Agenda packet — Menifee City Council, November 6, 2024 (part 4 of 8)

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inspection, and for projects that require complex inspection services. Due to the continued, and increasing, volume of development activities, utility agency projects, and capital improvement projects requiring staff inspections, the original Agreement not-to-exceed amount of $195,000 is expected to be exhausted as of January 2025.

Construction inspection services are a key factor in ensuring that development project work is constructed per plan, meets City standards, and results in safe improvements for public use well into the future. While there are multiple firms approved as Shortlist service providers, DR Bechter has consistently been very responsive for construction inspection support needs. The proposed Amendment No. 1 (“Amendment”) would increase DR Bechter’s Agreement by $60,000, to a total not-to-exceed limit of $255,000 through June 2026. If approved, the Amendment would provide staff the opportunity to maintain continuity on development projects that are already being supported by DR Bechter’s services and would ensure capacity for additional construction inspection related services to be accessed into the future. All other terms of the Agreement would remain unchanged, as outlined in Table 1 below.

TABLE 1 – DR BECHTER’S MASTER AGREEMENT HISTORY
Date approved Amount Contract Term
Original PSA 6/21/2023 $195,000 6/30/2026
Amendment No. 1 PENDING $ 60,000 6/30/2026
Total $255,000
Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the contract amount, or that exceed the City Manager’s signing authority, shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed Amendment with DR Bechter is (not-to-exceed) $255,000.

Funding for the proposed Amendment is available within the Fiscal Year 2024/2025 budget, under professional services for Public Works Construction Inspection within the General Fund (1100- PWD-INSP-652825).

It is important to note that construction inspections services are fully recoverable as they would be offset by developer fees and deposits collected for the services. Purchase orders for these services would only be issued after confirmation of budget availability and only for amounts within the approved not-to-exceed Agreement compensation amounts. No additional budget appropriation actions would be required for approval of the proposed Amendment.

Item Title: 10.20
Agreement Amendment with D. R. Bechter Consulting for Professional On-call Services for Construction Inspection Item Page Number: 2

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November 6, 2024
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City of Menifee Staff Report
DR Bechter MA Amendment No. 1
November 6, 2024

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ATTACHMENTS

1. Amendment No. 1

2. Agreement
Item Title: 10.20
Agreement Amendment with D. R. Bechter Consulting for Professional On-call Services for Construction Inspection Item Page Number: 3

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November 6, 2024
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AMENDMENT NO. 1 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(CONSTRUCTION INSPECTION)
AMENDMENT NO. 1 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
(CONSTRUCTION INSPECTION)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on _June 21, 2023__ between the City of Menifee (“City”) and D.R. BECHTER CONSULTING, (“Consultant”) for CONSTRUCTION INSPECTION which this Amendment No. 1 is made and entered into on ______________, 2024 to increase the compensation amount as indicated below:

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

2.SECTION 3.1, “Not to Exceed Compensation” is amended to increase the maximum not to exceed compensation by Sixty Thousand Dollars and Zero Cents ($60,000.00), and is amended to read as follows:

The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Fifty Five Thousand Dollars and Zero Cents ($255,000.00).

3. The initial paragraph of the original Exhibit A, to the Agreement is amended to read as follows:

Item Title: 10.20
Agreement Amendment with D. R. Bechter Consulting for Professional On-call Services for Construction Inspection Item Page Number: 4

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November 6, 2024
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AMENDMENT NO. 1 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(CONSTRUCTION INSPECTION)

FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Fifty Five Thousand Dollars and Zero Cents ($255,000.00).

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. (Signatures on Following Page)
Item Title: 10.20
Agreement Amendment with D. R. Bechter Consulting for Professional On-call Services for Construction Inspection Item Page Number: 5

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November 6, 2024
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AMENDMENT NO. 1 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(CONSTRUCTION INSPECTION)
CITY OF MENIFEEDENNIS JANDA, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Dennis Janda, President
Attest: ________________________________
Tricia Janda, Vice President/Owner
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.20
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DocuSign Envelope ID: 5A32DB6A-AE1C-4483-A052-E37DD377D1EF 2905/031858-0001
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CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
(CONSTRUCTION INSPECTION)

THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this day of , 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and D.R.

BECHTER CONSULTING , a California C Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”

SECTION 1. GENERAL PROVISIONS.

1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide on- call services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).

1.2 No Guaranteed Work . The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manager.

This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager up to the compensation amount set forth in Section 3.1, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.

1.3 Term. This Agreement shall become effective on July 1, 2023 and shall continue until June 30, 2026, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.

1.4 Termination. The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.

1.5 Contract Administrator. Kristen Jensen (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement. Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.

1.6 Consultant Representative . Danis Bechter is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may change the Consult ant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.

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

D.R. BECHTER CONSULTING
Attn: Danis Bechter
41548 Blue Canyon Ave #3
Murrieta, CA 92562
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kris Jensen, PW Financial Analyst
with a copy to:

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

SECTION 2. SERVICES.

2.1 Purchase Orders . Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.

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

2.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services. 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.

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

2.5 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 a Purchase Order.

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2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and r estrictions applicable to performance of the Services.

2.7 Facilities and Equipment. Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the Services. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility 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 3. COMPENSATION.

3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed One Hundred Ninety Five Thousand Dollars and Zero Cents ($195,000.00).

3.2 Invoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and 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 Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Purchase Order, and the percentage of completion;

d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services;

f. Receipts for expenses to be reimbursed;

g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:

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

3.3 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

3.4 Payment Holds . City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.

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

3.6 Payment Upon Termination. In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved 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. City 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.

SECTION 4. INDEMNIFICATION.

4.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of this Agreement, 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 DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

4.2 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.

4.3 Limitation of Indemnification for Des ign Professionals . Notwithstanding any provision of this Section 4 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

4.4 Limitation of Indemnification . The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

4.5 Legal Requirements Related to Indemnification . If any applicable law would render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.

SECTION 5. INSURANCE.

5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.

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.

a. 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 C ode. 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 DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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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 Administr ator. 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.

b. Commercial General and Automobile Liability Insurance.

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

ii) Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.

iii) Additional requirements. Each of the following shall be included 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.

c. Professional Liability Insurance.

i) General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreeme nt professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.

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ii) 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 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.

5.2 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.

5.3 Continuation of Insurance . Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

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

5.5 Subcontractors’ Insurance . Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.

5.6 Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is sati sfactory in all respects to each of them.

5.7 Verification of Coverage . Prior to execution of this Agreement, Consultant shall furnish City with 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 name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

5.8 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.

5.9 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. The Contractor Administrator may, but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:

Master Agreement for Professional On Call Services.

5.10 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement;

b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

c. Terminate this Agreement.

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SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services and assignment of personnel pursuant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 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 under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.2 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.

Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing under DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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this Agreement to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

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

7.5 Amendments. The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by al l the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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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.

7.7 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:

a. Immediately terminate this Agreement;

b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

c. Retain a different consultant to complete the Services; and/or

d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had complet ed the Services.

SECTION 8. KEEPING AND STATUS OF RECORDS.

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

8.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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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.

8.3 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 or expenditures and disbursements charged to City for Services under this Agreement, if any for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

8.4 Inspection and Audit of Records . Any records or documents that Section 8.3 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 9. MISCELLANEOUS PROVISIONS.

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

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

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

9.4 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.

9.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

9.6 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.

9.7 Rights and Remedies. 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.

9.8 Integration. This Agreement, including the Exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.

9.9 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.

9.10 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.

9.11 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.

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

9.13 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.

