menifee City Employees’ Association Mid- Management Unit under the three-year MOU commencing on July 1, 2024:
A.Assistant to the City Manager
B.Finance Manager (Payroll)
C.Human Resources Manager
D.Principal Accountant (Budget)
E.Public Information & Legislative Affairs Officer
PASSED, APPROVED, AND ADOPTED this Day day of Month, Year ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
300 of 489
Confidential Employee Salary and Benefits
3 4
9 2
1 9
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
301 of 489
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF MENIFEE FOR FISCAL YEAR 2024/2025
WHEREAS, it is necessary to amend the City’s Classification and Compensation plan from time to time to maintain a current plan which reflects the organizational structure, workload, or otherwise; and
WHEREAS, the Classification and Compensation Plan has been updated to reflect changes related to the approval of a resolution establishing the salary and benefits of unrepresented confidential employees; and
WHEREAS, the Classification and Compensation Plan, including the schedule of authorized positions, attached hereto, is hereby adopted pursuant to Section 45001 of the California Government Code; such list is attached to this Resolution as “Exhibit A” and incorporated herein by this reference; and
WHEREAS, the changes to the Classification and Compensation Plan as related to the budget require Council approval; and
WHEREAS, the Classification and Compensation Plan shall become effective July 1, 2024, and may be, thereafter, amended; and
WHEREAS, the City Manager shall implement the attached Classification and Compensation Plan and has the authority to select and appoint employees in accordance with the City’s Personnel Rules and Regulations; and
WHEREAS, the City Manager in accordance with the City of Menifee Municipal Code Section
2.08.060(B), shall administer the City personnel system; this resolution specifically authorizes the City Manager to establish, fix and alter job classifications including titles, descriptions, compensation and number of positions in the Classification and Compensation Plan as needed, subject to the total personnel expenditure budget limitations approved by the City Council, and in accordance with the provisions of Gov. Code 3500 et. seq., if applicable; and WHEREAS, all prior resolutions and parts of this resolution in conflict with this resolution are hereby rescinded.
NOW, THEREFORE, BE IT RESOLVED that the City of Menifee, California, does hereby determine and order as follows:
Section 1: The City Council hereby does adopt the Classification and Compensation Plan effective July 1, 2024 as presented herewith.
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
302 of 489
Classification and Compensation Resolution for FY2024-25 PASSED, APPROVED AND ADOPTED this 21st DAY OF AUGUST, 2024.
Bill Zimmerman, Mayor
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to form:
Jeffrey A. Melching, City Attorney
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
303 of 489
Effective 07/01/2024
Department Title Classification Group FTE Step From Step To Council Council Member1
Elec Elected n/a n/a $ 22,800.00
Council Council Member1
Elec Elected n/a n/a $ 22,800.00
Council Council Member1
Elec Elected n/a n/a $ 22,800.00
Council Council Member1
Elec Elected n/a n/a $ 22,800.00
Council Mayor1
Elec Elected n/a n/a $ 24,000.00
City Executive Office City Manager Contract 1.0 n/a - n/a 22,358$ 3 City Executive Office Assistant City Manager Contract 1.0 625 $ 206,612 675 65,130$ 2 City Executive Office Deputy City Manager Contract 1.0 615 $ 196,560 665 52,231$ 2 City Executive Office Assistant to the City Manager Conf 1.0 525 $ 125,473 575 61,010$ 1 City Executive Office Management Analyst Conf 1.0 443 3,355$ 8 493 06,963$ 1 City Executive Office Executive Assistant Conf 1.0 387 3,042$ 6 437 $ 80,898 Communications Public Information & Legislative Affairs O fficer Conf 1.0 535 $ 131,889 585 69,244$ 1 Communications Media & Production Coordinator Gen 1.0 432 8,905$ 7 482 01,253$ 1 Communications Public Information Specialist Gen 1.0 405 8,964$ 6 455 $ 88,496 Communications Media Specialist Gen 1.0 405 8,964$ 6 455 $ 88,496 City Clerk City Clerk Contract 1.0 579 $ 164,254 629 10,775$ 2 City Clerk Assistant City Clerk Prof 1.0 462 1,640$ 9 512 17,595$ 1 City Clerk Management Analyst Prof 1.0 443 3,355$ 8 493 06,963$ 1 City Clerk Administrative Assistant Gen 1.0 367 7,057$ 5 417 $ 73,217 City Clerk Records Technician Gen 1.0 347 1,640$ 5 397 $ 66,266 City Clerk Receptionist Gen 1.0 284 7,716$ 3 334 $ 48,398 Code Enforcement Code Enforcement Supervisor Prof 1.0 449 5,887$ 8 499 10,213$ 1 Code Enforcement Senior Code Enforcement Officer Gen 2.0 430 8,122$ 7 480 00,248$ 1 Code Enforcement Code Enforcement Officer II Gen 2.0 409 0,354$ 7 459 $ 90,279 Code Enforcement Code Enforcement Officer I Gen 1.0 387 3,042$ 6 437 $ 80,898 Code Enforcement Code Enforcement Technician Gen 1.0 367 7,057$ 5 417 $ 73,217 Code Enforcement Office Specialist II Gen 1.0 318 4,686$ 4 368 $ 57,343 CD: Planning Community Development Director Contract 1.0 605 $ 186,997 655 39,959$ 2 CD: Planning Deputy Community Development Director Contract 1.0 564 $ 152,414 614 95,582$ 1 CD: Planning Principal Planner Mid 2.0 516 $ 119,965 566 53,942$ 1 CD: Planning Senior Planner Prof 2.0 481 $ 100,749 531 29,284$ 1 CD: Planning Senior Management Analyst Prof 1.0 481 $ 100,749 531 29,284$ 1 CD: Planning Associate Planner Gen 3.0 449 5,887$ 8 499 10,213$ 1 CD: Planning Management Analyst II Prof 1.0 462 1,640$ 9 512 17,595$ 1 CD: Planning Management Aide (Part-Time)(Limited Term) PT 0.5 405 8,964$ 6 455 $ 88,496 CD: Planning Assistant Planner Gen 2.0 430 8,122$ 7 480 00,248$ 1 CD: Planning Planning Technician Gen 1.0 395 5,609$ 6 445 $ 84,191 CD: Planning Administrative Assistant Gen 1.0 367 7,057$ 5 417 $ 73,217
CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2024-2025
Annual Salary Ranges2
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 8
Menifee Mayor and City Council
September 4, 2024
Page
304 of 489
Effective 07/01/2024
Department Title Classification Group FTE Step From Step To
CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2024-2025
Annual Salary Ranges2
CD: Building and Safety Building Official Mid 1.0 547 140,024$ 597 179,682$ CD: Building and Safety Building/Safety Manager Mid 1.0 525 125,473$ 575 161,010$ CD: Building and Safety Plans Examiner II Gen 2.0 453 87,618$ 503 112,434$ CD: Building and Safety Senior Building Inspector Gen 1.0 443 83,355$ 493 106,963$ CD: Building and Safety Management Analyst Prof 1.0 443 83,355$ 493 106,963$ CD: Building and Safety Permit Center Coordinator Prof 1.0 432 78,905$ 482 101,253$ CD: Building and Safety Building Inspector II Gen 1.0 432 78,905$ 482 101,253$ CD: Building and Safety Building Inspector Gen 3.0 420 74,321$ 470 95,371$ CD: Building and Safety Building Permit Technician II 3 Gen 1.0 409 70,354$ 459 90,279$
CD: Building and Safety Building Permit Technician Gen 2.0 395 65,609$ 445 84,191$ CD: Building and Safety Office Specialist II Gen 1.0 318 44,686$ 368 57,343$ C
ommunity Services Community Services Director Contract - 605 186,997$ 655 239,959$ Community Services Park/Landscape Maintenance Manager Mid 1.0 525 125,473$ 575 161,010$ Community Services Community Services Manager Mid 1.0 525 125,473$ 575 161,010$ Community Services Sr. Management Analyst Prof 1.0 481 100,749$ 531 129,284$ Community Services Community Services Supervisor Prof 1.0 449 85,887$ 499 110,213$ Community Services Management Analyst II Prof 1.0 462 91,640$ 512 117,595$ Community Services Management Analyst I Prof - 443 83,355$ 493 106,963$ Community Services Field Supervisor (Parks/Landscape) Prof 1.0 420 74,321$ 470 95,371$ Community Services Field Supervisor (Facilities) Prof 1.0 420 74,321$ 470 95,371$ Community Services Community Services Coordinator Gen 4.0 383 61,797$ 433 79,300$ Community Services Park Ranger Gen 2.0 383 61,797$ 433 79,300$ Community Services Sr. Park Maintenance Worker Gen 2.0 377 59,975$ 427 76,962$ Community Services Sr. Facility Maintenance Worker Gen 1.0 377 59,975$ 427 76,962$ Community Services Administrative Assistant Gen 1.0 367 57,057$ 417 73,217$ Community Services Park Maintenance Worker II Gen 7.0 360 55,100$ 410 70,705$ Community Services Facilities Maintenance Worker II Gen 1.0 360 55,100$ 410 70,705$ Community Services Office Aide (Part-Time) PT 0.5 269 30,206$ 319 46, 850$
Community Services Community Services Specialist (Part-Time) PT 2.25 326 46,505$ 376 46,850$ Community Services Part Time Pool Manager (Full Time Equivalents) PT 0.40 N/A 39,956$ N/A 46,403$ Community Services Part Time Lifeguard (Full Time Equivalents) PT 1.38 N/A 35,090$ N/A 40,747$ Community Services Part Time Water Safety Instructors (Full Time Equivalents) PT 2.60 N/A 37,440$ N/A 43,576$ Community Services Part Time Leader, Instructor, Maint. (Full Time Equivalents) PT 22.84 N/A 32,242$ N/A 46,403$ E
