Agenda packet, first session — Menifee City Council, March 5, 2025 (part 4 of 5)

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As the design phase for the Project progressed, preliminary landscape design meetings were held with Eastern Municipal Water District (EMWD). EMWD informed staff of an existing program called the Accelerated Retrofit Program (ARP). The ARP was established to provide resources, including potential financial assistance, to public agencies to encourage retrofitting existing landscape irrigation systems utilizing potable water to transition to reclaimed water. The City was required to provide preliminary reclaimed water design plans with irrigation calculations to EMWD to assess the feasibility of deploying the ARP program on the Project. The required submittals were provided to EMWD for evaluation and determination of eligibility to receive financial assistance through ARP. It was determined that eligibility for financial assistance through ARP would be contingent upon retrofitting additional potable waterlines well outside of the Project’s limits. The cost to convert the additional irrigation lines would result in significantly more cost to the City than EMWD would have provided through ARP.

The preliminary landscape irrigation plans required by EMWD were not part of the Consultant’s original scope. Amendment No. 5 to the PSA includes the additional engineering support and design services required to complete the landscape irrigation plans. A summary of PSA activity for the Project to date is included in Table 1 below.

Table 1 - Contract Amendment History:

PSA Activity Approval Date Summary of Changes Value
Original Contract January 19, 2022 Civil engineering design services. $1,244,031.81 Amendment No. 1 June 21, 2023
Extending terms through June 30,
2024. N/A
Amendment No. 2 January 22, 2024
Design, utility coordination, and
ROW for added segment along
east side of Murrieta Road, traffic
signal warrant analysis, right-of-
way acquisition appraisals. $155,160.00
Amendment No. 3 May 1, 2024 Wall investigation $22,783.00 Amendment No. 4 June 19, 2024 Extending terms through
December 31, 2025.

N/A
Amendment No. 5 Pending
Additional engineering & design
services for EMWD landscape
irrigation plans $29,390.00
TOTAL $1,451,364.81
Pursuant to the 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
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 5 with the Consultant is $29,390, for an Agreement total not-to-exceed $1,451,364.81. Funding for the proposed Amendment No. 5 is Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 2

Menifee Mayor and City Council
March 5, 2025
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City of Menifee Staff Report
CIP 22-02 Dokken Amendment No. 5
March 5, 2025

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available in the FY 2024/2025 budget within the Developer Impact Fee (DIF) – Circulation Fund for CIP Transportation projects (2526-PWD-CIPS-760000), as summarized in Table 2 below.

TABLE 2 – PROJECT BUDGET
Fund Project String No. Available Budget Anticipated Cost DIF - Circulation CIP22-02.2526.DES.CAE $703,948.79 $29,390.00 TOTAL $703,948.79 $29,390.00
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. Amendment No. 5

3. Original Professional Services Agreement

4. Amendment No. 1

5. Amendment No. 2

6. Amendment No. 3

7. Amendment No. 4
Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 3

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March 5, 2025
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Valley_Blvd_Widening\Valley_Blvd_Widening.aprx Date: 12/21/2021 Valley Blvd. Widening (CIP 22-02)
Project Location Map
Item Title: 10.16
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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)
AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)
This is Amendment No. 5 (“Amendment No. 5”) to that certain Professional Services Agreement (“Agreement”) made on _January 19, 2022_ between the City of Menifee (“City”) and DOKKEN ENGINEERING (“Consultant”) for CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on June 21, 2023 (“Amendment No. 1”), that certain Amendment No. 2 to the Agreement entered into on January 22, 2024 (“Amendment No. 2”), that certain Amendment No. 3 to the Agreement entered into on May 1, 2024 (“Amendment No. 3”), and that certain Amendment No. 4 to the Agreement entered into on June 19th, 2024 (“Amendment No. 4”) which this Amendment No. 5 is made and entered into on ______________, 2025 to extend the term of services and increase the compensation amount, as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 5 shall have the meanings ascribed to them in the Agreement.

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

1.1 Term of Services. The term of this Agreement shall begin on January 19, 2022 and shall end on March 5, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8.

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

3.SECTION 2, “Compensation” is amended to increase the maximum compensation by Twenty Nine Thousand Three Hundred Ninety Dollars and Zero Cents ($29,390.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Million Four Hundred Fifty One Thousand Three Hundred Sixty Four Dollars and Eighty One Cents ($1,451,364.81) 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 Item Title: 10.16
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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)
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.

4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

SCOPE OF SERVICES
Consultant shall provide Professional Enviornmental and Civil Engineering Design services for CIP 22-02 Valley Blvd. Widening Project, services in the amount not to exceed One Million Four Hundred Fifty One Thousand Three Hundred Sixty Four Dollars and Eighty One Cents ($1,451,364.81) as further detailed in the following page(s).

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

6. This Amendment No. 5 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: 10.16
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March 5, 2025
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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

CITY OF MENIFEE DOKKEN ENGINEERING
_______________________________ _______________________________ Armando G. Villa, City Manager John A. Klemunes, Jr, President Attest: ________________________________
Cathy Chan, Secretary
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.16
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EXHIBIT A

EXHIBIT A
Supplement to Scope of Services
Item Title: 10.16
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EXHIBIT A
Item Title: 10.16
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EXHIBIT A
Item Title: 10.16
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2671/031858-0001
7630421.2 a01/03/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL

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

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance w ith 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 January 19, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 January19
Item Title: 10.16
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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 ONE MILLION TWO

HUNDRED FORTY FOUR THOUSAND THIRTY ONE DOLLARS AND EIGHTY ONE CENTS ($1,244,031.81) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

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

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the per son 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 C onsultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 Item Title: 10.16
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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

2.3 Final Payment. City shall pay the last 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 ta sk or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 Item Title: 10.16
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or o ther communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

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

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 Item Title: 10.16
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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

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

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 Item Title: 10.16
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: Ci ty 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 Consulta nt, 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 m ust apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 Item Title: 10.16
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Admi nistrator 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 s atisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontrac tors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; 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 C onsultant 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 subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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

5.3 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active neglige nce. 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 Servic es 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 under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness ari sing out of performing the S ervices 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 Agr eement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 Item Title: 10.16
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employe es, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the 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 profession s.