9.14 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 DocuSign Envelope ID: 0B0E214C-743F-4C35-A060-605666379695 Item Title: 10.20
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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.

9.15 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 any Services performed hereunder.

[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Danis Bechter, President

Danis Bechter, Secretary

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

FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumula tive compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed One Hundred Ninety Five Thousand Dollars and Zero CentsZero Dollars and Zero Cents ($195,000.00).

EXHIBIT A.

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EXHIBIT B

RATE SCHEDULE

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EXHIBIT C

INVOICING REQUIREMENTS

As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may reques t to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several items will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.

If multiple projects are being invoiced through a single billing submission, details of fiscal information for all projects are to be summarized in a table and included as part of the invoice. This table will have all projects listed with project name, project number or tract map number, purchase order number, the amount due on the current invoice for each project, the amount that was previously charged to each project purchase order, and the total amount billed to each project purchase order, as in the example below:

PROJECT NAME

CIP or TRACT
NO.

IP / IS No.

PURCHASE
ORDER NO.

PURCHASE

ORDER VALUE

CURRENT

AMOUNT DUE

PREVIOUS
AMOUNT
BILLED

TOTAL BILLED

TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00

In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:

These details will be required on all future invoices submitted.

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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Bio-Tox Laboratories for the Police Department Forensic Toxicological Testing Services MEETING DATE: November 6, 2024
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with Bio-Tox Laboratories for forensic toxicological testing services for the Police Department, increasing the contract in the amount of $25,000, for a revised total not-to-exceed $63,000 through June 30, 2025.

DISCUSSION
The Menifee Police Department contracted with Bio-Tox Laboratories to facilitate the forensic toxicological testing services needed whenever bodily fluid samples such as blood, saliva and urine are collected. The need for these services arises often in the line of duty for police officers such as during traffic stops, and in calls for service, or at specific targeted operations. In Fiscal Year (FY) 2024/2025, the Police Department was awarded multiple grants including the Office of Traffic Safety Grant, Cannabis Grant, and Alcohol Beverage Control OTS Grant that allow for operations including checkpoints and saturations. These additional events have led to an increased use of the contracted services resulting in the need for additional funds.

Pursuant to Menifee Municipal Code Chapter 3.12.090, any change order in an amount greater than $25,000 or any change order which, when considered with the aggregate amount of all other changes to a contract, exceeds ten percent of the original contract cost, shall be approved by the City Council. All other terms of the agreement shall remain the same. The previous amendments are expressed on the following page in Table 1.

Item Title: 10.21
Agreement Amendment with Bio-Tox Laboratories for the Police Department Forensic Toxicological Testing Services Item Page Number: 1

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City of Menifee Staff Report
Bio-tox Am. 2
November 6, 2024

Page 2 of 2 ends

2 4
2 4
TABLE 1- CONTRACT AMENDMENT SUMMARY
Item Title Description Item Total Contract
Total Term Ending
Original Agreement Forensic toxicology
services $24,000 $24,000 June 30, 2024
Amendment No. 1
Increase funds and
contract term for one
additional fiscal year
$14,000 $38,000 June 30, 2025
Amendment No. 2 Increase contract total $25,000 $63,000 June 30, 2025

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of Amendment No. 2 is $25,000. Funding for the proposed amendment is available within the adopted FY 2024/2025 budget for the Menifee Police Department in the General Fund under professional services (1100-MPD-652800). No additional budget appropriation action(s) would be required.

ATTACHMENTS

1. Amendment No. 2

2. Original Agreement
Item Title: 10.21
Agreement Amendment with Bio-Tox Laboratories for the Police Department Forensic Toxicological Testing Services Item Page Number: 2

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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on October 19, 2023, between the City of Menifee (“City”) and Bio-Tox Laboratories (“Consultant”) for MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on June 19, 2024 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2024 to increase the compensation amount 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 Twenty-Five Thousand Dollars and Zero Cents ($25,000.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Sixty-Three Thousand Dollars and Zero Cents ($63,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. 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 MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES in the amount not to exceed Sixty-Three Thousand Dollars and Zero Cents ($63,000.00) 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. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.21
Agreement Amendment with Bio-Tox Laboratories for the Police Department Forensic Toxicological Testing Services Item Page Number: 3

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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES CITY OF MENIFEE Bio-Tox Laboratories
_______________________________ _______________________________ Armando G. Villa, City Manager Tracey Stangarone, President Attest: ________________________________
Sue Somers, Assistant Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.21
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2671/031858-0001
7630421.2 a05/18/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING

SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and BIO-TOX LABORATORIES, a California C Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services . The term of this Agreement shall begin on July 1, 2023 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 pr ovided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status a nd experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Co nsultant 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 dis cretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

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

DocuSign Envelope ID: C2C51E8B-DFA1-44DE-8013-43D218A10479 DocuSign Envelope ID: B4288A77-FBAD-4508-88EA-44A9D6C2076C 19th Oct.

Item Title: 10.21
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 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 TWENTY FOUR THOUSAND DOLLARS AND ZERO CENTS ($24,000.00) notwithstanding any contrary indications that may be con tained 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 Agreem ent. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

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

DocuSign Envelope ID: C2C51E8B-DFA1-44DE-8013-43D218A10479 DocuSign Envelope ID: B4288A77-FBAD-4508-88EA-44A9D6C2076C Item Title: 10.21
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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 five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

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

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

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

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 co mpleted 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 o therwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall b e in the sole discretion of City. In no event shall City be DocuSign Envelope ID: C2C51E8B-DFA1-44DE-8013-43D218A10479 DocuSign Envelope ID: B4288A77-FBAD-4508-88EA-44A9D6C2076C Item Title: 10.21
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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 insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

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

4.2 Commercial General and Automobile Liability Insurance. a. General 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 o r the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and DocuSign Envelope ID: C2C51E8B-DFA1-44DE-8013-43D218A10479 DocuSign Envelope ID: B4288A77-FBAD-4508-88EA-44A9D6C2076C Item Title: 10.21
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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 Comme rcial General Liability occurrence form CG 0001.

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

4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLAR S ($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: C2C51E8B-DFA1-44DE-8013-43D218A10479 DocuSign Envelope ID: B4288A77-FBAD-4508-88EA-44A9D6C2076C Item Title: 10.21
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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 t o 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 insur ed endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:

MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES. The name and address for Additional Insured endorsements, Ce rtificates 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 insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non -contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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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 offic ers, 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 investigat ions, 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 endorsem ents for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirem ents, 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 h ave if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

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

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5.2 Indemnification for Other than Professional Liability . Other than in the performance of profe ssional 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 bu t not limited to officers, agents, employees or subcontractors of Consultant.

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

SECTION 6. 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 personnel 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 S ervices und er 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 any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or beco me entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Servic es required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State DocuSign Envelope ID: C2C51E8B-DFA1-44DE-8013-43D218A10479 DocuSign Envelope ID: B4288A77-FBAD-4508-88EA-44A9D6C2076C Item Title: 10.21
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of Ca lifornia, 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 sim ilar law. It is agreed by the P arties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/ or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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

Consultant r epresents 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.

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.

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

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

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upo n 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 sub contractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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

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

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

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

9.4 Inspection and Audit of Records . Any records or documents that Secti on 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.

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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 separate action brought for that purpose.

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

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

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

10.5 No Implied Waiver of Breach. 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 Tracey Stangarone, Business Manager (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordina tion of all portions of the Services under this Agreement.