conomic Development Economic Development Director Contract - 595 177,899$ 645 228,285$ Economic Development Economic Development Manager Mid 1.0 525 125,473$ 575 161,010$ Economic Development Sr. Management Analyst Prof 1.0 481 100,749$ 531 129,284$ Economic Development Management Aide Gen 2.0 405 68,964$ 455 88,496$ Economic Development Office Specialist II Gen 1.0 318 44,686$ 368 57,343$ F
inance Chief Financial Officer Contract 1.0 605 186,997$ 655 239,959$ Finance ERP Project Administrative Svs. Director (Limited Term) Contract - n/a - n/a 221,874$ Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 9
Menifee Mayor and City Council
September 4, 2024
Page
305 of 489
Effective 07/01/2024
Department Title Classification Group FTE Step From Step To
CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2024-2025
Annual Salary Ranges2
Finance Deputy Finance Director Contract 1.0 564 152,414$ 614 195,582$ Finance Finance Manager5
Mid/Conf 2.0 534 131,233$ 584 168,402$
Finance Principal Accountant Mid/Conf 1.0 516 119,965$ 566 153,942$ Finance Financial Analyst Prof 1.0 481 100,749$ 531 129,284$ Finance Senior Accountant Prof 1.0 481 100,749$ 531 129,284$ Finance Senior Accountant (Budget & Grants) Prof 1.0 481 100,749$ 531 129,284$ Finance Accountant I Prof 1.0 443 83,355$ 493 106,963$ Finance Contract/Purchasing Specialist Gen 1.0 405 68,964$ 455 88,496$ Finance Senior Accounting Technician Gen 2.0 396 65,937$ 446 84,612$ Finance Accounting Technician II Gen 2.0 377 59,975$ 427 76,962$ Finance Contract/Purchasing Technician II Gen 1.0 377 59,975$ 427 76,962$ Finance Administrative Assistant Gen 1.0 367 57,057$ 417 73,217$ Finance Contract/Purchasing Technician I Gen 1.0 354 53,475$ 404 68,621$ Finance Accounting Technician I (Business License) Gen 1.0 354 53,475$ 404 68,621$ Finance Accounting Technician I Gen 2.0 354 53,475$ 404 68,621$ Finance Accounting Assistant Gen - 330 47, 442$ 380 60,879$ Finance Cashier Gen 1.0 318 44,686$ 368 57,343$
Hum
an Resources Human Resources Director Contract 1.0 605 186,997$ 655 239,959$ Human Resources Deputy Human Resources Director Contract - 564 152,414$ 614 195,582$ Human Resources Human Resources Manager Conf 1.0 534 131,233$ 584 168,402$ Human Resources Human Resources Analyst Conf 2.0 462 91,640$ 512 117,595$ Human Resources Human Resources Analyst (Risk/Emergency Mgmt.) Conf 1.0 462 91,640$ 512 117,595$ Human Resources Human Resources Technician (Risk/Emergency Mgmt.) Conf 1.0 377 59,975$ 427 76,962$ Human Resources Human Resources Technician Conf 2.0 377 59,975$ 427 76,962$ Human Resources Human Resources Assistant Conf 1.0 340 49,869$ 390 63,993$ I
nformation Technology Chief Information Officer Contract 1.0 605 186,997$ 655 239,959$ Information Technology Information Technology Manager Mid 1.0 525 125,473$ 575 161,010$ Information Technology Information Technology Manager (Cybersecurity) Mid 1.0 525 125,473$ 575 161,010$ Information Technology Geographic Information System Coordinator5 Prof 1.0 481 100,749$ 531 129,284$
Information Technology Audio Visual (AV) System Coordinator5 Prof 1.0 481 100,749$ 531 129,284$
Information Technology Information Technology Analyst Prof 3.0 462 91,640$ 512 117,595$ Information Technology Management Analyst II Prof 1.0 462 91,640$ 512 117,595$ Information Technology Information Technology Technician 5 Gen 3.0 396 65,937$ 446 84,612$
Information Technology Geographic Information System Technician 5 Gen 2.0 396 65,937$ 446 84,612$
Information Technology Audio Visual (AV) System Technician5 Gen 1.0 396 65,937$ 446 84,612$
Fire Fire Permit Technician Gen 1.0 395 65,609$ 445 84,191$ Fire Office Specialist II Gen - 318 44,686$ 368 57,343$ Police Chief of Police Contract 1.0 PC625 208,677$ PC675 267,780$ Police Police Captain PMA 2.0 P587 153,484$ P637 196,955$ Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 10
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Effective 07/01/2024
Department Title Classification Group FTE Step From Step To
CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2024-2025
Annual Salary Ranges2
Police Police Lieutenant PMA 5.0 P557 132,155$ P607 169,584$ Police Police Support Services Manager Mid 1.0 525 125,473$ 575 161,010$ Police Police Sergeant PMA 11.0 P518 108,794$ P568 139,608$ Police Budget and Grants Analyst Prof 1.0 481 100,749$ 531 129,284$ Police Senior Police Personnel & Training Analyst 5
Prof 1.0 481 100,749$ 531 129,284$
Police Crime Analyst Prof 1.0 462 91,640$ 512 117,595$ Police Police Officer POA 74.0 P467 84,360$ P517 108,253$ Police Police Records Supervisor Prof 1.0 430 78,122$ 480 100,248$ Police Sr. Community Service Officer PEA Misc 1.0 429 74,744$ 479 95,913$ Police Crime Scene/Property & Evidence Specialist PEA Misc 2.0 420 71,463$ 470 91,703$ Police Community Service Officer II PEA Misc 6.0 409 67,648$ 459 86,807$ Police Investigative Specialist II PEA Misc 3.0 409 67,648$ 459 86,807$ Police Community Engagement Specialist PEA Misc 1.0 405 66,311$ 455 85,093$ Police Executive Assistant Conf 1.0 387 63,042$ 437 80,898$ Police Sr. Police Records Technician PEA Misc 1.0 397 63,718$ 447 81,764$ Police Property Room Technician PEA Misc 1.0 377 57,668$ 427 74,002$ Police Police Records Technician PEA Misc 5.0 377 57,668$ 427 74,002$ Police Administrative Assistant PEA Misc 1.0 367 54,863$ 417 70,401$ Police Cadets (Part-Time) N/A 2.0 N/A 17, 534$ N/A 20,363$ Public Works/Engineering Director of Public Works and Engineering Contract 1.0 605 186,997$ 655 239,959$ Public Works/Engineering Deputy Director of Public Works/City Engineer Contract 1.0 570 157,044$ 620 201,523$ Public Works/Engineering Engineering Manager (Capital Improvement Program) Mid 1.0 564 152,414$ 614 195, 582$
Public Works/Engineering Assistant City Engineer Mid 1.0 547 140,024$ 597 179,682$ Public Works/Engineering Principal Engineer Mid 2.0 534 131,233$ 584 168,402$ Public Works/Engineering Public Works Manager Mid 1.0 525 125,473$ 575 161,010$ Public Works/Engineering Construction Manager Mid 1.0 516 119,965$ 566 153,942$ Public Works/Engineering Senior Engineer (Part-Time) Prof - 504 112,996$ 554 144,999$ Public Works/Engineering Senior Engineer Prof 3.0 504 112,996$ 554 144,999$ Public Works/Engineering Project Manager Gen 1.0 481 100,749$ 531 129,284$ Public Works/Engineering Associate Engineer Gen 5.0 481 100,749$ 531 129,284$ Public Works/Engineering Financial Analyst Prof 1.0 481 100,749$ 531 129,284$ Public Works/Engineering Senior Public Works Inspector Gen 2.0 462 91,640$ 512 117,595$ Public Works/Engineering Fleet & Equipment Supervisor Prof 1.0 449 85,887$ 499 110,213$ Public Works/Engineering Public Works Maintenance Supervisor Prof 1.0 449 85,887$ 499 110,213$ Public Works/Engineering Assistant Engineer Gen 1.0 443 83,355$ 493 106,963$ Public Works/Engineering Management Analyst II Prof 1.0 462 91,640$ 512 117,595$ Public Works/Engineering Management Analyst I Prof 1.0 443 83,355$ 493 106,963$ Public Works/Engineering Public Works Inspector II Gen 2.0 430 78,122$ 480 100,248$ Public Works/Engineering Public Works Inspector I Gen 1.0 409 70, 354$ 459 90,279$
Public Works/Engineering Senior Fleet Technician Gen 1.0 420 74,321$ 470 95,371$ Public Works/Engineering Fleet Technician Gen 1.0 395 65,609$ 445 84,191$ Public Works/Engineering Engineering Technician II Gen 1.0 415 69,700$ 465 89,441$ Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 11
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September 4, 2024
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Effective 07/01/2024
Department Title Classification Group FTE Step From Step To
CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2024-2025
Annual Salary Ranges2
Public Works/Engineering Engineering Technician I Gen 1.0 395 65,609$ 445 84,191$ Public Works/Engineering Senior Street Maintenance Worker Gen 2.0 377 59,975$ 427 76,962$ Public Works/Engineering Senior Street Maintenance Worker (Heavy Equipment) Gen 1.0 377 59,975$ 427 76,962$ Public Works/Engineering Management Aide Gen 1.0 405 68,964$ 455 88,496$ Public Works/Engineering Administrative Assistant Gen 1.0 367 57,057$ 417 73,217$ Public Works/Engineering Street Maintenance Worker II Gen 9.0 360 55,100$ 410 70,705$ Public Works/Engineering Fleet Services Worker I Gen 1.0 340 49,869$ 390 63,993$ Public Works/Engineering Street Maintenance Worker I Gen 2.0 340 49,869$ 390 63,993$ Public Works/Engineering Office Specialist II Gen 1.0 318 44,686$ 368 57,343$ TOTAL BUDGETED POSITIONS 332.5
Group Key:
Elec: Elected POA: Police Officers
Appt: Appointed PEA Misc: Police Employee Miscellaneous Unit Nonrep: Non-Represented Prof: Professional
Conf: Confidential Gen: General
Mid: Mid-Management PT: Part-Time
PMA: Police Management
1Council Member compensation increases will be effective following certification of the November 2024 election. 2COLA increases for the Police Department employee associations, if applicable, will be determined at a later date after negotiations are complete. 3Approved under City Manager authority in FY 2023-24.