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

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 upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

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

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

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

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

9.3 Consultant’s Books and Records . Consultant shall 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 Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

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

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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; provi ded, however, that the attorney s’ 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 P arty in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought f or 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 Pamela Dalcin -Walling, Project Manager (“Consultant’s Representative”). Th e Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

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

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

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

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

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

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the 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 written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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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 this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisi ons 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 including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

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

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

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

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

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IN WITNESS WHEREOF, the P arties hereto have executed and entered i nto this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

John A. Klemunes, Jr, President

Cathy Chan, Secretary

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 Item Title: 10.16
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Professional Environmental and civil engineering design services for CIP 22-02: Valley Blvd. Widening Project. in the amount not to exceed ONE MILLION TWO

HUNDRED FORTY FOUR THOUSAND THIRTY ONE DOLLARS AND EIGHTY ONE CENTS ($1,244,031.81) as further detailed in the following page(s).

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on _January 19, 2022_ between the City of Menifee (“City”) and DOKKEN ENGINEERING (“Consultant”) for CIP 22-02: VALLEY BLVD. WIDENING

PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) which this Amendment No. 1 is made and entered into on ______________, 2023 to extend the term of the agreement 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 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on January 19, 2022 and shall end on June 30, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
DocuSign Envelope ID: 1408834F-FBDE-4769-B526-960AE6ABF985 DocuSign Envelope ID: 7EB4ADC6-7B0D-4F3A-AB46-F1F188845135 June 21
Item Title: 10.16
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Professional Services Amendment No. 1 with DOKKEN ENGINEERING

CITY OF MENIFEE DOKKEN ENGINEERING

_______________________________ _______________________________ Armando G. Villa, City Manager John A. Klemunes, Jr, President

Attest: ________________________________
Cathy Chan, Secretary

_______________________________
Stephanie Roseen, Acting City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

DocuSign Envelope ID: 1408834F-FBDE-4769-B526-960AE6ABF985 DocuSign Envelope ID: 7EB4ADC6-7B0D-4F3A-AB46-F1F188845135 Item Title: 10.16
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EXHIBIT A

AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on _ January 19, 2022 _ between the City of Menifee (“City”) and DOKKEN ENGINEERING (“Consultant”) for CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on Ju ne 21, 2023 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2023 to increase the compensation and augment the scope of services, as indicated below:

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

2. SECTION 2, “Compensation” is amended to increase the maximum compensation by One Hundred Fifty Five Thousand One Hundred Sixty Dollars and Zero Cents ($155,160.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Million Three Hundred Ninety Nine Thousand One Hundred Ninety One Dollars and Eighty One Cents ($1,399,191.81) 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 submi t all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 January 22, 2024
Item Title: 10.16
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EXHIBIT A
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 Professional Enviornmental and Civil Engineering Design services for CIP 22-02 Valley Blvd. Widening Project , services in the amount not to exceed One Million Three Hundred Ninety Nine Thousand One Hundred Ninety One Dollars and Eighty One Cents ($1,399,191.81) 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. (Signatures on Following Page)
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 48

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EXHIBIT A

CITY OF MENIFEE DOKKEN ENGINEERING

_______________________________ _______________________________ Rebekah Kramer, Acting City Manager John A. Klemunes, Jr, President

Attest: ________________________________
Cathy Chan, Secretary

_______________________________
Sarah Manwaring, City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 49

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EXHIBIT A
EXHIBIT “A”
Supplement to Scope of Services
[Attached]
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 50

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EXHIBIT A

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EXHIBIT A

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EXHIBIT A
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 53

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EXHIBIT A

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City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada, District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, January 17, 2024
4:30 PM Closed Session
6:00 PM Regular Meeting
Rebekah Kramer, Acting City
Manager
Jeffrey T. Melching, City Attorney
Sarah Manwaring, City Clerk

10.11 Agreement Amendment No. 2 with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project

RECOMMENDED ACTION

1. Approve

and

authorize

the

City

Manager

execute

Amendment

No.

2 to

the
Professional

Services

Agreement

with

Dokken

Engineering

increasing

the
compensation

$155,160

for

total

agreement

amount

not-to-exceed
$1,399,191.81

for

the

Valley

Boulevard

Widening

and

Missing

Links,

Capital
Improvement Program (CIP) Project No. 22-02.

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CITY OF MENIFEE
SUBJECT: Agreement Amendment No. 2 with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Dokken Engineering increasing the compensation by $155,160 for a total agreement amount not-to-exceed $1,399,191.81 for the Valley Boulevard Widening and Missing Links, Capital Improvement Program (CIP) Project No. 22-02.

DISCUSSION
Valley Boulevard, between Chambers Avenue and Murrieta Road, is currently a two-lane rural corridor located in the northwestern part of the City. Due to increases in residential and commercial developments in the area, there is now a need for additional traffic lanes. Under the City of Menifee General Plan, this segment of Valley Boulevard is designated as an arterial highway that would ultimately provide for four lanes of traffic. The proposed Valley Boulevard Widening and Missing Links project (Project) would widen the existing two-lane road to a four- lane corridor and establish horizontal and vertical alignments to meet the requirements of the California Highway Design Manual and City standards. The Project is currently in the final phase of design.

On January 9, 2022, the City Council approved a Professional Services Agreement (PSA) with Dokken Engineering (Consultant) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project. Additional engineering support and design services beyond the initial scope of work included in the Consultant’s original proposal are required to bring the Project into final design for the PS&E phase. Amendment No. 2 to the PSA includes additional engineering support and design services as follows:

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March 5, 2025
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City of Menifee Staff Report
CIP 22-02 Dokken Amendment No. 2
January 17, 2024

Page 2 of 3 ends

1 9
7 2

1. Murrieta Road Improvements: The east side of Murrieta Road, from Valley Blvd to north of Eastern Municipal Water District’s driveway, would be improved to its ultimate condition.