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

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

Menifee Mayor and City Council
November 6, 2024
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2671/031858-0001
7630421.2 a05/18/23 -13-

BIO-TOX LABORATORIES
Attn: Tracey Stangarone, Business Manager
1965 Chicago Ave #C
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: Christine Booker, Budget & Grant Analyst
with a copy to:

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

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

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

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

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either w ritten 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.

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November 6, 2024
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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 th is 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 A greement 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 includin g, 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 thir d-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 pe rsonally 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]

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November 6, 2024
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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Tracey Stangarone, President

Sue Somers, Assistant Secretary

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: C2C51E8B-DFA1-44DE-8013-43D218A10479 DocuSign Envelope ID: B4288A77-FBAD-4508-88EA-44A9D6C2076C Item Title: 10.21
Agreement Amendment with Bio-Tox Laboratories for the Police Department Forensic Toxicological Testing Services Item Page Number: 19

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November 6, 2024
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2671/031858-0001
7630421.2 a05/18/23
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES

Services shall include on-call, as needed Services shall provide Forensic Toxicological Testing Services for the Menifee Police Department in the amount not to exceed TWENTY FOUR THOUSAND DOLLARS AND ZERO CENTS ($24,000.00) as further detailed in the following page(s).

Menifee Mayor and City Council
November 6, 2024
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2671/031858-0001
7630421.2 a00/00/00
EXHIBIT A.

Menifee Mayor and City Council
November 6, 2024
Page
431 of 1464

CITY OF MENIFEE
SUBJECT: Contract Change Order with Granite Construction for the Romoland Grid Area – 3 rd Street Project – Active
Transportation Program Project
MEETING DATE: November 6, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Contract Change Order No. 1 with Granite Construction for construction services on the Romoland Grid Area – 3rd Street – Active Transportation Program Project, Capital Improvement Program Project No. 23-04, in the amount of $70,959.74, increasing the contract value to a total amount not-to-exceed $1,308,059.74.

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

On March 6, 2024, the City Council approved a construction budget of $1,427,731 and awarded a construction services contract (“Contract”) to Granite Construction (“Contractor”) in the amount of $1,237,100. Construction work for the Project began in April 2024 and is now substantially complete.

Although staff make every effort to carefully study and anticipate the extent of the scope of work required to achieve project goals, unforeseen needs are often encountered as a project progresses. Unknown site conditions and utility conflicts discovered during construction activities can result in the requirement of additional work outside of the original scope and contract amount.

These changes are addressed in the form of a Contract Change Order (CCO).

Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 1

Menifee Mayor and City Council
November 6, 2024
Page
432 of 1464

City of Menifee Staff Report
CIP 23-04 CCO No. 1
November 6, 2024

Page 2 of 3 ends

2 3
7 4
On April 3,2024, the City Council approved a Utility Relocation Agreement (“Agreement”) with Eastern Municipal Water District (EMWD) in the amount of $50,600. The Agreement identified each agency’s financial responsibility for the anticipated costs associated with the relocation of existing water utilities within the Project area. Under the Agreement, EMWD would be responsible for the relocation costs of all water appurtenances. During construction, additional EMWD water meters were discovered that were not identified in the Agreement. The newly discovered water meters resulted in the Contractor performing additional relocation work. The final cost to relocate all EMWD facilities on the Project would now be a total of $71,335.53. EMWD was involved in all construction decisions regarding their water facilities, including the additional relocation work, and has accepted the final amount of $71,335.53, which would be reimbursed to the City. No further action is necessary as the Agreement stipulates that EMWD’s final reimbursable cost would be determined at completion of work.

CCO No. 1 includes $57,835.53 to perform the additional EMWD utility relocation work, as well as $13,124.21 in overages to original bid item quantities which the City would be responsible for covering, for a total amount of $70,959.74. The contract activity, including all CCOs to date, is summarized in Table 1 below.

TABLE 1 - CONTRACT ACTIVITY SUMMARY
Contract
Activity
Approval Date Summary of Changes Amount
Original
Contract
March 6, 2024 Original construction services $1,237,100.00 CCO No. 1 Pending EMWD utility relocation T&M, Additional cross walk striping, Additional Class 2 base,
Additional driveways, Electrical conduits
$70,959.74
TOTAL $1,308,059.74
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.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed CCO No. 1 with the Contractor is $70,959.74, increasing the total Contract value to $1,308,059.74. EMWD would be responsible for reimbursing the City $57,835.53 and the City would be responsible for $13,124.21 of this CCO No. 1. Funding for the proposed CCO No. 1 is available in the Fiscal Year 2024/2025 budget within the Measure A Fund (2220-PWD-CIPS-760020), as summarized in Table 2 on the following page.

Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 2

Menifee Mayor and City Council
November 6, 2024
Page
433 of 1464

City of Menifee Staff Report
CIP 23-04 CCO No. 1
November 6, 2024

Page 3 of 3 ends

2 3
7 4
TABLE 2 – PROJECT BUDGET
Fund Available Budget Anticipated Cost
Measure A $249,284.98 $70,959.74
TOTAL $249,284.98 $70,959.74
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. CCO No. 1

3. Original Contract
Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 3

Menifee Mayor and City Council
November 6, 2024
Page
434 of 1464

215
Antelope Rd
Adams Ave
Washington Ave
2nd St
4th St
Monroe Ave
3rd St
Jefferson Ave
Watson Rd
74 PERRIS
215
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Menifee Rd
M
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0 0.03 0.06
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\RomolandGrid_3rdSt_ATP\RomolandGrid_3rdSt_ATP.aprx Date: 2/7/2024 Romoland Grid Area - 3rd Street - ATP (CIP 23-04)
Project Location Map
Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 4

Menifee Mayor and City Council
November 6, 2024
Page
435 of 1464

CONTRACT CHANGE ORDER NO. 1 Page 1 of 2
P.O. #: 24100343
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:

ITEM U/M QUANTITY % CHANGE UNIT PRICE TOTAL
1 LS 1 $66,835.53 $66,835.53
2 TN (70) $105.00 ($7,350.00)
3 SF (2,808) $4.75 ($13,338.00)
4 LF (125) $54.00 ($6,750.00)
5 EA (6) $250.00 ($1,500.00)
6 LF 236.00 $10.00 $2,360.00
7 TN 275.00 $95.00 $26,125.00
8 SF 408.00 $7.25 $2,958.00
9 LS 1.00 $10,619.21 $10,619.21
10 EA -2.00 $4,500.00 ($9,000.00)
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $70,959.74 JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) ADDITIONAL WORKING DAYS WILL BE GRANTED TO CONTRACTOR DUE TO:

EMWD REIMBURSABLE T&M TICKETS
ITEM 1) DURING CONSTRUCTION IT WAS AGREED BY EMWD, THE CITY, AND THE CONTRACTOR THAT THE COSTS TO COVER ADDITIONAL RELOCATIONS OF ALL WATER FACILITIES WOULD BE DONE THROUGH A TIME & MATERIALS (T&M) ARRANGEMENT NEGATING BID ITEMS 21-24.

THE WORK PERFORMED BY THE CONTRACTOR IS PAID BY THE CITY AND REIMBURSED BY EMWD PER THE EXISTING REIMBURSEMENT AGREEMENT BETWEEN BOTH AGENCIES.