4The salary ranges reflected in FY 2024-25 mid-cycle budget document were inadvertently adjusted. The corrected figures are reflected here. 5Bargaining group association updated to align with memorandum of understanding for the City Employee Associations and the Resolution establishing the salary and benefits of unrepresented confidential employees (August 7, 2024 and August 21, 2024).
Item Title: 10.7
Confidential Employee Salary and Benefits
Item Page Number: 12
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CITY OF MENIFEE
SUBJECT: Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications
MEETING DATE: September 4, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Railway Crossing Agreement between the City of Menifee, Riverside County Transportation Commission, and KB Home Coastal Inc. for railway modifications located at the intersection of Menifee Road and Matthews Road and associated with Tract Map 29835.
DISCUSSION
KB Home Coastal Inc., a Delaware Limited Liability Company, is the developer of the Underwood development, Tract 29835, a subdivision of 235.1 gross acres into 514 lots for residential purposes. The tract is located north of Chambers Avenue and east of Antelope Road as depicted in the attached Project Map.
As part of the development requirements, KB Home Coastal Inc. (“Developer”), was required to construct offsite streets and drainage improvements at the intersection of Menifee Road and Matthews Road in the City of Menifee. The improvements included lane widening on Menifee Road approaching its intersection with Matthews Road and short-term modifications to an inactive rail crossing owned and maintained by the Riverside County Transportation Commission (RCTC).
The Developer’s plans for the rail crossing modification were reviewed and approved by both RCTC and City staff. The short-term modifications included removal of existing in-ground steel rails in the project area to allow for a smooth vehicle path of travel near the Menifee Road and Matthews Road intersection. Outdated rail crossing gates were also removed from the location.
As part of the modification project, RCTC required the Developer to deposit a sum of $450,000 to support future restoration of the rail crossing. The funds are being held by RCTC until such time as the rail system is reactivated in this area. The attached Railway Crossing Agreement (“Agreement”) between the City, RCTC and the Developer outlines the terms, rights, and Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 1
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City of Menifee Staff Report
Railway Crossing Agreement TM29835 Offsite
September 4, 2024
2 3
1 1
obligations of RCTC and the Developer, and facilitates the short-term and long-term improvements for the crossing.
Staff has reviewed the Agreement and determined that it meets the requirements of the Project’s conditions of approval. It is important to note that while the City is a party to the Agreement, there is no financial commitment required from the City as part of the Agreement.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits to cover the costs of the review of the Agreement. Ongoing maintenance costs for lane improvements at Menifee Road and Matthews Road would be supported through approved Fiscal Year 2024/2025 operating budgets under street maintenance and striping and marking within the Gas Tax Street Maintenance Fund (2200-PWD-STMA- 652600/652603). RCTC, as the rail system owner, would be responsible for the maintenance of any future rail crossing restored at this location.
ATTACHMENTS
1. Project Map
2. Agreement
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 2
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PROJECT MAP
VICINITY MAP
Rail Crossing and Offsite
Improvements
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 3
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4852-7708-4773.3
Agreement No. 24-33-103-00
RAILWAY CROSSING AGREEMENT
BETWEEN THE CITY OF MENIFEE, RIVERSIDE COUNTY TRANSPORTATION COMMISSION, AND KB HOME COASTAL INC.
This RAILWAY CROSSING AGREEMENT BETWEEN THE CITY OF MENIFEE,
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, AND KB HOME COASTAL INC. ( “Railway Crossing Agreement ”) is entered into as of ___________, 2024 ( “Effective Date”), by and between the CITY OF MENIFEE, a California municipal c orporation (“City”), RIVERSIDE COUNTY TRANSPORTATION COMMISSION ( “RCTC”), and KB HOME
COASTAL INC
., a California corporation (“KB Home”). The City, RCTC, and KB Home may be referred to herein individually as a “Party,” or collectively as the “Parties.”
RECITALS
A. The existing railway right-of-way and associated improvement s, depicted in Exhibit “A,” attached hereto and incorporated herein by reference, is owned, and controlled by RCTC and traverses a portion of the City (“Railway”). The Railway within the City is maintained by and not currently in use by RCTC or any other person or enti ty. While the Railway is not currently active, it is certified with the U.S. Department of T ransportation Federal Railroad Administration and identified as Railway Crossing 027358A and C alifornia Public Utility Commission Crossing Number 002X-24.50.
B. KB Home desires to make short-term modifications to a rail crossing that traverses the Railway (“Railway Crossing”) and has submitted plans for such short-term modifications (“Short-term Railway Crossing Modifications ”) to the County of Riverside and the City (“Plans”). The Short -term Railway Crossing Modification Plans are attached hereto a s Exhibit “B” and are incorporated herein by reference. The Short-term Rail way Crossing Modification Plans have been approved by the County of Riverside and the City.
C. RCTC desires to preserve its rights to use, enhance, and impr ove the Railway right- of-way in the future, including potentially extending commuter and/or freight rail service through the City. In the event RCTC desires to use the Railway in the future, long-term modifications to the Railway Crossing will be necessary (“Railway Crossing Improvement Project”).
D. The Parties acknowledge and ag ree that the estimated cost of the Railway Crossing Improvement Project is Four Hundred Fifty Thousand Dollars ($450,000).
E. KB Home has agreed to deposit with RCTC funds in the amount of Four Hundred Fifty Thousand Dollars ($450,000) for the Railway Crossing Impr ovement Project as part of the consideration for this Agreement, and as required by RCTC, all as further detailed herein.
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 4
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F. The Parties now desire to enter into this Railway Crossing A greement to set forth their mutual understanding and agreement with respect to the Sh ort-term Railway Crossing Modifications and the potential future Railway Crossing Improve ment Project, if such Railway Crossing Improvement is determined by RCTC to be necessary as a result of future use of the Railway.
AGREEMENT
NOW, THEREFORE, based upon the foregoing Recitals, which are in corporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. KB Home Agreements.
1.1 KB Home deposited the sum of Four Hundred Fifty Thousand Dollar s ($450,000) (“Railroad Improvement Funds”) with RCTC for the Railway Crossing Improvement Project.
RCTC agrees that the maximum contribution of funding by KB Home under this Railway Crossing Agreement shall be $450,000. This Section 1.1 does not prohibit RCTC from seeking grant funding for the Railway Crossing Improvement Project
1.2 Upon receipt of final approvals, including, without limitation, an accepted and approved GO-88 application submitted to the California Public U tility Commission (CPUC) by the City, KB Home hereby agrees to construct the Short-term Rai lway Crossing Modifications pursuant to the Plans in Exhibit “B,” which have been approved by the County of Riverside and by the City. Execution of this Railway Crossing Agreement constitutes RCTC approval of Plans as set for in Exhibit “B,” provided that any changes in the Plans as shown in Exhibit “B” shall be reviewed and approved by RCTC in writing and in its sole and ab solute discretion. Parties will work cooperatively to achieve plan approval within 30 days of execution of this Railway Crossing Agreement. KB Home shall cons truct the Short-term Railway Crossing Modifications within 60 days of approval of Plans, traffic control plans and issuance of the Right of Entry permit.
2. RCTC Agreements.
2.1 RCTC shall retain the Railroad Improvement Funds in the amou nt of Four Hundred Fifty Thousand Dollars ($450,000).
2.2 If RCTC determines in its sole and absolute discretion that the cost of the Railway Crossing Improvement Project will be less than Four Hundred Fifty Thousand Dollars ($450,000), RCTC shall present for payment the remainder of the Railroad Im provement Funds to KB Home following RCTC’s written notice to KB Homes that it has fully completed the Railway Crossing Improvement Project for a cost of less than $450,000.
2.3 In the event that RCTC determines in its sole and absolute disc retion the Railway Crossing Improvement Project is unnecessary, RCTC shall inform KB Homes in writing within a reasonable period of time that the Railway Crossing Improvement Project is unnecessary and RCTC shall present for payment the entirety of the Railroad Impr ovement Funds to KB Home within ten (10) business days of receipt of such notice from RCTC.
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 5
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2.4 RCTC shall use reasonable, good f aith efforts, in its sole and absolute discretion, to require future applicants/developers of projects that RCTC a nticipates, in its sole and absolute discretion, will impact or benefit from Right of Entries within the Railway Crossing Improvement Project, to contribute a fair share fee toward the cost of the Right of Entry for the Railway Crossing Improvement Project in the event the Railway Crossing Improvement Project becomes necessary. (a) In the event fair share fees are collected from future applican ts/developers prior to implementation of the Railway Crossing Improvement Project, such fair share fees shall be contributed by future applicants/developers in the form of cash deposits, submitted to RCTC prior to issuance of a Right of Entry and shall be reta ined by RCTC for the purpose of implementing the Railway Crossing Improvement Project. In the event RCTC collects any such cash deposits from future applicants/develope rs, RCTC shall, within a reasonable period of time following receipt of any such cash deposits, notify KB Home of the amount collected and allow KB Home the opportunity to reduc e the then-existing Railroad Improvement Funds by the amount collected.
(b) In the event future fair share fees for Right of Entries wit hin the Railway Crossing Improvement Project are collected by RCTC from future applicants/developers following design and construction of the Railway Crossing Impro vement Project, all fair share fees collected for the Railway Crossing Improvement Proje ct shall be collected by RCTC and dispersed to KB Home within a reasonable period of time following collection of such fees.
2.5 In the event RCTC collects fair share fees for Right of Entries within the Railway Crossing Improvement Project and RCTC provides written notice a pproved by the RCTC Board of Directors, in its sole and absolute discretion, that RCTC ha s abandoned the Railway Crossing Improvement Project, RCTC shall present for payment the Railroa d Improvement Funds to KB Home and any other cash deposits from other applicants/develope rs collected for the purpose of the Railway Crossing Improvement Project within thirty (30) bus iness days of written notice by RCTC to KB Homes stating RCTC’s unequivocal intent to abandon the Railway Crossing Improvement Project.