Efforts for this additional segment include design, utility coordination, and right of way acquisition.

2. Engineering Studies: Signal warrant analysis to be performed at seven intersections within the Project area, development of intersection turning movement forecasts for future scenarios, preparation of technical memorandum summarizing findings.

3. Right-of-Way (ROW): Appraisal/inspection of five parcels, drafting and delivery of Notice of Intent to Appraise letters for impacted property owners, preparation of summary and complete analysis report.

Although staff makes every effort to carefully study and anticipate the extent of the scope of work needed to achieve project goals, unforeseen task needs, and unanticipated timeline delays, are often experienced as a Project of this magnitude progresses through the design phase. A summary of PSA activity for the Project to date is included in Table 1 below.

Table 1 - Contract Amendment History:

PSA Activity Approval Date Summary of Changes Value
Original Contract January 19, 2022 Civil engineering design services. $1,244,031.81 Amendment 1 June 21, 2023
Extending terms through June 30,
2024. N/A
Amendment 2 Pending
Design, utility coordination, and
ROW for added segment along east
side of Murrieta Road, traffic signal
warrant analysis, right-of-way
acquisition appraisals. $155,160.00
TOTAL $1,399,191.81
The fee for the additional scope of work outlined above would be $155,160. The proposed Amendment No. 2 includes additional details on the increased scope of work and fees associated with each task. Staff has determined the proposal to be reasonable to fully complete the PS&E phase for final design for the Project.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The total fiscal impact for proposed Amendment No. 2 would be $155,160. Funding is available for Amendment No. 2 in the Project’s Fiscal Year 2023/2024 budget, as summarized in Table 2 below.

Table 2 – Identified Project Funding
Fund Account Number Available Balance Amend No. 2 Cost
Menifee Valley - RBBD 415-4555-58118 $973,500 $155,160
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 62

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March 5, 2025
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City of Menifee Staff Report
CIP 22-02 Dokken Amendment No. 2
January 17, 2024

Page 3 of 3 ends

1 9
7 2

ATTACHMENTS

1. Project Location Map

2. Original Professional Services Agreement

3. Amendment No. 1

4. Amendment No. 2
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 63

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C h e r r y H i l l s B l v d
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Valley_Blvd_Widening\Valley_Blvd_Widening.aprx Date: 12/21/2021 Valley Blvd. Widening (CIP 22-02)
Project Location Map
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 64

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
12/11/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230
Lafayette CA 94549
Nancy Ferrick
510-272-1400
[email protected]
License#: 6003745
XL Specialty Insurance Company
37885

DOKKEENGI
Trumbull Insurance Company
27120
Dokken Engineering, Inc.
110 Blue Ravine Rd., Suite 200
Folsom CA 95630
Sentinel Insurance Company
11000
1870495771
C
X
1,000,000
X
1,000,000
10,000
1,000,000
2,000,000
X
Y
Y
84SBWBI4800
12/31/2023
12/31/2024
2,000,000
B
1,000,000
X
Y
Y
84UEGBD3407
12/31/2023
12/31/2024
C
X
X
5,000,000
Y
84SBWBI4800
12/31/2023
Y
12/31/2024
5,000,000
C
X
N
Y
84WEGAU5C27
12/31/2023
12/31/2024
1,000,000
1,000,000
1,000,000
A
Professional Liability
DPR5022007
12/31/2023
12/31/2024
$2,000,000
$2,000,000
per Claim
Annual Aggregate
Umbrella is follow-form to Underlying: General Liability/Auto Liability/Employer's Liability.

RE: All Operations of the Named Insured. City of Menifee, its officers, agents and employees are named as Additional Insured on General Liability and Auto Liability per policy forms, as required by written contract. Pollution Liability is included in the Professional Liability policy. 30 Day Notice of Cancellation
City of Menifee
29995 Evans Road
Menifee, CA 92586
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 65

Menifee Mayor and City Council
March 5, 2025
Page
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F-

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
3ROLF\
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DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 66

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BUSINESS LIABILITY COVERAGE FORM
(b) b.Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury"any partner or member (if you are arising out of an offense committeda partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization.liability company).

4. Operator Of Mobile Equipmentb. Real Estate Manager
With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationProperty responsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b. "Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance.

5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part. organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by,Any organization you newly acquire or form, rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
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DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 67

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March 5, 2025
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BUSINESS LIABILITY COVERAGE FORM
(e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional
(f) Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract, except such operations performedagreement or permit.
at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g) Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part, or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF. – Optional Additional Insured Coverages. (h) "Bodily injury" or "propertya. Vendors
damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i) The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1) The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:
course of business, inThis insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement;
(1) Any person or organization from(b) Any express warranty whom you lease equipment; but onlyunauthorized by you;
with respect to their liability for "bodily(c) Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor; caused, in whole or in part, by your (d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;

Page 12 of 24 ends

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DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
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BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or PoliticalWith respect to the insurance afforded Subdivisionsto these additional insureds, this
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1) Any person or organization from (2)whom you lease land or premises, but With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b)Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough . above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or(1) Any architect, engineer, or surveyor, but the acts or omissions of those actingonly with respect to liability for "bodily on your behalf:injury", "property damage" or "personal
(a)and advertising injury" caused, in whole In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and (ii)This insurance does not apply to This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24
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84SBWBI4800
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 69

Menifee Mayor and City Council
March 5, 2025
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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence LimitSupervisory, inspection,
architectural or engineering 2.a. 2.bSubject to or above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown inHow this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with

4. Personal And Advertising Injury Limitrespect to the conduct of any current or past partnership, joint venture or limited liability 2.b.Subject to above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by any one person or organization is the Personal
D. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in theLIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To YouDeclarations and the rules below fix the most Limit is the most we will pay under Businesswe will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, lightning or explosion, while rented to you orc. Persons or organizations making claims or temporarily occupied by you with permission ofbringing "suits". the owner.2. Aggregate Limits
In the case of damage by fire, lightning orThe most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.