ITEM 2) BID ITEM 11 WAS 4" AC OVERLAY ACTU,AL QUANTITIES WERE UNDER THE CONTRACT AMOUNT AND SERVES AS A CREDIT BACK TO THE CITY. ITEM 3) BID ITEM 13 WAS 4" PCC SIDEWALK ACTUAL QUANTITIES WERE UNDER THE CONTRACT AMOUNT AND SERVES AS A CREDIT BACK TO THE CITY ITEM 4) BID ITEM 14, 6" CURB & GUTTER ACTUAL QUANTITIES WERE UNDER THE CONTRACT AMOUNT AND SERVES AS A CREDIT BACK TO THE CITY ITEM 5) BID ITEM 34, INSTALL NEW POST ACTUAL QUANTITIES WERE UNDER THE CONTRACT AMOUNT AND SERVES AS A CREDIT BACK TO THE CITY ITEM 6) BID ITEM 31 INSTALL THERMOPLASTIC CROSS WALK PER CITY STANDARD 1201 ORIGINAL CONTRACT QUANTITIES WERE EXCEEDED AS VERIFIED BY CITY INSPECTOR. THE ADDITIONAL COSTS WERE AGREED TO PER THIS CHANGE ORDER. ITEM 7) BID ITEM 12 4" CLASS II BASE ACTUAL QUANTITIES EXCEEDED THE ORIGINAL ESTIMATE WHICH WAS VERIFIED BY THE PROJECT INSPECTOR.

ITEM 8) BID ITEM 16 3 ADDITIONAL DRIVEWAYS WERE ADDED TO THE CONTRACT AS APPROVED BY THE CITY AND VERIFIED BY THE INSPECTOR.

ITEM 9 ) ADDITIONAL ELECTRICAL CONDUITS WERE REQUIRED BY THE CITY AT INTERSECTION CROSSINGS FOR FUTURE STREET LIGHTING AND OTHER POTENTIAL ELECTRICAL NEEDS AS VERIFIED BY THE INSPECTOR.

BID ITEM 16 CONSTRUCT RESIDENTIAL

DRIVEWAYS EXCEEDED THE ORIGINAL
CONTRACT.

BID ITEM 24 RELOCATE EXISTING

WATER METER PER EMWD WAS

ACCOUNTED FOR IN THE T&M CHANGE

ORDER WORK AS PART OF THIS

CHANGE ORDER
BID ITEM 31 THERMAL CROSS WALK

ACTUAL QUANTITIES EXCEEDED THE

CONTRACT AMOUNT
BID ITEM 11 4" AC OVERLAY ACTUAL

QUANTITIES WERE UNDER THE BID

QUANTITIES
BID ITEM 13 4" PCC SIDEWALK ACTUAL

QUANTITIES WERE UNDER THE BID

QUANTITIES
BID ITEM 14 6" CURB & GUTTER

ACTUAL QUANTITIES WERE UNDER

THE BID QUANTITIES
9/26/2024 DATE:

BID ITEM 12 4" OF CLASS II BASE

ACTUAL QUANTITIES EXCEEDED THE

CONTRACT AMOUNT

ADDITIONAL CONDUITS FOR FUTURE

STREET LIGHTS AND OTHER

ELECTRICAL NEEDS WERE ADDED TO

THE CONTRACT PER THE PUBLIC

WORKS DIRECTOR
PROJECT NAME:

PROJECT NO:

CONTRACTOR:

CIP 23-04
BID ITEM 34 INSTALL NEW POSTS

ACTUAL QUANTITIES WERE UNDER

THE BID QUANTITIES

GRANITE CONSTRUCTION
ROMOLAND 3RD ST IMPROVEMENTS

DESCRIPTION
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project. Work items shall include labor, materials, neccesary for the performance and completion of the additional work.equipment, traffic control, and incidentals This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

M:\Public Works Department\_Public Works Projects\CIP Projects\23-04 Romoland 3rd St Improvements-CDBG\D- Construction\C-5 Change Orders (CCO) & Supporting Docs\CIP 23-04 CCO#1 Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 5

Menifee Mayor and City Council
November 6, 2024
Page
436 of 1464

Page 2 of 2 ends

PREVIOUS
CCO # Amount % Additional Time Date Approved

0.00%

0.00%
Totals -$ 0

CURRENT
CCO # Amount % Additional Time Date Approved
1 70,959.74 $ 5.74%
70,959.74 $ 5.74% 0
April 15, 2024
July 9, 2024
0 July 9, 2024

AUTHORIZATION BY CITY:

Recommended for approval by:

Date: __________ Date: __________
Diego Guillen, Senior Engineer Don Sharp, Construct ion Manager Approved by:

Date: __________ Date: __________
Nicolas Fidler, PW Director Armando G. Villa, City Man ager ACCEPTANCE BY CONTRACTOR:

Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Original Completion Date:

Additional Time (Working Days)
______________________________________________
Current Change Order Amount:

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

CONTRACT VARIANCE SUMMARY
____________________________________________
Date Started:

T&M TICKETS FOR EMWD, NEW ITEMS, CONTRACT

ITEMS EXCEEDING THE CONTRACT AMOUNT, AND

ITEMS EITHER NOT EMPLOYED OR WERE UNDER

THE ACTUAL CONTRACT AMOUNT
Description
________________________________________________________________________ 1,237,100.00 $
Previous Change Order Amounts:

TOTAL ALL CCOs
Revised Completion Date:
70,959.74 $
Description
Revised Contract Amount:

Original Contract Amount:
-$
1,308,059.74 $
________________________________________
M:\Public Works Department\_Public Works Projects\CIP Projects\23-04 Romoland 3rd St Improvements-CDBG\D- Construction\C-5 Change Orders (CCO) & Supporting Docs\CIP 23-04 CCO#1 Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 6

Menifee Mayor and City Council
November 6, 2024
Page
437 of 1464

2905/031858-0001
19201719.4 a10/04/23

CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
ROMOLAND GRID AREA - 3RD STREET - ATP PROJECT
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2024 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and GRANITE CONSTRUCTION COMPANY, a C- Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

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

SECTION 1. SERVICES.

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

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

1.2 T
erm of Services . The term of this Agreement shall begin on March 6, 2024.

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

1.3 S
tandard of Performance .
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described her ein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 March6
Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 7

Menifee Mayor and City Council
November 6, 2024
Page
438 of 1464

2905/031858-0001
19201719.4 a10/04/23 -2-

all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. S
afety . Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulat ions, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. War
ranty . Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sol e cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
Contract

Change

Order

with

Granite

Construction

for

the

Romoland

Grid

Area

–

3rd

Street

Project

–

Active

Transportation
Program Project
Item Page Number: 8

Menifee Mayor and City Council
November 6, 2024
Page
439 of 1464

2905/031858-0001
19201719.4 a10/04/23 -3-

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

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

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

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

1.6 F
orce Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

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

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

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

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

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SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed One Million Two Hundred Thirty Seven Thousand One Hundred Dollars and Zero Cents ($1,237,100.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section

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

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

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

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Invoices shall be submitted to:

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

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

2.5 R
etention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City , or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services , the securities shall be returned to Contractor . Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

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

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

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

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

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

2.11 N
o Waiver . Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

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

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

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

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

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter - insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

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

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

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of C overage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. A
dditional R equirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

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

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

4.5 A
ll Policies Requirements .
a. Verification of Coverage . Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:

ROMOLAND GRID AREA - 3RD STREET - ATP PROJECT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. N
otice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. A
dditional Insured; P rimary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

4.6 P
ayment and Performance Bonds . Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

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

SECTION 5. INDEMNIFICATION.

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

5.2 I
ndemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

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

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

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

SECTION 6. INDEPENDENT CONTRACTOR.

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

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

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

SECTION 7. LEGAL REQUIREMENTS.