2.6 RCTC hereby agrees to review and process the Right of Entry in accordance with its standard policy and timeframe, to allow KB Home to design a nd construct the Short-term Railway Crossing Modifications pursuant to the Plans in Exhibit “B,” which have been approved by the County of Riverside and by the City.
3. Indemnification and Release.
3.1 KB Home shall indemnify, defend, and hold harmless the City, an d its officers, officials, employees, agents, representatives, contractors, successors and assigns (collectively, the “City Indemnitees”) from and against any and all claims, demands, causes of action, obligations, setoffs, liabilities, losses, injuries and damages of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, l iquidated or unliquidated (collectively, “Claims”) that may be asserted or claimed by any person or entity arisi ng in any way out of the City ’s activities under this Railway Crossing Agreement, whether or not there is concurrent passive negligence on the part of City Indemnitees, but excluding such Claims to the Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 6
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extent they arise from the active negligence or willful misconduct of a City Indemnitees or the acts of independent third parties. KB Home shall indemnify, defend and hold harmless RCTC, and its officers, officials, employees, agents, representatives, contra ctors, successors and assigns (collectively, the “RCTC Indemnitees”) from and against any and all Claims that may be asserted or claimed by any person or entity arising in any way out of RCTC’s activities under this Railway Crossing Agreement, whether or not there is concurrent passive negligence on the part of RCTC Indemnitees, but excluding such Claims to the extent they arise from the active negligence or willful misconduct of a RCTC Indemnitees or the acts of independent third parties.
3.2 City shall indemnify, defend and hold harmless KB Home, and its officers, officials, employees, agents, representatives, contractors, suc cessors and assigns (collectively, “KB Home Indemnitees”) from and against any and all Claims that may be asserted or c laimed by any person or entity arising in any way out of the City’s activities under this Railway Crossing Agreement, whether or not there is concurrent passive negligence on the part of City Indemnitees, but excluding such Claims to the extent they arise from the active negligence or willful misconduct of City Indemnitee or the acts of independent third parties. City shall indemnify, defend and hold harmless RCTC Indemnitees from and against any and all Claims that may be asserted or claimed by any person or entity arising in any way out of the City’s activities under this Railway Crossing Agreement, whether or not there is concurrent passive negligence on the part of City Indemnitees, but excluding such Claims to the extent they arise from the active negligence or willful misconduct of City Indemnitees or the acts of independent third parties.
4. Miscellaneous
4.1 Notices. All notices, transmittals of documentation and other writings required or permitted to be delivered or transmitted to either of the parti es under this Railway Crossing Agreement shall be personally served or deposited in a United S tates mail depository, first class postage prepaid, and addressed as follows:
If to the City: City of Menifee
29844 Haun Road
Menifee, CA 92586
If to RCTC: Riverside County Transportation Commission
4080 Lemon Street, Third Floor
Riverside, CA 92501
If to KB Home: KB Home Coastal Inc.
Attn: Vernell Williams
36310 Inland Valley Drive, Suite 300
Wildomar, CA 92595
or such other addresses any Party may direct to the other Parti es in writing. All such notices and communications shall be deemed to have been duly given when del ivered by hand, if personally delivered. Except where service is by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in the United States mail depository.
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 7
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4.2 Assignment. During the term of this Railway Crossing Agreement , any of the Party’s rights and obligations may be assigned, transferred, or other wise conveyed to any third party upon notice to the Parties, on condition that such assign ee or transferee agrees in writing to assume all of the obligations and requirements of the Party und er this Railway Crossing Agreement.
4.3 No Third Party Beneficiaries. Nothing expressed or mentioned i n this Railway Crossing Agreement is intended or shall be construed to give an y person, other than the Parties hereto and their respective authorized successors and assigns, any legal or equitable right, remedy or claim under or in respect to this Railway Crossing Agreement or any of the provisions contained herein. This Railway Crossing Agreement and each and every condition and provision hereof are intended to be for the sole and exclusive benefit of the Partie s and their respective authorized successors and assigns, and for the benefit of no other person or entity.
4.4 Governing Law. This Railway Crossing Agreement shall be govern ed by and construed in accordance with the laws of the State of Californi a applicable to agreements made and to be performed within the State.
4.5 Waiver; Remedies. No failure on the part of any Party hereto t o insist upon or demand the strict performance by any other Party of any covenan t, term, condition or promise of this Railway Crossing Agreement, or to exercise any right or re medy as a result of any breach of the Railway Crossing Agreement, shall constitute a continuing w aiver of any such breach or of any such covenant, term, condition, promise, right or remedy. No waiver of any breach shall in any way affect, alter, or modify this Railway Crossing Agreemen t, but each and every covenant, term, condition and promise of this Railway Crossing Agreement shall continue in full force and effect. No single or partial exercise of any right, remedy, po wer, or privilege under this Railway Crossing Agreement shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege under this Railway Crossing Agreement.
4.6 Status of the Parties. Nothing in this Railway Crossing Agreem ent shall be construed to make the Parties joint venturers or partners, or to create any relationship of principal and agent, and the Parties specifically disavow such relationships.
4.7 Interpretation. This Railway Crossing Agreement has been negot iated at arms ’ length between persons sophisticated and knowledgeable in the m atters addressed herein, and all Parties have had the opportunity to consult with legal counsel of each Party’s choosing regarding this Railway Crossing Agreement. Accordingly, any rule of law (including California Civil Code § 1654) or legal decision that would require interpretation of t his Railway Crossing Agreement against the drafter hereof is not applicable and is waived.
4.8 Entire Agreement. This Railway Crossing Agreement is intended by the Parties as a final expression of their agreement and is intended to be a c omplete and exclusive statement of the agreement and understanding of the Parties hereto with respect to the subject matter contained herein. There are no restrictions, promises, warranties, or un dertakings relating to the subject matter of this Railway Crossing Agreement, other than those set forth or referred to herein.
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 8
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4.9 Warranty of Authority. Each officer of the Parties affixing hi s or her signature below thereby warrants and represents that he or she has the lu ll legal authority to bind his or her respective party to all of the terms, conditions and provisions of this Railway Crossing Agreement; that his or her respective party has the full legal right, powe r, capacity and authority to enter into this Railway Crossing Agreement and perform all the obligations herein; and that no other approvals or consents are necessary in connection therewith.
4.10 Modifications. Neither this Railway Crossing Agreement nor any provision hereof may be changed, waived, discharged, or terminated orally or in writing, except that any provision of this Railway Crossing Agreement may be amended by a writing signed by Parties.
4.11 Headings. The headings in this Railway Crossing Agreement are for convenience of reference only, and shall not limit or otherwise affect the meaning of this Railway Crossing Agreement.
4.12 Successors and Assigns. Subject to Section 5.2 above, this Rai lway Crossing Agreement shall inure to the benefit of, and be binding upon th e Parties and their respective successors and assigns.
4.13 Exhibits. This Railway Crossing Agreement contains exhibits, attached hereto and made a part hereof by this reference. Said exhibits are identified as follows:
A. Location of Railway
B. Short-term Railway Crossing Modifications Plans
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 9
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IN WITNESS
WHEREOF, the Parties hereto have entered into this Railway Crossing Agreement as of the date first written above.
CITY OF MENIFEE,
a California municipal corporation
By:
Armando G. Villa, City Manager
ATTEST:
Stephanie Roseen, Acting City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Jeffrey Melching, City Attorney, City of Menifee
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 10
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RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
By:
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
Counsel to the Riverside County
Transportation Commission
KB HOME COASTAL, INC.,
a California Corporation
By: _____________________________________
Vernell Williams, Director, Forward Planning
ROVVVVEDEDDEDEDDDEDEDEDDDDEDEDEDDDDEEDEDDEEDEEEDDDEDEDDEDDDEEDDDDDDEEEDDDDEDDDD AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAS TOTOOTOTOTOTOOOTOTOTOTOTOOOTOTOOOTOOTOOTOTOOOOOOTOOOTOTOTOOTOOTTOTOOTTTTTTTTTTTTTTTTTTTTTT FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFOROROROROROOROOROROOOROOOROOOROOOOROOOROOOORROORRORORRROORRROORRORRROOOORRORRROOOOROOOOOOOOOOOOOO M:MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM Williams, Vernell
Digitally signed by Williams, Vernell
DN: CN="Williams, Vernell", OU=PSync, OU=Office,
OU=Users, OU=Wildomar, OU=Southern-California,
OU=Pacific, DC=kbhc, DC=corp, DC=kbhome, DC=com
Reason: I am approving this document
Date: 2024.07.05 15:28:19-07'00'
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 11
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Exhibit A
Railway Location
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 12
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105 ft
100 ft
10 ft
10 ft
Map Version 2 Date: 5/20/2021
Document Path: C:\Users\KelseyKaszas\OneDrive - Epic Land Solutions Inc\GIS\Projects\RCTC\Exhibit Map\KB_Homes_ROE.mxd
EXHIBIT 'A'
APN 331-250-004 & 331-280-002
Menifee, CA
²0 50 10025
Feet
KB Homes Right-of-Entry
RCTC R/W
This map was created using the best data available at the time of production. Epic Land Solutions Inc. assumes no responsibility for the accuracy of third party information. This map is intended for data visualization only and should not serve as the basis for any legal action or be used for engineering purposes.
Epic Land Solutions, Inc.