Aggregate Limit shown in the 6. How Limits Apply To Additional InsuredsDeclarations.

The most we will pay on behalf of a person orb. Damages because of all other "bodily organization who is an additional insuredinjury", "property damage" or "personal under this Coverage Part is the lesser of:and advertising injury", including medical a. The limits of insurance specified in aexpenses, is the General Aggregate Limit written contract, written agreement orshown in the Declarations. permit issued by a state or politicalThis General Aggregate Limit applies subdivision; orseparately to each of your "locations" b. The Limits of Insurance shown in theowned by or rented to you.

Declarations."Location" means premises involving the
Such amount shall be a part of and not in same or connecting lots, or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street, roadway or right-of-way of a railroad.

Page 14 of 24 ends

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BUSINESS LIABILITY COVERAGE FORM
(1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, 3.limit set forth in Paragraph above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in theany remaining period of less than 12 months, starting enforcement of any right against anywith the beginning of the policy period shown in the person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injuryafter issuance for an additional period of less than 12 or damage to which this insurancemonths. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Costof determining the Limits of Insurance.

No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other than for first aid, without our consent.1. Bankruptcy
e. Additional Insured's Other InsuranceBankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered by other insurance available to an2. Duties In The Event Of Occurrence, additional insured, such additional insuredOffense, Claim Or Suit must submit such claim or "suit" to thea. Notice Of Occurrence Or Offense other insurer for defense and indemnity.

You or any additional insured must see to However, this provision does not apply toit that we are notified as soon as the extent that you have agreed in apracticable of an "occurrence" or an written contract, written agreement oroffense which may result in a claim. To permit that this insurance is primary andthe extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and a. b.Paragraphs and apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is an individual;If a claim is made or "suit" is brought
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
subdivision or public entity.You and any other involved insured must:

Form SS 00 08 04 05 Page 15 of 24
3ROLF\
84SBWBI4800
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 71

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March 5, 2025
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BUSINESS LIABILITY COVERAGE FORM
f. (3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazardsa. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance isb. With respect to "mobile equipment" to available for a loss we cover under thiswhich this insurance applies, we will Coverage Part, our obligations are limited asprovide any liability, uninsured motorists, follows:underinsured motorists, no-fault or other a. Primary Insurancecoverage required by any motor vehicle b.law. We will provide the required limits for This insurance is primary except when those coverages. below applies. If other insurance is also primary, we will share with all that other4. Legal Action Against Us c.insurance by the method described inNo person or organization has a right under below.this Coverage Form:
b. Excess Insurancea. To join us as a party or otherwise bring us This insurance is excess over any of theinto a "suit" asking for damages from an other insurance, whether primary, excess,insured; or
contingent or on any other basis:b. To sue us on this Coverage Form unless (1) Your Workall of its terms have been fully complied
with. That is Fire, Extended Coverage,
Builder's Risk, Installation Risk orA person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosionthis insurance or that are in excess of the insurance for premises rented to youapplicable limit of insurance. An agreed or temporarily occupied by you withsettlement means a settlement and release of permission of the owner;liability signed by us, the insured and the (3) Tenant Liabilityclaimant or the claimant's legal representative.

That is insurance purchased by you to5. Separation Of Insureds cover your liability as a tenant forExcept with respect to the Limits of Insurance, "property damage" to premises rentedand any rights or duties specifically assigned to you or temporarily occupied by youin this policy to the first Named Insured, this with permission of the owner;insurance applies:
(4) Aircraft, Auto Or Watercrafta. As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured; and or use of aircraft, "autos" or watercraft tob. Separately to each insured against whom g.the extent not subject to Exclusion ofa claim is made or "suit" is brought. A.Section – Coverages.

6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property damage" to borrowed equipment or(1) The statements in the Declarations the use of elevators to the extent notare accurate and complete; k. A.subject to Exclusion of Section –(2) Those statements are based upon Coverages.representations you made to us; and

Page 16 of 24 ends

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March 5, 2025
Page
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BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
Declarations of this Coverage Part.However, the following provisions c. Method Of Sharingapply to other insurance available to any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains,This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
(a) (b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24
3ROLF\
84SBWBI4800
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 73

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March 5, 2025
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COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

COMMERCIAL AUTOMOBILE
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the Declarations
is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an "insured"
under any other automobile policy or
would be an "insured" under such a policy
but for its termination or the exhaustion of
its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its acquisition
or formation by you, unless you have
given us notice of the acquisition or
formation.

Coverage does not apply to "bodily injury"
or "property damage" that results from an
"accident" that occurred before you
formed or acquired the organization.
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
g. Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for "bodily
injury" or "property damage" caused by
the conduct of an "insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21 Page 1 of 5
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 84UEGBD3407
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 74

Menifee Mayor and City Council
March 5, 2025
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(c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
(2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
(a) The limits of insurance specified in the
written contract or written agreement;
or
(b) The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non-contributory with the additional
insured's own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM , SUIT OR LOSS – OF SECTION
IV – BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.

2. Primary and Non-Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A.1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.

If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5.d.
(2) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.

Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.

When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to defend
the insured against that "suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, by
the method described in SECTION IV-
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.

3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee" on
your behalf and at your direction will be
considered an "auto" you hire.

The SECTION IV- Business Auto Conditions, B.

General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee’s" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the "employee’s"
personal insurance.

Page 2 of 5 ends

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March 5, 2025
Page
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4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.

No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.