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

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

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

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

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub- consultants or subcontractors employed by Contractor in connection with this Agreement.
(vi) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two -hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. D
IR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. I ndemnification Related to Prevailing Wages . Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wa ges and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

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

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

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

7.8 L
iquidated Damages . Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

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

8.2 T ermination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

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

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

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

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

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnet ically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

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

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

9.3 R
ecords . Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

10.6 S
uccessors 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 C ontractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement f or directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

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10.8 City Contract Administration . This Agreement shall be administered by a City employee, Diego Guillen, Senior Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

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

10.9 N
otices . Any written notice to Contractor shall be sent to:

Granite Construction Company
Attn: Scott McArthur, Vice President, Regional Operations 5260 El Camino Real, #200
Carlsbad, CA 92008
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Diego Guillen, Senior Engineer
with a copy to:

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

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail. Either Par ty may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.

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

10.11 I
ntegration, Interpretation . This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed DocuSign Envelope ID: 9514B4FF-8234-4418-9288-DBD8D37E36B5 Item Title: 10.22
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for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

10.13 E xecution 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 s o executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

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

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

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

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

10.18 N
o 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 interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.

[Signatures on Following Page]

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

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR

Scott McArthur, Vice President, Regional
Operations

Joe Buckley, Area Manager

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

SPECIAL REQUIREMENTS

INTENTIONALLY LEFT BLANK

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EXHIBIT B

SCOPE OF SERVICES
Services shall include ROMOLAND GRID AREA - 3RD STREET - ATP PROJECT services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed One Million Two Hundred Thirty Seven Thousand One Hundred Dollars and Zero Cents ($1,237,100.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

The numerical reference for the Bid Package or Request for Proposals is: ___#67 CIP 23 -04 Romoland Grid Area - 3rd Street - ATP Project.

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CITY OF MENIFEE
SUBJECT: Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC
MEETING DATE: November 6, 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 filing of Tract Map 38303, Menifee Valley, by Minor Ranch LLC, located east of Menifee Road, west of Briggs Road, south of Highway 74, and north of Matthews Road; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee completion of required backbone public improvements associated with Tract Map 38303; and

3. Approve and authorize the City Manager to execute a Lien Agreement to provide a guarantee for the backbone public improvements for the frontage along Highway 74 and Briggs Road.

DISCUSSION
Tract Map 38303 (TM38303), also known as Menifee Valley (“Project”), is a proposed subdivision of 594.6 gross acres of land into 11 lots for industrial, commercial, and residential purposes. The Project is located east of Menifee Road, west of Briggs Road, south of Highway 74 and north of Matthews Road.

Minor Ranch LLC, a Delaware limited liability company, (“Developer”) is now requesting approval and filing of TM38303 and approval of the associated Subdivision Improvement Agreement (SIA) as required by the Project’s conditions of approval. The SIA requires that improvement securities are posted to guarantee the completion of the required onsite and offsite improvements. The SIA requires that backbone public improvements be completed within 24 months from the date of City Council approval.

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 1

Menifee Mayor and City Council
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City of Menifee Staff Report
Tract Map 38303 Menifee Valley
November 6, 2024

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The Developer has provided bonds as a security for the backbone public improvements that have plans with quantities for bonding. For public improvements on the Project frontage along Briggs Road and Highway 74, a lien agreement is being proposed as a guarantee for the public improvements. The Developer intends to replace the lien agreement with bonds once the Project plans have sufficient details to prepare bond forms.

Staff has reviewed the Developer’s request and determined that the SIA, bonds and lien agreement meet the requirements of the Project’s conditions of approval. A summary of the securities being posted to guarantee the required improvements are shown in the tables below.

TABLE 1 – MONUMENT BOND
Improvement Security Monument Bond
Monuments TM38303 30225078 $ 43,200
Total $ 43,200
TABLE 2 – BACKBONE PUBLIC IMPROVEMENTS BONDS
Improvement Security Faithful
Performance
Labor &
Materials
Streets and Drainage
Menifee Road TCS0172691 $ 1,726,000 $ 863,000
Streets and Drainage
Interior Backbone TCS0172693 $ 6,358,000 $ 3,179,000 Drainage – Riverside County Flood
Control TCS0172690 $ 10,599,000 $ 5,299,500
Domestic Water System BDTO500218024 $ 1,299,000 $ 649,500 Recycled Water System –
Menifee Road & McLaughlin Road TCS0172692 $ 3,041,000 $ 1,520,500 Recycled Water System –
Malaga Road BDTO500220024 $ 880,000 $ 440,000 Sewer System BDTO500219024 $ 542,000 $ 271,000 Total $ 24,445,000 $ 12,222,500
TABLE 3 – LIEN AGREEMENT FOR BACKBONE PUBLIC IMPROVEMENTS ON BRIGGS ROAD AND HWY 74
Improvement Security Lien Amount
Streets and Drainage – HWY 74 Lien Agreement $ 6,630,000 Streets and Drainage – Briggs Road Lien Agreement $ 3,998,000 Total $ 10,628,000
The total securities required for all improvements have been provided by the Developer in the total amount of $35,116,200.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 2

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City of Menifee Staff Report
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FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of TM38303. The Developer would be required to annex into the City’s Community Facilities District (CFD) for maintenance services as the Project parcels develop. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year property assessments levies via the future CFD annexation.

ATTACHMENTS

1. Project Map

2. Tract Map

3. Subdivision Improvement Agreement

4. Bond – Monuments

5. Bond – Streets/Drainage - Menifee Road

6. Bond – Streets/Drainage – Interior Streets

7. Bond – Drainage – Flood Control

8. Bond – Water

9. Bond – Recycled Water – Menifee Road/McLaughlin Road

10. Bond – Recycled Water – Malaga Road

11. Bond - Sewer

12. Lien Agreement
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PROJECT MAP
74 LOT 1
LOT 2
LOT 4 LOT 3
LOT 6
LOT 5 LOT 7
LOT 8
LOT 9
LOT 10
LOT 11
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74 MENIFEE ROADMcLAUGHLINMcKINLEY

MALAGABRIGGSMATEROS

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HWYSTATE
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SHEET 8 OF 21 SHEETS
Θ HUNSAKERENWS74

MENIFEE ROAD

BRIGGSROAD

HWYSTATE
ROAD
A.T.&S.F. R.R.MATTHEWSSEE SHEET 11SEE SHEET 12
LOT 1LOT 2LOT 3LOT 7LOT 6LOT 5LOT 8LOT 10LOT 11
SEE SHEET 9SEE SHEET 10BISCAYNEMcKINLEY ROADLOT "B"
MALAGAROADLOT "A"LOT "D"
ROADLOT "C"
LOT "E"
LOT "F"
LOT 4LOT "G"
LOT 9McLAUGHLIN
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 12

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November 6, 2024
Page
489 of 1464

SHEET 9 OF 21 SHEETS
Θ HUNSAKERENWSLINE TABLELINE TABLE
(SEE SHEET 11 FOR CONTINUATION)
(SEE SHEET 10 FOR CONTINUATION)(SEE SHEETS 10 & 12 FOR CONTINUATION)(SEE SHEETS 11 & 12 FOR CONTINUATION) (SEE DETAIL "F"ON SHEET 14)
(SEE DETAIL "G" ON SHEET 15)
(SEE DETAIL "J" ON SHEET 16)(SEE DETAIL "I"ON SHEET 13) 74 MENIFEE
McLAUGHLIN ROAD
McKINLEY

MALAGA ROAD

HWYSTATEROADCL

BISCAYNELC
CL
ROAD
CL
LC
LC
LOT 110.360 AC.

LOT 574.438 AC.