331-250-004
331-280-002
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 13
Menifee Mayor and City Council
September 4, 2024
Page
321 of 489
2774/031858-0006
12235399.3 a06/13/24 -1-
4852-7708-4773.3
Exhibit B
Plans for Short-term Railway Crossing
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 14
Menifee Mayor and City Council
September 4, 2024
Page
322 of 489
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 15
Menifee Mayor and City Council
September 4, 2024
Page
323 of 489
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 16
Menifee Mayor and City Council
September 4, 2024
Page
324 of 489
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 17
Menifee Mayor and City Council
September 4, 2024
Page
325 of 489
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 18
Menifee Mayor and City Council
September 4, 2024
Page
326 of 489
Item Title: 10.8
Agreement with Riverside County Transportation Commission and KB Coastal, Inc. for Railway Modifications Item Page Number: 19
Menifee Mayor and City Council
September 4, 2024
Page
327 of 489
CITY OF MENIFEE
SUBJECT: Agreement Amendment with Southstar Engineering & Consulting, Inc., for Construction Management Services for the Holland Road/I-215 Overcrossing Project
MEETING DATE: September 4, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Southstar Engineering & Consulting, Inc. increasing the compensation by $228,000 for a total agreement amount not-to-exceed $4,628,642.74, for the Holland Road / I-215 Overcrossing Project, Capital Improvement Program Project No. CIP 13-03.
DISCUSSION
The Holland Road / I-215 Overcrossing, Capital Improvement Program (CIP) Project No. 13-03 (“Project”), is the construction of a new four-lane bridge over Interstate 215 (I-215) from Haun Road to Hanover Lane to provide a connection between the City’s east and west sides.
Construction of the Project requires installation of mechanically stabilized earth retaining walls on the east side, improvements to drainage, irrigation, landscaping, and the installation of traffic signals on Holland Road at Haun Road and Hanover Lane.
On November 3, 2021, the City Council approved a Professional Service Agreement (PSA) with Southstar Engineering and Consulting Inc. (Southstar) to provide construction management and inspection services for the Project. At the time of the PSA execution, it was anticipated that the construction phase of the Project would commence in October 2022 and be completed by April 2024.
On November 15, 2023, the City Council approved Amendment No.1 to the original agreement with Southstar for additional compensation in the amount of $1,152,405.31 and extended the agreement terms through December 31, 2024. The increased compensation approved in Amendment No.1 was necessary to cover the additional services resulting from Project schedule Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 1
Menifee Mayor and City Council
September 4, 2024
Page
328 of 489
City of Menifee Staff Report
CIP 13-03 Southstar Amendment 2
September 4, 2024
2 2
9 6
delays due to unforeseen field conditions, unknown utilities encountered during the installation of sewer and water mains, and weather delays. During this time, the prime construction contractor for the Project, Riverside Construction Company, Inc., (“Contractor”) made three claims that they alleged prevented them from moving forward with the construction of the bridge foundations. The three claims included unknown subsurface conditions encountered beyond what was shown in the plans and specifications, material quantities within the Bid Schedule that were unclear, and the discovery of unknown underground utilities. The Contractor requested additional compensation and time-related overhead due to these claims. In accordance with Caltrans’ 2018 Standard Specifications, section 5-1.43E(1)(e), the Contractor’s claim (“dispute”) was referred to the Dispute Board Resolution (DRB) to request a dispute meeting. Establishment of a DRB is a requirement for all projects within Caltrans right-of-way and serves as a forum for the timely resolution of disputes which may arise during a project of this magnitude.
In April 2024, the DRB concluded their review of the dispute. The DRB board members concluded that there was no merit to the Contractor’s claims of unknown subsurface conditions beyond what was shown in the plans and specifications, as well as their claim that the material quantities within the Bid Schedule were unclear. The third claim of the discovery of unknown underground utilities was deemed valid by the DRB. This determination resulted in 51 working days being added to the Project’s timeline. An additional 11 working days were also added to the Project’s timeline to address delays resulting from a critical revision required for the waterline located inside the bridge structure. The additional working days for the Project were previously approved through Contract Change Order No. 10 and Contract Change Order No. 11.
The Project is now anticipated to be substantially completed by October 2024. As a result of the extension of the Project’s timeline, the scope of work for Southstar must also be increased to allow for continued construction management and inspection services. These services are critical to ensure proper technical oversight for delivery of a high-quality Project and to properly carry out the Project through completion of the construction phase and closeout.
Amendment No. 2 would increase Southstar’s agreement by $228,000, increasing the total not- to-exceed amount of the agreement to $4,628,624.74. Southstar’s amendment history for the Project is summarized in Table 1 below.
TABLE 1 – SOUTHSTAR AGREEMENT HISTORY
PSA Activity Approval Date Summary of Changes Value
Original Contract November 3, 2021
Construction Management
(CM) services $3,248,237.43
Amendment No. 1 November 15, 2023
Additional CM Services due
to unforeseen conditions $1,152,405.31
Amendment No. 2 TBD
Additional CM Services due
resolution of disputed time
delays $228,000.00
TOTAL $4,628,642.74
Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the original agreement amount, or that exceed the City Manager’s signing authority, shall be approved by the City Council.
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
329 of 489
City of Menifee Staff Report
CIP 13-03 Southstar Amendment 2
September 4, 2024
2 2
9 6
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed increase to Southstar’s agreement for construction management services is $228,000, for a total not-to-exceed agreement amount of $4,628,642.74.
Funding for the proposed increase is available within the prior fiscal year budgets within the Capital Fund (4320-PWD-CIPS-760000) and the Menifee Valley Road and Bridge Benefit District Fund (2415-PWD-CIPS-760000), as summarized in Table 2 below. No additional budget activity would be required for this action.
TABLE 2 – EXISTING PROJECT BUDGET
Project Account Numbered
Available
Budget
Amount
Requested
Holland Road/I-215
Overcrossing, CIP No. 13-03 4320-PWD-CIPS-760000 $166,759.72 $166,759.72 Holland Road/I-215
Overcrossing, CIP No. 13-03 2415-PWD-CIPS-760000 $335,043.66 $61,240.28 Total $501,803.38 $228,000.00
ATTACHMENTS
1. Project Location Map
2. Amendment No. 2 - Southstar
3. Original Agreement - Southstar
4. Amendment No. 1 – Southstar
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
330 of 489
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Haun Rd
Holland Rd
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
331 of 489
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
This is Amendment No. (“Amendment 1”) to that certain Professional Services Agreement (“Agreement”) made on November 3, 2021 between the City of Menifee (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC. (“Consultant”) for CIP 13-03
HOLLAND ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT
SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on November 15, 2023 (“Amendment No. 1”) which this Amendment No. 2 is made and entered into on ______________, 2024 to increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.
2.SECTION 2, “Compensation” is amended to increase the maximum compensation by Two Hundred Twenty Eight Thousand Dollars and Zero Cents ($228,000.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Four Million Six Hundred Twenty Eight Thousand Six Hundred Forty Two Dollars and Seventy Four Cents ($4,628,642.74) 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.
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide CIP 13-03 HOLLAD ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES), in the amount not to exceed Four Million Six Hundred Twenty Eight Thousand Six Hundred Forty Two Dollars and Seventy Four Cents ($4,628,642.74) as further detailed in the following page(s).
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
332 of 489
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEESOUTHSTAR ENGINEERING &
CONSULTING, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Amr Abuelhassan, Executive Vice President/CFO
Attest: ________________________________
Yvette Kirrin, President
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
333 of 489
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[Attached on the following pages]
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
334 of 489
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[Attached on the following pages]
Item Title: 10.9
Agreement Amendment with Southstar Engineering & Consulting, Inc., for Construction Management Services for the Holland Road/I-215 Overcrossing Project Item Page Number: 8
Menifee Mayor and City Council
September 4, 2024
Page
335 of 489
2671/031858-0001
7630376.2 a09/23/21
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03: HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _ ______ day of _____________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC, a California 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 ter ms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on Novemeber 3, 2021 and shall end on June 30 , 2024 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants t hat 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 Agreemen t 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 reasonabl y necessary to satisfy Consultant’s obligations hereunder.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 November3rd
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 9
Menifee Mayor and City Council
September 4, 2024
Page
336 of 489
2671/031858-0001
7630376.2 a09/23/21 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THREE MILLION TWO
HUNDRED FORTY EIGHT THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND FORTY THREE CENTS ($3,248,237.43) notwithstanding any contrary indications that may be contained in Consultant’s pr oposal, 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 Ser vices, and each reimbursable expense;
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;
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 10
Menifee Mayor and City Council
September 4, 2024
Page
337 of 489
2671/031858-0001
7630376.2 a09/23/21 -3-
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 11
Menifee Mayor and City Council
September 4, 2024
Page
338 of 489
2671/031858-0001
7630376.2 a09/23/21 -4-
and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone 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 checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insuran ce shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General 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 DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 12
Menifee Mayor and City Council
September 4, 2024
Page
339 of 489
2671/031858-0001
7630376.2 a09/23/21 -5-
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 fo rm 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 i ncluded in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement prof essional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 13
Menifee Mayor and City Council
September 4, 2024
Page
340 of 489
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insur ance must include the following reference: CIP 13-03: HOLLAND ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; prim ary 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 pursu ant 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 pri mary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 14
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September 4, 2024
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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 subj ect to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind ( including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 15
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September 4, 2024
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5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemn ification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City fro m liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personne l pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding a ny other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensati on, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 16
Menifee Mayor and City Council
September 4, 2024
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreem ent unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or 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 Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the 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, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defi ned by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Co nsultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 17
Menifee Mayor and City Council
September 4, 2024
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive 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 t o provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance b y 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 obli gations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 18
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September 4, 2024
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Pe rformance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior writte n 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 limite d 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, fr om 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.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 19
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September 4, 2024
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9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separat e action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreem ent, 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 A greement 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. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Jason Bennecke (“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.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 20
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September 4, 2024
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10.8 City Contract Administration . This Agreement shall be administered by a City employee, Carlos Geronimo, Principal Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
SOUTHSTAR ENGINEERING & CONSULTING, INC
Attn: Jason Bennecke
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with repo rt/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 DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 21
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September 4, 2024
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No 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]
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 22
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IN WITNESS WHEREOF, the Parties hereto have executed and entered i nto this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Amr Abuelhassan, Executive Vice
President/CFO
Yvette Kirrin, President
[Corporation must have two signatures]
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 23
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7630376.2 a09/23/21 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Construction Management Services for CIP 13-03: Holland Road Overpass Project in amount not to exceed THREE MILLION TWO HUNDRED FORTY EIGHT
THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND FORTY THREE CENTS ($3,248,237.43) as further detailed in the following page(s).