We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
(3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C.2. is amended to
add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:

Form HA 99 16 12 21 Page 3 of 5
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 76

Menifee Mayor and City Council
March 5, 2025
Page
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(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
"accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

Page 4 of 5 ends

Menifee Mayor and City Council
March 5, 2025
Page
623 of 831

19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non-hybrid"
auto’sactual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21 Page 5 of 5
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 78

Menifee Mayor and City Council
March 5, 2025
Page
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
84WEGAU5C27
12/31/2023
Dokken Engineering, Inc.
110 Blue Ravine Rd., Suite 200
Folsom, CA 95630
12/31/2024
DocuSign Envelope ID: 00A20ABC-BFF0-45A3-89D7-F2F9C4E042E4 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 79

Menifee Mayor and City Council
March 5, 2025
Page
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AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

This is Amendment No. 3 (“Amendment No. 3”) to that certain Professional Services Agreement (“Agreement”) made on _ January 19, 2022 _ between the City of Menifee (“City”) and DOKKEN ENGINEERING (“Consultant”) for CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on Ju ne 21, 2023 (“Amendment No. 1”), to the Agreement entered into on January 22, 2024 (“Amendment No. 2”) which this Amendment No. 3 is made and entered into on ______________, 2024 to increase the compensation and augment the scope of services, as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.

2. SECTION 2, “Compensation” is amended to increase the maximum compensation by Twenty Two Thousand Seven Hundred Eighty Three Dollars and Zero Cents ($22,783.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Million Four Hundred Twenty One Thousand Nine Hundred Seventy Four Dollars and Eighty One Cents ($1,421,974.81) 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 subm it all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The DocuSign Envelope ID: 8F7823EB-382E-47F5-B254-DC14AD26933E DocuSign Envelope ID: 492BBDF6-C50E-444D-B1C9-D16F3A8295D5 May 1
Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 80

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March 5, 2025
Page
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AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) 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 Professional Enviornmental and Civil Engineering Design services for CIP 22-02 Valley Blvd. Widening Project , services in the amount not to exceed One Million Four Hundred Twenty One Thousand Nine Hundred Seventy Four Dollars and Eighty One Cents ($1,421,974.81) 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. 3 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)
DocuSign Envelope ID: 8F7823EB-382E-47F5-B254-DC14AD26933E DocuSign Envelope ID: 492BBDF6-C50E-444D-B1C9-D16F3A8295D5 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 81

Menifee Mayor and City Council
March 5, 2025
Page
627 of 831

AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

CITY OF MENIFEE DOKKEN ENGINEERING

_______________________________ _______________________________ Armando G. Villa, City Manager John A. Klemunes, Jr, President

Attest: ________________________________
Cathy Chan, Secretary

_______________________________
Sarah Manwaring, City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

DocuSign Envelope ID: 8F7823EB-382E-47F5-B254-DC14AD26933E Stephanie Roseen, Acting City Clerk
__________________________
DocuSign Envelope ID: 492BBDF6-C50E-444D-B1C9-D16F3A8295D5 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 82

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March 5, 2025
Page
628 of 831

AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

EXHIBIT “A”
Supplement to Scope of Services

DocuSign Envelope ID: 8F7823EB-382E-47F5-B254-DC14AD26933E DocuSign Envelope ID: 492BBDF6-C50E-444D-B1C9-D16F3A8295D5 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 83

Menifee Mayor and City Council
March 5, 2025
Page
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AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) DocuSign Envelope ID: 8F7823EB-382E-47F5-B254-DC14AD26933E DocuSign Envelope ID: 492BBDF6-C50E-444D-B1C9-D16F3A8295D5 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 84

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March 5, 2025
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AMENDMENT NO. 3 TO

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March 5, 2025
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AMENDMENT NO. 3 TO

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March 5, 2025
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AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) [Attached]

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March 5, 2025
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AMENDMENT NO. 3 TO

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March 5, 2025
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Menifee Mayor and City Council
March 5, 2025
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AMENDMENT NO. 4 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

AMENDMENT NO. 4 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

This is Amendment No. 4 (“Amendment No. 4”) to that certain Professional Services Agreement (“Agreement”) made on _ January 19, 2022 _ between the City of Menifee (“City”) and DOKKEN ENGINEERING (“Consultant”) for CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on June 21, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on J anuary 22, 2024 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on May 1, 2024 (“Amendment No. 3”), which this Amendment No. 4 is made and entered into on ______________, 2024 to extend the term of the agreement , as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.

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

1.1 Term of Services. The term of this Agreement shall begin on January 19, 2022 and shall end on December 31, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

4. This Amendment No. 4 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)
DocuSign Envelope ID: 062820D3-D1FA-4D09-950C-5D98D0F94C33 June 19
Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 90

Menifee Mayor and City Council
March 5, 2025
Page
636 of 831

AMENDMENT NO. 4 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)

CITY OF MENIFEE DOKKEN ENGINEERING

_______________________________ _______________________________ Armando G. Villa, City Manager John A. Klemunes, Jr, President

Attest: ________________________________
Cathy Chan, Secretary

_______________________________
Stephanie Roseen, Acting City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 062820D3-D1FA-4D09-950C-5D98D0F94C33 Item Title: 10.16
Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project Item Page Number: 91

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March 5, 2025
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CITY OF MENIFEE
SUBJECT: Improvement Agreements, Bonds, and License Agreement for Tract Map 37671, Banner Park South, by Pulte Homes
Company, LLC
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, 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 subdivision improvement agreements to guarantee the completion of required park landscape and streetscape improvements associated with Tract Map 37671, Banner Park South, located south of Domenigoni Parkway and west of Briggs Road; and

2. Approve and authorize the Mayor to execute a license agreement authorizing the Banner Park Community Association to perform maintenance on designated irrigation facilities within public right-of-way and public properties.