LOT 428.237 AC.LOT "B"(PUBLIC ROAD)
LOT "A"(PUBLIC ROAD)
LOT "C"(PUBLIC ROAD)
LOT "D"(PUBLIC ROAD)
LOT "G"(PUBLIC ROAD)
CONST. MALAGA ROADLCCONST. McLAUGHLIN ROADCL (SEE DETAIL "H"ON SHEET 14)
(SEE DETAILS "T" & "U" ON SHEET18 & DETAIL "Y" ON SHEET 19) Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 13

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November 6, 2024
Page
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SHEET 10 OF 21 SHEETS

LINE TABLE
(SEE SHEET 12 FOR CONTINUATION)
(SEE SHEET 9 FOR CONTINUATION)
(SEE SHEETS 11 & 12 FOR CONTINUATION)(SEE SHEETS 9 & 11 FOR CONTINUATION) Θ HUNSAKERENWS
(SEE DETAIL "K"ON SHEET 17)(SEE DETAIL "I"ON SHEET 13)
74 McLAUGHLIN ROADBRIGGS

HWYSTATE ROAD
CL
CL
LC
LOT 220.587 AC.

LOT 311.261 AC.

LOT 622.703 AC.LOT 724.542 AC.

LOT 89.976 AC.
(SEE DETAIL "H"ON SHEET 14)
MALAGA ROADLCLOT "D"(PUBLIC ROAD)CONST. MALAGA ROADLC LOT "C"(PUBLIC ROAD)CONST. McLAUGHLIN ROADCL LOT "E"(PUBLIC ROAD) Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 14

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November 6, 2024
Page
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SHEET 11 OF 21 SHEETS
Θ HUNSAKERENWS(SEE SHEETS 9 & 10 FOR CONTINUATION)(SEE SHEET 9 FOR CONTINUATION) (SEE SHEETS 10 & 12 FOR CONTINUATION)(SEE SHEETS 12 & 13 FOR CONTINUATION)(SEE SHEET 13 FOR CONTINUATION)

LINE TABLE
Θ HUNSAKERENWS

LINE TABLE
A.T.&S.F. R.R.MATTHEWSCL ROADLOT 11229.210 AC.
(SEE DETAIL "I" ON SHEET 12)
(SEE DETAIL "J" ON SHEET 16)

MENIFEE ROAD
McKINLEY
ROAD
ROAD
A.T.&S.F. R.R.

MATTHEWS
LC

MENIFEE ROADCL
CL
(SEE DETAIL"L" HEREON)
LC LOT 10115.728 AC.LOT 95.017 AC.

McLAUGHLIN ROADCLCONST. McLAUGHLIN ROADCL LOT "D" (PUBLIC ROAD) LOT "A"(PUBLIC ROAD)
LOT "C"(PUBLIC ROAD)(SEE DETAIL "J" ON SHEET 16)
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 15

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November 6, 2024
Page
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SHEET 12 OF 21 SHEETS
Θ HUNSAKERENWS(SEE SHEET 10 FOR CONTINUATION)(SEE SHEETS 9 & 10 FOR CONTINUATION) (SEE SHEETS 9 & 11 FOR CONTINUATION)(SEE SHEET 11 FOR CONTINUATION)

LINE TABLE
LOT "D"(PUBLIC ROAD)

CURVE TABLE
(SEE DETAIL "I"ON SHEET 13)
BRIGGS

MATTHEWS ROADLC
ROAD
LC
LOT 11229.210 AC.

McLAUGHLIN ROADCL LOT "C"(PUBLIC ROAD)CONST. McLAUGHLIN ROADCL A.T.&S.F. R.R.

LOT "E"(PUBLIC ROAD)(SEE DETAIL "K"ON SHEET 17)
BRIGGSCL(SEE DETAIL "M"ON SHEET 15)
ROAD(SEE DETAIL "R"ON SHEET 13)
(SEE DETAIL "L"ON SHEET 11)
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 16

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November 6, 2024
Page
493 of 1464

SHEET 13 OF 21 SHEETSLINE TABLE
Θ HUNSAKERENWS
(SEE SHEETS 9 & 10 FOR CONTINUATION)
(SEE SHEETS 11 & 12 FOR CONTINUATION)
(SEE SHEETS 10 & 12 FOR CONTINUATION)
(SEE SHEETS 9 & 11 FOR CONTINUATION)

CURVE TABLE
Θ HUNSAKERENWS
(SEE SHEET 12 FOR CONTINUATION)
Θ HUNSAKERENWS(SEE DETAIL "I" BELOW)
(SEE DETAIL "I" BELOW)
(SEE DETAIL "I" BELOW)
(SEE SHEETS 9 & 10 FOR CONTINUATION)
McLAUGHLIN ROADLCLCCONST. McLAUGHLIN ROADLOT 574.438 AC.LOT 622.703 AC.

LOT 10115.728 AC.LOT "C"(PUBLIC ROAD)
LOT "D"(PUBLIC ROAD)(SEE DETAIL "S" HEREON)LCCONST. MALAGA ROADLCMALAGA ROAD LOT 11229.210 AC.BRIGGSCLROADLOT "E"(PUBLIC ROAD)LOT "D"(PUBLIC ROAD) LOT "C"(PUBLIC ROAD)
LCCONST. MALAGA ROAD
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 17

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November 6, 2024
Page
494 of 1464

SHEET 14 OF 21 SHEETS
Θ HUNSAKERENWSCURVE TABLELINE TABLE
(SEE DETAIL "G" ON SHEET 15)(SEE SHEET 9 FOR CONTINUATION) (SEE SHEET 9 FOR CONTINUATION)
(SEE SHEETS 9 & 15 FOR CONTINUATION)Θ HUNSAKERENWS
74 McKINLEY

HWYSTATE
ROAD
CL
CL
LOT 110.360 AC.

LOT 428.237 AC.

BISCAYNE
LOT "G"(PUBLIC ROAD)
LOT "B"(PUBLIC ROAD)LOT 428.237 AC.

LOT 110.360 AC.LOT 220.587 AC.LOT "D"(PUBLIC ROAD)MALAGA ROADLCCONST. MALAGA ROADLC 74HWYSTATECL
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 18

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November 6, 2024
Page
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SHEET 15 OF 21 SHEETS
Θ HUNSAKERENWS
(SEE DETAIL "F" ON SHEET 14 FOR CONTINUATION)
(SEE BELOW LEFT HEREON)
(SEE ABOVE RIGHT HEREON)
(SEE SHEET 9 FOR CONTINUATION)
(SEE SHEET 9 FOR CONTINUATION)
(SEE SHEET 9 FOR CONTINUATION)

LINE TABLE
Θ HUNSAKERENWS(SEE SHEET 13 FOR CONTINUATION)(SEE SHEET 13 FOR CONTINUATION) LOT 428.237 AC.

MENIFEE ROADBISCAYNECLCL LOT "B"(PUBLIC ROAD)
LOT 574.438 AC.
(SEE DETAIL "D"ON SHEET 5)
BISCAYNECLLOT "B"(PUBLIC ROAD)LOT 574.438 AC.

LOT 428.237 AC.LOT 428.237 AC.

BRIGGS ROAD
A.T.&S.F. R.R.MATTHEWS ROADLC CLLOT 11229.210 AC.