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 24
Menifee Mayor and City Council
September 4, 2024
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement Amendment with Southstar Engineering & Consulting, Inc., for Construction Management Services for the Holland Road/I-215 Overcrossing Project Item Page Number: 25
Menifee Mayor and City Council
September 4, 2024
Page
352 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement Amendment with Southstar Engineering & Consulting, Inc., for Construction Management Services for the Holland Road/I-215 Overcrossing Project Item Page Number: 26
Menifee Mayor and City Council
September 4, 2024
Page
353 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 27
Menifee Mayor and City Council
September 4, 2024
Page
354 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 28
Menifee Mayor and City Council
September 4, 2024
Page
355 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 29
Menifee Mayor and City Council
September 4, 2024
Page
356 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 30
Menifee Mayor and City Council
September 4, 2024
Page
357 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 31
Menifee Mayor and City Council
September 4, 2024
Page
358 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 32
Menifee Mayor and City Council
September 4, 2024
Page
359 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 33
Menifee Mayor and City Council
September 4, 2024
Page
360 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 34
Menifee Mayor and City Council
September 4, 2024
Page
361 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 35
Menifee Mayor and City Council
September 4, 2024
Page
362 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 36
Menifee Mayor and City Council
September 4, 2024
Page
363 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 37
Menifee Mayor and City Council
September 4, 2024
Page
364 of 489
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 38
Menifee Mayor and City Council
September 4, 2024
Page
365 of 489
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
This is Amendment No. (“Amendment 1”) to that certain Professional Services Agreement (“Agreement”) made on November 3, 2021 between the City of Menifee (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC. (“Consultant”) for CIP 13 -03
HOLLAND ROAD OVERPASS PROJECT ( CONSTRUCTION MANAGEMENT SERVICES) this Amendment No. 1 is made and entered into on ______________, 2023 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 6 shall have the meanings ascribed to them in the Agreement.
Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the November 3, 2021 and shall end on December 31, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
2. S ECTION 2 , “Compensation” is amended to increase the maximum compensation by One Million One Hundred Fifty Two Thousand Four Hundred Five Dollars and Thirty One Cents ($1,152,405.31), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Four Million Four Hundred Thousand Six Hundred Forty Two Dollars and Seventy Four Cents ($4,400,642.74) 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.
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
DocuSign Envelope ID: 80164A45-E8B8-4403-8628-950ADF7D3168 November 15,
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 39
Menifee Mayor and City Council
September 4, 2024
Page
366 of 489
SCOPE OF SERVICES
Consultant shall provide CIP 13 -03 HOLLAD ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES), in the amount not to exceed Four Million Four Hundred Thousand Six Hundred Forty Two Dollars and Seventy Four Cents ($4,400,642.74) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE SOUTHSTAR ENGINEERING &
CONSULTING, INC.
_______________________________ _______________________________ Rebekah Kramer, Acting City Manager Amr Abuelhassan, Executive Vice President/CFO
Attest: ________________________________
Yvette Kirrin, President
_______________________________
Sarah Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 80164A45-E8B8-4403-8628-950ADF7D3168 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 40
Menifee Mayor and City Council
September 4, 2024
Page
367 of 489
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[Attached on the following pages]
DocuSign Envelope ID: 80164A45-E8B8-4403-8628-950ADF7D3168 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland Road/I-215 Overcrossing Project
Item Page Number: 41
Menifee Mayor and City Council
September 4, 2024
Page
368 of 489
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[Attached on the following pages]
DocuSign Envelope ID: 80164A45-E8B8-4403-8628-950ADF7D3168 Item Title: 10.9
Agreement Amendment with Southstar Engineering & Consulting, Inc., for Construction Management Services for the Holland Road/I-215 Overcrossing Project Item Page Number: 42
Menifee Mayor and City Council
September 4, 2024
Page
369 of 489
CITY OF MENIFEE
SUBJECT: Landscape Improvement Agreement and Bond for Plot Plan 2015-164, Del Oro North Apartments by Jefferson Menifee, LLC
MEETING DATE: September 4, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Landscape Improvement Agreement to guarantee the completion of required public streetscape improvements associated with Del Oro North Apartments, by Jefferson Menifee, LLC, located north of Holland Road and east of Hanover Lane.
DISCUSSION
Plot Plan 2015-164 (PP2015-164), also known as Del Oro North Apartments (“Project”), is a proposed development of a 10.9-acre parcel into a 237-unit apartment complex. The Project is located north of Holland Road and East of Hanover Lane.
Jefferson Menifee, LLC (“Developer”), is now requesting the approval of a Landscape Improvement Agreement (LIA) as required by the Project’s conditions of approval. The LIA requires that the improvement securities are posted to guarantee the completion of the required improvements within 12 months from the City Council approval date of the agreement.
Staff has reviewed the Developer’s request and determined that the LIA meets the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required landscape improvements are shown in Table 1 below.
TABLE 1- PP2015-164 DEL ORO NORTH APARTMENTS, STREETSCAPE IMPROVEMENTS Improvement Security Faithful Performance Labor & Materials Streetscape 800168646 $ 113,000 $ 56,500
Total $ 113,000 $ 56,500
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 1
Menifee Mayor and City Council
September 4, 2024
Page
370 of 489
City of Menifee Staff Report
Del Oro North Apartments - LIA
September 4, 2024
2 3
1 0
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 the review of the Project. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year operating budgets in maintenance Community Facilities District 2017-1, Annexation No. 16.
ATTACHMENTS
1. Project Map
2. Agreement
3. Bond
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
371 of 489
PROJECT MAP
VICINITY MAP
Del Oro North Apartments
Streetscape
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
372 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
373 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
374 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
375 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
376 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 8
Menifee Mayor and City Council
September 4, 2024
Page
377 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 9
Menifee Mayor and City Council
September 4, 2024
Page
378 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 10
Menifee Mayor and City Council
September 4, 2024
Page
379 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 11
Menifee Mayor and City Council
September 4, 2024
Page
380 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 12
Menifee Mayor and City Council
September 4, 2024
Page
381 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 13
Menifee Mayor and City Council
September 4, 2024
Page
382 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 14
Menifee Mayor and City Council
September 4, 2024
Page
383 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 15
Menifee Mayor and City Council
September 4, 2024
Page
384 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 16
Menifee Mayor and City Council
September 4, 2024
Page
385 of 489
Item Title: 10.10
Landscape
Improvement
Agreement
and
Bond
for
Plot
Plan
2015-164,
Del
Oro
North
Apartments
by
Jefferson
Menifee,
LLC
Item Page Number: 17
Menifee Mayor and City Council
September 4, 2024
Page
386 of 489
CITY OF MENIFEE
SUBJECT: Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC
MEETING DATE: September 4, 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 36658-5, 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 36658-5.
DISCUSSION
Tract Map (TM) 36658-5, a phase of Cimarron Ridge (“Project”), is a proposed subdivision of 39.1 gross acres of land into 151 total lots for residential use, including 15 lots for open space/water quality and drainage purposes. TM 36658-5 is one of seven phases of the Project by Pulte Homes Company, LLC (“Developer”) and is located northeast of Valley Boulevard, south of McLaughlin Road, and west of Byers Road.
The Developer is now requesting approval and filing of the final map for TM 36658-5 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: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 1
Menifee Mayor and City Council
September 4, 2024
Page
387 of 489
City of Menifee Staff Report
TM 36658-5 Final Map
September 4, 2024
2 1
8 2
TABLE 1 – OFFSITE IMPROVEMENTS TM 36658-5
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 36658-5
Improvement Security Faithful Performance Labor & Materials Streets and Drainage 268018448 /
268018449 $ 1,998,000 $ 999,000
Water System 268018448 /
268018449 $ 560,500 $ 280,250
Sewer System 268018448 /
268018449 $ 446,000 $ 223,000
Total $ 3,004,500 $ 1,502,250
TABLE 3 – SURVEY MONUMENT TM 36658-6
Improvement Security
Survey Monument 59BSBJF1517 -
Total $ 154,800
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 36658-5. 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. Agreement - Improvements
3. Bonds – Offsite
4. Bonds – Onsite
5. Agreement - Monuments
6. Bond – Monuments
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
388 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
389 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
390 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
391 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
392 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
393 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 8
Menifee Mayor and City Council
September 4, 2024
Page
394 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 9
Menifee Mayor and City Council
September 4, 2024
Page
395 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 10
Menifee Mayor and City Council
September 4, 2024
Page
396 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 11
Menifee Mayor and City Council
September 4, 2024
Page
397 of 489
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 12
Menifee Mayor and City Council
September 4, 2024
Page
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FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ ꢀ4ꢀ. 4ꢁ0ꢂ7ꢃ. 0ꢄ0 0ꢅ__Tract Map 36658 Backbone Phase 2-------Riv. Co. Flood Control $
Water System
Rec. Water
Other Proj. Ref._____
$__54_2_ꢆ,5_0_0___ Bond No. 790 411817 5
$_______ Premium $ 19,654.00
Sewer System
Total
$__291 ,5 0ꢇ0___=ꢀꢁꢂ
$ꢁꢈ ꢉ ꢊ ꢋ4ꢌ1 ꢍꢎ0ꢏ0 0ꢐ ꢑ_
SuretyNationwide Mutual lnsruance Company Princꢒpal Pulte Home Company, LLC Address 27401 Los Altos, Suite 400
City/State Mission Vꢒejo. CA
Zip 92691
Address One West Nationwide Blvd 1-14-301
City/State Columbus, OH
Zip code 43215-2220
Phone (614) 249-7111 Phone 951-538-5835
WHEREAS, the Cꢒty Council of the City of Menifee, State of Calꢒfornia, and Pulte Home Companꢀ LLC , (hereꢒnaꢓer desꢒgnated as "princꢒpal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to ꢒnstall and complete the above desꢒgnated public improvements relating to tract 36658 Backbone Phase 2, which agreement(s), dated _______, is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and Nationwide Mutual Insurance Company, as surety, are held and firmly bound unto the City of Menꢒfee in the penal sum of Five Million Two Hundred Forty-One Thousand and 00/100 Dollars, ($ 5,241,000.00) lawful money of the Unꢒted States, for the payment of which sum will and truly be made, we bind ourselves, our heꢒrs, successors, executors and admꢒnistrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that ꢒf the above bonded prꢒncipal, his or its heꢒrs, executors, adminꢒstrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condꢒtions and provisions in the said agreement(s) and any alteratꢒon thereof made as therein provided, on his or theꢒr part, to be kept and performed at the time and ꢒn the manner therein specified, and in all respects according to their true intent and meaning, and shall ꢒndemnify and save harmless the City of Menꢒfee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otheꢔise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be ꢒncluded costs and reasonable expenses and fees, includꢒng reasonable attorney's fees, incurred by the City of Menifee ꢒn successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 44
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Item Title: 10.11
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Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 78
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Item Title: 10.11
Final Map, Agreements, and Bonds for Tract Map 36658-5, Cimarron Ridge, by Pulte Homes Company, LLC Item Page Number: 79
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CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835, Underwood, Offsite
Improvements, by KB Home Coastal Inc.