DISCUSSION
Tract Map (TM) 37671 is a three-phased map comprising the development known as Banner Park South (“Project”) by Pulte Homes Company, LLC (“Developer”). The Project is located south of Domenigoni Parkway and west of Briggs Road. TM 37671-1, the first phase, is a proposed subdivision of 12.10 gross acres of land into 51 total lots for residential use, along with five lots for park and open space purposes. TM 37671-2, the second phase, is a proposed subdivision of

24.62 gross acres of land into 78 total lots for residential use, along with four lots for open space purposes. TM 37671-F (also known as TM 37671), the third and final phase, is a proposed subdivision of 12.64 gross acres of land into 53 total lots for residential use, along with two lots for open space purposes.

The Developer is now requesting approval of two associated subdivison improvement agreements (SIAs) for landscaping at the public parks and along the proposed streets, as required by the Project’s conditions of approval. The SIAs require that securities are posted to guarantee Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 1

Menifee Mayor and City Council
March 5, 2025
Page
638 of 831

City of Menifee Staff Report
SIAs, Bonds, and License Agreement for TM 37671
March 5, 2025

Page 2 of 3 ends

2 5
6 8
the completion of the required improvements within 24 months from the date of City Council approval.

Staff have reviewed the Developer’s request and determined that the SIAs meet the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in Tables 1 and 2 below.

TABLE 1 – PARK LANDSCAPE IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Landscape, IP24-039L SU1208452 $ 2,253,500 $ 1,126,750 TOTAL $ 2,253,500 $ 1,126,750
TABLE 2 – STREET LANDSCAPE IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Landscape, IP23-022L SBP150699_094 $ 1,039,500 $ 519,750 Landscape, IP23-023L SBP150699_097 $ 1,540,500 $ 770,250 Landscape, IP23-024L SBP150699_095 $ 734,500 $ 367,250 Landscape, IP23-025L SBP150699_096 $ 379,000 $ 189,500 TOTAL $ 3,693,500 $ 1,846,750
The Project’s conditions of approval also require that the Developer annex certain public facilities and open spaces into the City’s community facilities district (CFD) for maintenance purposes. The Project was previously annexed into CFD 2017-1 as Annexation No. 23 with specific areas of maintenance responsibility designated for the City and other areas designated to be maintained by the Banner Park Community Association, the development’s homeowner association (“HOA”).

Due to the location of some of the HOA-maintained landscape, irrigation facilities must be located within public right-of-way and public properties within TM 37671. The attached license agreement (“License Agreement”) is proposed to permit the HOA to install and maintain irrigation facilities, including water lines and meters, at specific locations in the public right-of-way and public properties to serve the HOA green space. Per the License Agreement, the HOA would be responsible for the full costs of installation, maintenance, and repair of any HOA-maintained irrigation facilities located within the public right-of way or public property. The HOA would also be responsible to restore any City-maintained landscape impacted by HOA maintenance activities.

If approved, the proposed License Agreement would take effect immediately and the Developer would amend the Covenants, Conditions and Restrictions (CC&Rs) for TM 37671. An amendment to reflect the License Agreement would be recorded with the Riverside County Clerk Recorder’s Office.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 2

Menifee Mayor and City Council
March 5, 2025
Page
639 of 831

City of Menifee Staff Report
SIAs, Bonds, and License Agreement for TM 37671
March 5, 2025

Page 3 of 3 ends

2 5
6 8

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of the agreements and bonds. 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 CFD 2017-1 Annexation 23, Zone 23.

ATTACHMENTS

1. Project Map

2. Agreement – Park Landscape

3. Bond - Park Landscape

4. Agreement – Street Landscape

5. Bonds – Street Landscape

6. License Agreement
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 3

Menifee Mayor and City Council
March 5, 2025
Page
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LINDENBERGER
RD

DOMENIGONI PKWY

MENIFEE
RD

BRIGGS RD

VIAAMANTE
CALLE

POMPEII

NEWPORT RD

OISE DR

WINDINGBROOKDR

LA VENTANA RD

VIA MARSALA
^ _

MENIFEE
RD

NEWPORT RD

ETHANAC RD

NORMANDY RD

SHERMAN RD

MURRIETA RD

MCLAUGHLIN RD

JUNO ST

LAZY CREEK RD

ENCANTO
DR

CHAMPIONS DR

SUNCITYBLVDEVANS RD

GROSSEPOINTDR

CANNONDR
VALLEY
BLVD

GOLDENROD AVE

GEARY ST

ALD ERGATE DR

JUNIPERO RDASPEL RD

BARNETT RD
§¨¦215

PROJECT MAP
Banner Park South
Item Title: 10.17
Improvement Agreements, Bonds, and License Agreement for Tract Map 37671, Banner Park South, by Pulte Homes Company, LLC Item Page Number: 4

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March 5, 2025
Page
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1 of 9

CITY OF MENIFEE

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 37671

FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ______ day of _____________________, 20 ______, by and between PULTE HOME COMPANY, LLC, hereinafter referred to as "Subdivider," and the City of Menifee, a municipal corporation of the State of California, hereinafter referred to as "City." City and Subdivider may sometimes herein be referred to individually as a "party and collectively as the parties. RECITALS:

A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of Menifee, County of Riverside, which unit of land is known as Tract No. 37671 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the Subdivision Laws. B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. 23-580 (the Resolution of Approval). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements").

D. The Improvements have not been installed and accepted at this time.

E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdividers own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer.

2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Agreement and Securities for subdivision improvements are provided as follows:

Agreement for Tract Map 37671-1 For the Construction of Landscape Improvements for IP24-039L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $2,253,500.