LOT "F"(PUBLIC ROAD)
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 19

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November 6, 2024
Page
496 of 1464

SHEET 16 OF 21 SHEETS
Θ HUNSAKERENWS(SEE SHEETS 7 & 9 FOR CONTINUATION)CURVE TABLELINE TABLE (SEE SHEET 9 FOR CONTINUATION)
(SEE SHEET 11 FOR CONTINUATION)
(SEE BELOW LEFT FOR CONTINUATION)
(SEE ABOVE RIGHT FOR CONTINUATION)

RADIAL TABLE
(SEE SHEET 11 FOR CONTINUATION)
(SEE SHEET 9 FOR CONTINUATION)
Θ HUNSAKERENWS
McLAUGHLIN ROADCLLOT "C"(PUBLIC ROAD)CONST. McLAUGHLIN ROADCLLOT "A"(PUBLIC ROAD)MENIFEE ROADCL Θ HUNSAKERENWS McLAUGHLIN ROADCLMENIFEECL
ROAD
LOT 10115.728 AC.

LOT 574.438 AC.

LOT "C"(PUBLIC ROAD)
LOT "A"(PUBLIC ROAD)
CONST. McLAUGHLIN ROADCL
(SEE DETAIL "N"HEREON FOR CORNERCUTBACK DATA)
LOT 10115.728 AC.

LOT 574.438 AC.LOT "C"(PUBLIC ROAD)McLAUGHLIN ROADCLCONST. McLAUGHLIN ROADCL Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 20

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November 6, 2024
Page
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SHEET 17 OF 21 SHEETS
Θ HUNSAKERENWS (SEE SHEET 10 FOR CONTINUATION)
(SEE SHEET 12 FOR CONTINUATION)
(SEE BELOW RIGHT FOR CONTINUATION)
(SEE ABOVE LEFT FOR CONTINUATION)(SEE SHEET 12 FOR CONTINUATION) (SEE SHEET 10 FOR CONTINUATION)
(SEE SHEETS 10 & 12 FOR CONTINUATION)

LINE TABLECURVE TABLE
Θ HUNSAKERENWSMcLAUGHLIN ROADCL
LOT "E"(PUBLIC ROAD)CONST. McLAUGHLIN ROADCLLOT "C"(PUBLIC ROAD)BRIGGS ROADCL

BRIGGSLC
ROAD
McLAUGHLINCL ROADLOT "C"(PUBLIC ROAD)
LOT 89.976 AC.

LOT 11229.210 AC.

CONST. McLAUGHLIN ROADCL
(SEE DETAIL "O"HEREON FOR CORNERCUTBACK DATA)
LOT "E"(PUBLIC ROAD)
McLAUGHLINCLROADCONST. McLAUGHLIN ROADCL LOT 89.976 AC.

LOT 11229.210 AC.

LOT 724.542 AC.

LOT "C"(PUBLIC ROAD)
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 21

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November 6, 2024
Page
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SHEET 18 OF 21 SHEETS
Θ

HUNSAKERENWS

LINE TABLE

CURVE TABLE
Θ

HUNSAKERENWS
LOT 110.360 AC.

McKINLEY STREETCL
LOT 428.237 AC.

LOT 574.438 AC.

LOT 110.360 AC.

BISCAYNECLLOT "B"(PUBLIC ROAD)
LOT "G"(PUBLIC ROAD)
McKINLEY STREETCL
LOT 428.237 AC.

LOT 574.438 AC.

BISCAYNECLLOT "B"(PUBLIC ROAD)
LOT "G"(PUBLIC ROAD)
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 22

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November 6, 2024
Page
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SHEET 19 OF 21 SHEETS
(SEE SHEET 9)

LINE TABLECURVE TABLE
Θ HUNSAKERENWS (SEE SHEET 9)
(SEE SHEET 10)
(SEE SHEET 10)(SEE SHEET 10)
(SEE SHEET 10)
(SEE SHEETS 14 & 18)Θ HUNSAKERENWS

LINE TABLE
LOT "C"(PUBLIC ROAD)McLAUGHLIN ROADLOT 574.438 AC.

LOT 89.976 AC.LOT 724.542 AC.

LOT "C"(PUBLIC ROAD)McLAUGHLIN ROAD
LOT "C"(PUBLIC ROAD)McLAUGHLIN ROADLOT 724.542 AC.

McKINLEY STREETCL
LOT 110.360 AC.

LOT "G"(PUBLIC ROAD)
LOT 428.237 AC.

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 23

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November 6, 2024
Page
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SHEET 20 OF 21 SHEETS(SEE SHEET 11)
(SEE SHEET 11)

LINE TABLECURVE TABLE
Θ HUNSAKERENWSMENIFEE ROADLOT 95.017 AC.

LOT "A"(PUBLIC ROAD)
LOT 10115.728 AC.MATTHEWS ROADCL
LOT 11229.210 AC.

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 24

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November 6, 2024
Page
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SHEET 21 OF 21 SHEETS
Θ HUNSAKERENWSLINE TABLELINE TABLE
(SEE SHEET 9 FOR CONTINUATION)
Θ HUNSAKERENWS

CURVE TABLE
McLAUGHLIN ROADMENIFEE ROAD

MENIFEE ROAD

BISCAYNE

BISCAYNE
LOT 574.438 AC.LOT 574.438 AC.

LOT 574.438 AC.LOT 428.237 AC.

MENIFEE
McLAUGHLIN ROAD

BISCAYNELC
CL
ROAD
CL
LOT 574.438 AC.LOT 428.237 AC.LOT "B" - (PUBLIC ROAD)
LOT "A" - (PUBLIC ROAD)
LOT "C" - (PUBLIC ROAD)CONST. McLAUGHLIN ROADCLLOT 574.438 AC. ( SEE DETAIL "BB" HEREON )( SEE DETAIL "CC" HEREON )
( SEE DETAIL "DD" HEREON )
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 25

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November 6, 2024
Page
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ENVIRONMENTAL CONSTRAINT NOTES: (FILED IN BOOK 100, PAGE 114) Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 26

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 27

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November 6, 2024
Page
504 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 28

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November 6, 2024
Page
505 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 29

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November 6, 2024
Page
506 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 30

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November 6, 2024
Page
507 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 31

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November 6, 2024
Page
508 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 32

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November 6, 2024
Page
509 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 33

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November 6, 2024
Page
510 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 34

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November 6, 2024
Page
511 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 35

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November 6, 2024
Page
512 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 36

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November 6, 2024
Page
513 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 37

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November 6, 2024
Page
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CITY OF MENIFEE

OFFICE OF THE CITY SURVEYOR

MONUMENT BOND COMPUTATION
Menifee Valley
Prepared by: Hunsaker & Associates
Date: 9/3/2024
MAP # 38303 SCHEDULE MAP CHECKER

Cost per Monument
Sht CL RW Int. $2500.00* $300
5 9
9 3 16 2
10 5 19 5
11 3 10 7
12 10
13 5 3
15 5 18
Total 30 76 14
Sht CL RW Int. $2500.00* $600
4 0
x + 20% = Total Bond Amount
x x 120% = $43,200.00
$
Date:

Prepared by:

Date: .