MEETING DATE: September 4, 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 the public improvements for streets and drainage on Menifee Road and Matthews Road associated with Tract Map 29835, Underwood by KB Home Coastal, Inc., located north of Chambers Avenue and east of Antelope Road; and
2. Authorize the City Engineer to release 90% of the posted securities per the City’s standard policies.
DISCUSSION
KB Home Coastal Inc., a Delaware Limited Liability Company, is the developer of Underwood Tract 29835, a subdivision of 235.1 gross acres into 514 lots for residential purposes. The tract is located north of Chambers Avenue and east of Antelope Road, as depicted in the attached project map. As part of the development requirements, KB Home Coastal Inc. (“Developer”), was required to construct offsite streets and drainage improvements at the existing intersection of Menifee Road and Matthews Road. The improvements included lane widening on Menifee Road approaching its intersection with Matthews Road and installation of delineators for safe turning movements at the intersection.
The Developer has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the faithful performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 1
Menifee Mayor and City Council
September 4, 2024
Page
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City of Menifee Staff Report
Public Improvement Acceptance TM 29835 Offsite
September 4, 2024
2 3
1 3
year in accordance with the City Municipal Code. The original posted securities for the improvements and the monuments are listed in Table 1 below.
TABLE 1 - ORIGINAL POSTED SECURITY IMPROVEMENTS
Improvement Security No.
Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 024254364 $ 559,500 $ 279,750
Total $ 559,500 $ 279,750
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the offsite improvements at Menifee Road and Matthews Road would be supported through approved Fiscal Year 2024/2025 operating budgets under street maintenance and striping and marking within the Gas Tax Street Maintenance Fund (2200-PWD-STMA-652600/652603).
ATTACHMENTS
1. Project Map
2. Agreement
3. Bond
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 2
Menifee Mayor and City Council
September 4, 2024
Page
467 of 489
PROJECT MAP
VICINITY MAP
Rail Crossing and Offsite
Improvements
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 3
Menifee Mayor and City Council
September 4, 2024
Page
468 of 489
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Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 4
Menifee Mayor and City Council
September 4, 2024
Page
469 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 5
Menifee Mayor and City Council
September 4, 2024
Page
470 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 6
Menifee Mayor and City Council
September 4, 2024
Page
471 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 7
Menifee Mayor and City Council
September 4, 2024
Page
472 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 8
Menifee Mayor and City Council
September 4, 2024
Page
473 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 9
Menifee Mayor and City Council
September 4, 2024
Page
474 of 489
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 559,500.00
Riv. Co. Flood Control $
Tract Map _T;:..;.R-=2=9=83:;..:;5 ___ _
------- Other Proj. Ref. IP20-014
Bond No. 024254364
Premium $ 3,357.00
Water System $ ______ _
Rec. Water $-------
Sewer System $ ______ _
Total $ 559,500.00
Surety Liberty Mutual Insurance Company
Address 175 Berkeley Street
City/State Boston MA
Zip code 02116
Phone __ (617) 357-9500
Principal KB Home Coastal, Inc.
Address 36310 Inland Valley Drive
City/State Wildomar, CA
Zip 92595
Phone (951) 691-5300
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TR29835-4, IP20-014, which agreement(s), dated.
______ , is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and Liberty Mutual Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Five Hundred Fifty Nine Thousand, Five Hundred and no/100, Dollars, ($ 559,500.00) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement(s) and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. - 4
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 10
Menifee Mayor and City Council
September 4, 2024
Page
475 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 11
Menifee Mayor and City Council
September 4, 2024
Page
476 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 12
Menifee Mayor and City Council
September 4, 2024
Page
477 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 13
Menifee Mayor and City Council
September 4, 2024
Page
478 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 14
Menifee Mayor and City Council
September 4, 2024
Page
479 of 489
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage$ 279,750.00
Water System $ _____ _
Sewer System $ ______ _
Surety Liberty Mutual Insurance Company
Address 175 Berkeley Street
City/State Boston MA
Zip code 02116
Phone (617) 357-9500
Tract/Parcel Map TR29835-4, IP20-014
Bond No. 024254364
Premium $ Included in Performance Bond
Principal KB Home Coastal, Inc.
Address 36310 Inland Valley Drive
City/State Wildomar, CA
Zip 92595
Phone (951) 691-5300
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. , (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TR29835-4, IP20-014 , which agreement(s), dated ________ , is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred Seventy Nine Thousand, Seven Hundred Fifty and no/100 Dollars, ($279,750.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 10/26/20
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 15
Menifee Mayor and City Council
September 4, 2024
Page
480 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 16
Menifee Mayor and City Council
September 4, 2024
Page
481 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 17
Menifee Mayor and City Council
September 4, 2024
Page
482 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 18
Menifee Mayor and City Council
September 4, 2024
Page
483 of 489
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 19
Menifee Mayor and City Council
September 4, 2024
Page
484 of 489
PARCEL MAP OR TRACT MAP NO. DATE:
IP:
IMPROVEMENTS
Street/Drainage $ 559,319.04 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 0.00 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 0.00 $ $
Total 559,319.04 $$
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
Signature Date
Victor Elia, PE 64803 6/30/2021
Name Typed or printed RCE# Exp. Date
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.
1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."
2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
20-014
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
29835 2/26/2021
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (**50% of Estimated
Construction Costs) Construction Costs)
559,500.00 279,750.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
559,500.00 279,750.00
55,950.00
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
2/26/2021
Approved for Bonding 3/15/2021
C. Robinson
IP20-014
ENG/PW
City of Menifee
03/03/2021
RECEIVED
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 20
Menifee Mayor and City Council
September 4, 2024
Page
485 of 489
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREET AND DRAINAGE IMPROVEMENTS
UNIT
ROADWAY SECTION 1 Area = S.F.
Excavation
Cut (c) = C.Y.
Road area and side slopes to daylight Fill (f) = C.Y.
C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 206,640.00
Thickness in Feet (0.50' min.) =
C.Y. $ 50.00 $ 98,000.00
Thickness in Feet =
Ton $ 600.00 $ 0.00
ROADWAY SECTION 2 Area = S.F.
Excavation
2. Projects without a Grading Plan: Cut (c) = C.Y.
Road area and side slopes to daylight Fill (f) = C.Y.
C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 0.00
Thickness in Feet (0.50' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 0.00
ROADWAY SECTION 3 Area = S.F.
Excavation
2. Projects without a Grading Plan: Cut (c) = C.Y.
Fill (f) = C.Y.
C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 0.00
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 0.00
ITEM QUANTITY UNIT AMOUNT
COST
25.00 $ 29,075.00 Area x 0.50' (hinge point to hinge point)
2. Projects without a Grading Plan
63,753
1. Projects with Grading Plan for Roadway
1,163 C.Y. $
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) 2,296
0.5 Agg Base Class II 1,960
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual costs
to assure that work will be corrected to eliminate
hazardous conditions.)