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 5

Menifee Mayor and City Council
March 5, 2025
Page
642 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 6

Menifee Mayor and City Council
March 5, 2025
Page
643 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 7

Menifee Mayor and City Council
March 5, 2025
Page
644 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 8

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March 5, 2025
Page
645 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 9

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March 5, 2025
Page
646 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 10

Menifee Mayor and City Council
March 5, 2025
Page
647 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 11

Menifee Mayor and City Council
March 5, 2025
Page
648 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 12

Menifee Mayor and City Council
March 5, 2025
Page
649 of 831

9 of 9
Exhibit A
SECURITY TRACT MAP NO. 37671-1

PARK LANDSCAPE IMPROVEMENTS
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 13

Menifee Mayor and City Council
March 5, 2025
Page
650 of 831

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 2,253,434.40 $ $
Total 2,253,434.40 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

Signature Date
Name Typed or printed RLA# Exp. Date
Landscape Architect's Stamp

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Landscape Architect is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the Landscape Architect, the higher costs as provided by the Landscape Architect should be used.
225,350.00

LANDSCAPE ACHITECT'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
2,253,500.00 1,126,750.00
2,253,500.00 1,126,750.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated
IP23-039L

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-1 11/14/2024
11/18/24
5062
12/31/26
Steve Shirrel
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 14

Menifee Mayor and City Council
March 5, 2025
Page
651 of 831

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
CFD PARK LANDSCAPE PLANS (POC 3)
Date: 11/14/2024 BANNER PARK II CFD
UNIT
EA $ 1,400.00 $ 8,400.00
EA $ 1,750.00 $ 1,750.00
EA $ 2,000.00 $ 4,000.00
EA $ 950.00 $ 4,750.00
EA $ 750.00 $ 4,500.00
EA $ 1,000.00 $ 1,000.00
EA $ 65,000.00 $ 65,000.00
EA $ 62,000.00 $ 62,000.00
EA $ 2,500.00 $ 2,500.00
EA $ 1,500.00 $ 3,000.00
EA $ 2,500.00 $ 2,500.00
EA $ 15,000.00 $ 15,000.00
LF $ 40.00 $ 15,000.00
LF $ 25.00 $ 18,125.00
LS $ 75,000.00 $ 75,000.00
EA $ 18,000.00 $ 18,000.00
LS $ 5,000.00 $ 5,000.00
SF $ 6.50 $ 5,453.50
SF $ 15.00 $ 28,605.00
SF $ 20.00 $ 20,660.00
LF $ 9.00 $ 6,300.00
EA $ 200.00 $ 600.00
LF $ 10.00 $ 1,010.00
EA $ 300.00 $ 9,900.00
EA $ 650.00 $ 31,850.00
EA $ 6.50 $ 21,177.00
EA $ 18.00 $ 23,760.00
SF $ 4.50 $ 445,365.00
SF $ 0.75 $ 20,016.00
SF $ 0.75 $ 18,230.25
SF $ 1.25 $ 205.00
SF $ 1.00 $ 25,198.00
SF $ 1.00 22,401.00
SF $ 1.75 $ 44,499.00
SF $ 2.00 $ 6,092.00
SF $ 7.50 $ 383,557.50
EA $ 20,000.00 $ 20,000.00
EA $ 12,500.00 $ 25,000.00
SF $ 0.20 $ 29,993.00
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 52,487.75
A. $ 1,564,885.00
B. Administrative Contingency (20% x A) $ 312,977.00
C. CM - Inspection - LC (8%) $ 125,190.80
D Park Total (A + B) $ 1,877,862.00
E $ 375,572.40
F Grand Total $ 2,253,434.40
3 Rail PVC Fencing 725
Regulatory Signage 1
Monument Sign 1
Park Lighting 1
Grill 2
Hot Ash Receptacle 1
Drinking Fountain 1
51,141
Irrigation - Shrub Rotors 22,401
Rubberized Surfacing 1,033
Kurapia Sod 24,307
Trees ( 24 Gallon )
25,198
700
839
Playground Curb 101
Boulders 3
4" Thick Concrete w/ 12" Band 1,907
Concrete Mow Curb
4" Natural Color Grey Concrete @ Park and Trail
Trash Receptacle 5
Pet Waste Station 6
Bike Rack 1
Locking Potable Hose Bibb 1
Hardscape
Shade Canopy Over Play Structure 1
Play Equipment Install, tax & freight 1
3 Rail PVC Fencing With Concrete Mowcurb 375
Subtotal
Trees ( 36 Gallon )
Shrubs (5 Gallon)
98,970
Fine grading 149,965
Irrigation booster pump
49 149,965
Irrigation - Point Source Irrigation
One Year Landscape Maintenance
Electric Meter (Duel meter pedestal) 1
Water Meter 1
IP24-039L

ITEM QUANTITY UNIT AMOUNT

LANDSCAPE
3-6" Rock mulch
COST
Amenitites
6' Bench 6
1,320
164
Irrigation - Shrub Rotary Spray Heads 25,428
8' Picnic Table 1
8' ADA Picnic Table 2
Marathon Turf 26,688
3,258
1 Irrigation - Turf Rotors
p g g p
(or. 460, SEC. 10.3E) (20%x D)
33 Shrubs (1 Gallon)
Irrigation - Dripline 3,046
Irrigation Calsense Controller Assembly 2
Irrigation - Tree Bubblers
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 15

Menifee Mayor and City Council
March 5, 2025
Page
652 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 16

Menifee Mayor and City Council
March 5, 2025
Page
653 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 17

Menifee Mayor and City Council
March 5, 2025
Page
654 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 18

Menifee Mayor and City Council
March 5, 2025
Page
655 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 19

Menifee Mayor and City Council
March 5, 2025
Page
656 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 20

Menifee Mayor and City Council
March 5, 2025
Page
657 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 21

Menifee Mayor and City Council
March 5, 2025
Page
658 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 22

Menifee Mayor and City Council
March 5, 2025
Page
659 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 23

Menifee Mayor and City Council
March 5, 2025
Page
660 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 24

Menifee Mayor and City Council
March 5, 2025
Page
661 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 25

Menifee Mayor and City Council
March 5, 2025
Page
662 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 26

Menifee Mayor and City Council
March 5, 2025
Page
663 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 27

Menifee Mayor and City Council
March 5, 2025
Page
664 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 28

Menifee Mayor and City Council
March 5, 2025
Page
665 of 831

1 of 9

CITY OF MENIFEE

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 37671

C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements").