Robert N. Beuschlein
REVISED 2010 L.S. 7874
120
Monument Inspection Fee (Deposit Based)
( ) Set monuments
( ) Monuments will need to be recovered and/or reset at time of inspection Submitted Monument Bond Computation to Planning Dept. Plan Check Review * Based on a crew of, 1) Registered Principal Eng. Technician, 1) Senior Eng. Technician. $300
Total Monuments to be Bonded Cost per Monument
Schedule "I" Maps
Minimum Cost
Schedule "A" through "H" Maps
1 09/03/24
Approved for Bonding
CR 9/17/2024
TM38303
Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 38

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November 6, 2024
Page
515 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 39

Menifee Mayor and City Council
November 6, 2024
Page
516 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 40

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November 6, 2024
Page
517 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 41

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November 6, 2024
Page
518 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 42

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November 6, 2024
Page
519 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 43

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November 6, 2024
Page
520 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 44

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November 6, 2024
Page
521 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 45

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November 6, 2024
Page
522 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 46

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 47

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November 6, 2024
Page
524 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 48

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November 6, 2024
Page
525 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 49

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 50

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 51

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 52

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November 6, 2024
Page
529 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 53

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November 6, 2024
Page
530 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 54

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November 6, 2024
Page
531 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 55

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November 6, 2024
Page
532 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 56

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November 6, 2024
Page
533 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 57

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November 6, 2024
Page
534 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 58

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 59

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November 6, 2024
Page
536 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 60

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 61

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November 6, 2024
Page
538 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 62

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November 6, 2024
Page
539 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 63

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November 6, 2024
Page
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Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 64

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November 6, 2024
Page
541 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 65

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November 6, 2024
Page
542 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 66

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November 6, 2024
Page
543 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 67

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November 6, 2024
Page
544 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 68

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November 6, 2024
Page
545 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 69

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November 6, 2024
Page
546 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 70

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November 6, 2024
Page
547 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 71

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November 6, 2024
Page
548 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 72

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November 6, 2024
Page
549 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 73

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November 6, 2024
Page
550 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 74

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November 6, 2024
Page
551 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 75

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November 6, 2024
Page
552 of 1464

Item Title: 10.23
Tract Map, Agreements, and Bonds for Tract Map 38303, Menifee Valley, by Minor Ranch LLC Item Page Number: 76

Menifee Mayor and City Council
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CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC
MEETING DATE: November 6, 2024
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of final map for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC, located south of Rouse Road and east of Trumble Road; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee the completion of required public improvements associated with Tract Map 37408-1.

DISCUSSION
Tract Map 37391, also known as Legado (“Development”), is an approved subdivision that consists of 331 gross acres of land to be subdivided into 18 lots for residential, commercial, and park use, and 28 lots for roads and utilities. TM 37391 was recorded to establish the Development’s planning areas to be further subdivided in the future. The Development is located east of Encanto Drive, south of Rouse Road, west of Antelope Road, and north of Chambers Avenue as shown in the attached Legado Site Map.

In 2024, Lennar Homes of California, LLC. (“Developer”) purchased the first phase of the Development, entered into improvement agreements with the City for construction of backbone infrastructure, and began preparing four tract maps within Phase 1 (“Project”). Tract Map 37408-1 (TM37408-1), the first of the four Project maps, is a proposed subdivision of 15.67 gross acres of land into 73 single-family residential lots. TM37408-1 is located east of the I-215 Freeway, south of Rouse Road, and east of Trumble Road as shown in the attached Project Site Map. The final filing of maps TM37408-2, -3, and -4 have been provided as separate agenda items for City Council consideration.

Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 1

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City of Menifee Staff Report
Final Map 37408-1 Legado
November 6, 2024

Page 2 of 2 ends

2 3
8 8
The Developer is now requesting approval and filing of the final map for TM37408-1 and approval of the associated Subdivision Improvement Agreement (“SIA”) as required by the Project’s conditions of approval. The SIA requires that improvement securities are posted to guarantee the completion of the required onsite and offsite improvements. The SIA requires that public improvements be completed within 12 months from the date of City Council approval.

Staff has reviewed the Developer’s request and determined that the SIA meets 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 below.

TABLE 1 – ONSITE PUBLIC IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Streets and Drainage 0809119 $ 1,345,500 $ 672,750
Water System 0809119 $ 164,000 $ 82,000
Sewer System 0809119 $ 193,500 $ 96,750
Total $ 1,703,000 $ 851,500
TABLE 2 – MONUMENT IMPROVEMENTS
Improvement Security
Survey Monuments 0809129 $ 80,640
Total $ 80,640
The total securities required for all improvements have been provided by the Developer in the total amount of $1,783,640.

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 TM37408-1. 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 12, Zone 12.

ATTACHMENTS

1. Legado Site Map

2. Project Site Map

3. Final Map

4. Agreement

5. Bond – Improvements

6. Bond – Monuments
Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 2

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 3

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1 2 3 4 5 6 8 9 10 11 12
20 19 18 17 16 15 14 1322 21
24 25 26 3127 29 3028 32
43 42 40 39 38 37 36
35 34
41 33
23 44
45 46 47 48 49 50 51 52 53 54 55 56
73 72
71 70 69 64 63 62 6167 66 65 60 59 58
5768
LOT "D"
LOT "E"
LOT "A"
LOT "C"

TWO CELLOS WAY

SITAR CIRCLE

UKULELE CIRCLE

ROCKABILLY ROAD

PENNYWHISTLE WAY

ROUSE ROAD
Drawing: \\\\ka-fs\\LDD_drawings\\338506\\Exhibit\\Site plan\\City Council Site Plans\\506 - EXH - TM 37408-1 - SITE PLAN.dwg Layout: p 8.5x11 P Saved: 10/7/2024 7:48 AM Plotted: 10/7/2024 7:48 AM By: Pedram Yazdani 0 SCALE: 1"=150'
150 300 450
%%UVICINITY MAP

ROADROUSE

MURRIETA ROAD

BRADLEY ROAD

CHAMBERS AVENUE

ENCANTO DRIVE
McCALL BLVD.

McLAUGHLIN

ETHANAC
N.T.S.

ROAD
ROAD

EVANS ROAD

SHERMAN ROAD

ANTELOPE ROAD

PROJECT
SITE

INTERSTATE
215

PROJECT SITE MAP
Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 4

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 5

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 6

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 7

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 8

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 9

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Item Title: 10.24
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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 13

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 14

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 16

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 17

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 18

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 19

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 20

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 21

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 22

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 23

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 24

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 25

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Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 26

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Item Title: 10.24
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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 28

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 29

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 30

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 31

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 32

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 33

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 34

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 35

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 36

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 37

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 38

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 39

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 40

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 41

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 42

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 43

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Item Title: 10.24
Final Map, Agreement, and Bonds for Tract Map 37408-1, Legado, by Lennar Homes of California, LLC Item Page Number: 44

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CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 37408-2, Legado, by Lennar Homes of California, LLC
MEETING DATE: November 6, 2024
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of final map for Tract Map 37408-2, Legado, by Lennar Homes of California, LLC, located south of Rouse Road and west of Sherman Road; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee the completion of required public improvements associated with Tract Map 37408-2.

In 2024, Lennar Homes of California, LLC. (“Developer”) purchased the first phase of the Development, entered into improvement agreements with the City for construction of backbone infrastructure, and began preparing four tract maps within Phase 1 (“Project”). Tract Map 37408- 2 (TM37408-2), the second of the four Project maps, is a proposed subdivision of 13.11 gross acres of land into 49 single-family residential lots. TM37408-2 is located east of the I-215 Freeway, south of Rouse Road, and west of Sherman Road. The final filing of maps TM37408-1, -3, and -4 have been provided as separate agenda items for City Council consideration.

The Developer is now requesting approval and filing of the final map for TM37408-2 and approval of the associated Subdivision Improvement Agreement (“SIA”) as required by the Project’s Item Title: 10.25
Final Map, Agreement, and Bonds for Tract Map 37408-2, Legado, by Lennar Homes of California, LLC Item Page Number: 1

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November 6, 2024
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City of Menifee Staff Report
Final Map 37408-2 Legado
November 6, 2024

Page 2 of 2 ends

Menifee City CouncilNovember 6, 2024

Menifee City Council
November 6, 2024