(a.) Excavate and Fill -
(b.) Excavate and Export -
C.Y. $ 25.00 $ 0.00 Area x 0.50' (hinge point to hinge point)
0.83 Asphalt Emulsion (Fog Seal/Paint Binder)
1. Projects with Grading Plan for Roadway
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) -
0.39 Agg Base Class II -
(a.) Excavate and Fill -
(b.) Excavate and Export -
C.Y. $ 25.00 $ 0.00 Area x 0.50' (hinge point to hinge point)
0.5 Asphalt Emulsion (Fog Seal/Paint Binder) -
1. Projects with Grading Plan for Roadway
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) -
0.39 Agg Base Class II -
(a.) Excavate and Fill -
(b.) Excavate and Export -
0.5 Asphalt Emulsion (Fog Seal/Paint Binder) -
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 21
Menifee Mayor and City Council
September 4, 2024
Page
486 of 489
L.F. $ 1.00 $ 2,304.00
S.F. $ 0.50 $ 0.00
S.Y. $ 0.60 $ 0.00
S.Y. $ 8.00 $ 3,904.00
L.F. $ 18.00 $ 0.00
L.F. $ 3.00 $ 0.00
L.F. $ 7.50 $ 0.00
L.F. $ 10.00 $ 4,360.00
EA. $ 250.00 $ 0.00
S.F. $ 0.90 $ 0.00
L.F. $ 14.00 $ 0.00
L.F. $ 16.00 $ 0.00
L.F. $ 12.00 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 8.00 $ 0.00
L.F. $ 10.00 $ 0.00
S.F. $ 10.00 $ 0.00
S.F. $ 6.00 $ 0.00
S.F. $ 8.00 $ 0.00
S.F. $ 6.00 $ 0.00
EA. $ 1,500.00 $ 0.00
EA. $ 2,500.00 $ 0.00
L.F. $ 100.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 10.00 $ 0.00
EA. $ 400.00 $ 14,000.00
L.F. $ 12.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 10,000.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 400.00 $ 800.00
L.F. $ 10.00 $ 0.00
S.F. $ 1.50 $ 0.00
L.F. $ 100.00 $ 12,800.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
S.F. $ 4.00 $ 0.00
S.F. $ 10.00 $ 0.00
EA $ 100.00 $ 0.00
S.F. $ 3.50 $ 0.00
C.Y. $ 27.00 $ 0.00
EA $ 7,000.00 $ 0.00
S.F. $ 10,000.00 $ 0.00
EA $ 3,000.00 $ 0.00
Grinding A.C. , in place
Remove A.C. Pavement 488
Remove Curb and Gutter
Sawcut Exist. A.C. Pavement 2,304
Cold Plane A.C. Pavement
Relocate Mailbox
AC overlay (min. 0.10')
Curb and Gutter (Type A-6)
Remove A.C. Dike
Remove Chain Link Fence
Remove Barricade 436
Type "D" Curb
A.C. Dike (6")(incl. material & labor)
A.C. Dike (8")(incl. material & labor)
Curb and Gutter (Type A-8)
Type 8A Curb
Type "D-1" Curb
P.C.C. Dip Section Std. 307
ADA Access Ramp (w/ new construction)
ADA Access Ramp (in existing improvements)
P.C.C. Cross Gutter and Spandrels
P.C.C. Sidewalk
P.C.C. Driveway Approach
Guard Posts/Bollards 35
Relocate Fence
Pipe Gate
Barricades
Metal Beam Guard Railing
y( p )
(total length of Streets)
Adjust MH to Grade ( if no sewer plan ) 2
Redwood Header
Trail
Relocate Power Pole
Street Lights (including conduit)
Adjust Water Valve to Grade ( if no water plan )
Remove Existing Railroad Rail and Equipment 128
LANDSCAPING
Maintenance Walk STD 113
Landscape Fill Material
Water Meter
Electric Meter
Colored Stamped Concrete
Street Trees ( 15 Gallon )
Landscape and Irrigation
Remove trees
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 22
Menifee Mayor and City Council
September 4, 2024
Page
487 of 489
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 300.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 500.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
S.F. $ 6.50 $ 0.00
S.F. $ 6.50 $ 0.00
C.Y. $ 400.00 $ 0.00
C.Y. $ 200.00 $ 0.00
C.Y. $ 80.00 $ 0.00
C.Y. $ 90.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 110.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 120.00 $ 0.00
C.Y. $ 130.00 $ 0.00
C.Y. $ 140.00 $ 0.00
L.F. $ 113.00 $ 0.00
L.F. $ 132.00 $ 30,360.00
L.F. $ 153.00 $ 0.00
L.F. $ 178.00 $ 0.00
L.F. $ 204.00 $ 0.00
L.F. $ 235.00 $ 0.00
L.F. $ 40.00 $ 0.00
L.F. $ 50.00 $ 0.00
L.F. $ 60.00 $ 0.00
L.F. $ 70.00 $ 0.00
L.F. $ 80.00 $ 8,800.00
L.F. $ 100.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 7,500.00 $ 0.00
EA. $ 11,000.00 $ 0.00
EA. $ 14,500.00 $ 0.00
EA. $ 2,500.00 $ 7,500.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 6,500.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 6,500.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 3,500.00 $ 3,500.00
Cut Off Wall ( Std 2' )
A. C. Overside Drain
Under Sidewalk Drain Std 309
DRAINAGE
Concrete Bulkhead
Slope Anchors for Pipes
Interceptor Drain
R.C. Box Culvert (2 - 3'X5' )
Concrete Channel
Flat Outlet Drainage Structure Std 303
Curb Outlet Drainage Structure Std 308
Terrace Drain & Down Drain
Rip Rap ( 2 Ton ) Method B
Grouted Rip Rap ( 1/4 Ton ) Method B
Grouted Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1/4 Ton ) Methob B ( 1.9 tons /CY)
Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1 Ton ) Method B
24" R.C.P. round, arch or elliptical 230
30" R.C.P. round, arch or elliptical
36" R.C.P. round, arch or elliptical
Grouted Rip Rap ( 1 Ton ) Method B
Grouted Rip Rap ( 2 Ton ) Method B
18" R.C.P. round, arch or elliptical
24" C.S.P. or HDPE N12
30" C.S.P. or HDPE N12
36" C.S.P. or HDPE N12
42" R.C.P. round, arch or elliptical
48" R.C.P. round, arch or elliptical
18" C.S.P. or HDPE N12
Catch Basin W=7'
Catch Basin W=14'
Catch Basin W=21'
42" C.S.P. or HDPE N12 110
48" C.S.P. or HDPE N12
Catch Basin W=4'
Junction Structure No. 2
Junction Structure No. 6
Transition Structure No. 1
Catch Basin W=28'
CB110 3
Junction Structure No. 1
Manhole No. 2
Manhole No. 3
Manhole No. 4
Transition Structure No. 2
Transition Structure No. 3
Manhole No. 1
Structural Reinforcement Concrete
Headwall 1
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 23
Menifee Mayor and City Council
September 4, 2024
Page
488 of 489
$ $ 0.00
S.F $ 2.50 $ 0.00
L.F. $ 0.21 $ 0.00
L.F. $ 0.30 $ 0.00
L.F. $ 0.16 $ 0.00
L.F. $ 0.47 $ 0.00
L.F. $ 0.65 $ 0.00
L.F. $ 0.82 $ 0.00
L.F. $ 1.30 $ 0.00
L.F. $ 0.36 $ 0.00
L.F. $ 0.82 $ 0.00
S.F $ 2.70 $ 0.00
S.F $ 2.50 $ 0.00
L.F. $ 0.52 $ 0.00
L.F. $ 0.47 $ 0.00
L.F. $ 0.83 $ 0.00
L.F. $ 0.63 $ 0.00
L.F. $ 0.78 $ 0.00
L.F. $ 0.97 $ 0.00
L.F. $ 1.13 $ 0.00
L.F. $ 2.83 $ 0.00
S.F $ 3.61 $ 0.00
S.F. $ 2.25 $ 0.00
S.F. $ 3.00 $ 0.00
EA. $ 50.00 $ 0.00
EA. $ 100.00 $ 0.00
EA. $ 275.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 425.00 $ 0.00
EA. $ 250.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 300.00 $ 0.00
EA. $ 60.00 $ 0.00
EA. $ 40.00 $ 0.00
EA. $ 45.00 $ 0.00
EA. $ 3.75 $ 0.00
LS $ 250,000.00 $ 0.00
LS $ 150,000.00 $ 0.00
LS $ 100,000.00 $ 0.00
EA $ 450.00 $ 0.00
EA $ 400.00 $ 0.00
EA $ 500.00 $ 0.00
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 0.00
LS $ 10,000.00 $ 10,000.00
LS $ 4,000.00 $ 4,000.00
LS $ 10,000.00 $ 10,000.00
LS $ 20,000.00 $ 20,000.00
LS $ 15,000.00 $ 0.00
A. $ 436,968.00
B. Administrative Contingency (20% x A) $ 87,393.60
C. CM - Inspection - LC (8%) $ 34,957.44
D Streets/Drainage Total (A + B) $ 559,319.04
SIGNING, STRIPING AND SIGNALS
Remove Painted Traffic Stripes and Markings
4" Painted Double Solid Stripes
6" Painted Bike Lane Stripes
8" Painted Channelizing Line
4" Painted Solid Stripes
4" Painted Solid Stripes (2 Coats )
4" Painted Broken Stripes
Painted Pavement Markings
Remove Thermoplastic Trafffic Stripes and Markings
4" Thermoplastic Solid Stripes
12" Painted Crosswalk & Limit Line
Painted One-Way, No Passing
Painted Two-Way Left Turn Lane
8" Thermoplastic Channelizing Line
12" Thermoplastic Crosswalk & Limit Line
Thermoplastic One-Way, No Passing
4" Thermoplastic Broken Stripes
4" Thermoplastic Double Solid Stripes
6" Thermoplastic Bike Lane Stripes
Thermoplastic Cross Walk and Pavement Marking
Remove, Sign, Salvage
Relocate Roadside Sign
Thermoplastic Two-Way Left Turn Lane
Thermoplastic Pavement Markings
pg
Marking
Stop Sign & Post
Road Sign on existing pole / post (One Post)
Road Sign on existing pole / post (Two Post)
Street Name Sign
Install Sign ( Strap and Saddle Bracket Method)
Install Sign (Mast Arm Hanger Method)
Pavement Marker, Reflective
New Traffic Signal & Lighting (Major Intersection)
New Traffic Signal & Lighting (Minor Intersection)
Object Marker - Modified Type "F" Delineator
Delineator ( Class 1 Type F)
Delineator ( Class 2 )
Install Pull Box (#6)
2" PVC Interconnect Conduit & Cable
3" PVC Interconnect Conduit & Cable
Retrofit of Ex. Traffic Signal & Lighting
6' Round Signal Loops
Install Pull Box (#5)
Subtotal
Design/submittals/review 1
Mobilization 1
Traffic Control -
3" PVC Conduit & Fiber Optic Cable
Signing and Striping 1
Survey 1
Item Title: 10.12
Acceptance
of
Public
Improvements
and
90%
Release
of
Security
for
Tract
Map
29835,
Underwood,
Offsite
Improvements, by KB Home Coastal Inc.
Item Page Number: 24
Menifee Mayor and City Council
September 4, 2024
Page
489 of 489