D. The Improvements have not been installed and accepted at this time.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

Agreement for Tract Map 37671-1 For the Construction of Landscape Improvements for IP23-022L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $1,039,500.

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 29

Menifee Mayor and City Council
March 5, 2025
Page
666 of 831

2 of 9
Agreement for Tract Map 37671-2 For the Construction of Landscape Improvements for IP23-023L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $1,540,500.

Agreement for Tract Map 37671-2 For the Construction of Landscape Improvements for IP23-024L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $734,500.

Agreement for Tract Map 37671-1 For the Construction of Landscape Improvements for IP23-025L, executed ___________________, 20______. Bond No. _______________________ by ________________________________________________________________________. Faithful Performance Bond $379,000.

3. Improvement Security. Subdivider shall at all times guarantee Subdividers performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:

A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (Monumentation Security). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map.

Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act.

As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured.

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 30

Menifee Mayor and City Council
March 5, 2025
Page
667 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 31

Menifee Mayor and City Council
March 5, 2025
Page
668 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 32

Menifee Mayor and City Council
March 5, 2025
Page
669 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 33

Menifee Mayor and City Council
March 5, 2025
Page
670 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 34

Menifee Mayor and City Council
March 5, 2025
Page
671 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 35

Menifee Mayor and City Council
March 5, 2025
Page
672 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 36

Menifee Mayor and City Council
March 5, 2025
Page
673 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 37

Menifee Mayor and City Council
March 5, 2025
Page
674 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 38

Menifee Mayor and City Council
March 5, 2025
Page
675 of 831

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 1,039,488.52 $ $
Total 1,039,488.52 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

Signature Date
Name Typed or printed RLA# Exp. Date
Landscape Architect's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
103,950.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
1,039,500.00 519,750.00
1,039,500.00 519,750.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-1 10/14/2024
IP23-022L
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 39

Menifee Mayor and City Council
March 5, 2025
Page
676 of 831

10/10/2024
UNIT
LF $ 9.00 $ 4,842.00
SF $ 4.00 $ 2,720.00
SF $ 9.00 $ 18,468.00
SF $ 9.00 $ 34,066.08
EA $ 200.00 $ 800.00
Aluminum Edging LF $ 8.75 $ 4,952.50
SF $ 9.00 $ 18,414.00
EA $ 300.00 $ 23,100.00
EA $ 650.00 $ 16,900.00
EA $ 6.50 $ 19,194.50
EA $ 16.00 $ 10,304.00
SF $ 4.50 $ 185,422.50
SF $ 1.25 $ 1,030.00
SF $ 7.50 $ 309,037.50
EA $ 20,000.00 $ 20,000.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 8,405.80
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 14,710.15
A. $ 721,867.03
B. Administrative Contingency (20% x A) $ 144,373.41
C. CM - Inspection - LC (8%) $ 57,749.36
D Park Total (A + B) $ 866,240.44
E $ 173,248.09
F Grand Total $ 1,039,488.52
IP23-022L
Irrigation - Point to Point Irrigation System 41,205
AMOUNT
42,029

CITY OF MENIFEE ENGINEERING DEPARTMENT
Cobble non-grouted 2,046
COST
Electric Meter (Duel meter pedestal) 1
Water Meter 1
Irrigation Calsense Controller 1
42,029
824
POC 1 STREETSCAPE & MEDIAN LANDSCAPE PLANS
Decomposed Granite

ITEM QUANTITY UNIT
644
680

BANNER PARK II CFD DOMENIGONI PARKWAY

LANDSCAPE
4" thick x 18" Wide Concrete Band 3,785
Boulders 4
566

IMPROVEMENT REQUIREMENT WORKSHEET
Shrubs (5 Gallon)
41,205
Fine grading
One Year Landscape Maintenance
3"-6" Rock mulch
Shrubs (1 Gallon)
Irrigation booster pump
2,953
1 Irrigation - Tree Bubblers
Bond Amount prior to having signed plans
(OR. 460, SEC. 10.3E) (20%x D)
Stamped Concrete 2,052
6" x 8" Concrete Mow Curb 538
26 Trees ( 24 Gallon ) 77
Subtotal
Trees ( 36 Gallon )
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 40

Menifee Mayor and City Council
March 5, 2025
Page
677 of 831

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 1,540,637.64 $ $
Total 1,540,637.64 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
1,540,500.00 770,250.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated
IP23-023L

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-2 10/14/2024
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 41

Menifee Mayor and City Council
March 5, 2025
Page
678 of 831

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
POC 5 - STREETSCAPE, SLOPE, & DRAINAGE AREA LANDSCAPE PLANS 10/11/2024 BANNER PARK II CFD BRIGGS SLOPES
UNIT
LF $ 9.00 $ 4,401.00
LF $ 30.00 $ 13,277.10
EA $ 750.00 $ 2,250.00
EA $ 125.00 $ 13,500.00
46 EA $ 300.00 $ 13,800.00
EA $ 6.50 $ 28,723.50
EA $ 16.00 $ 1,776.00
SF $ 0.55 $ 74,710.35
SF $ 4.50 $ 213,021.00
SF $ 1.25 $ 460.00
SF $ 7.50 $ 355,035.00
SF $ 1.25 $ 189,718.75
EA $ 20,000.00 $ 20,000.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 39,896.20
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 69,818.35
A. $ 1,069,887.25
B. Administrative Contingency (20% x A) $ 213,977.45
C. CM - Inspection - LC (8%) $ 85,590.98
D Park Total (A + B) $ 1,283,864.70
E $ 256,772.94
F Grand Total $ 1,540,637.64
Irrigation - Bubbler 368
Bond Amount prior to having signed plans
(or. 460, SEC. 10.3E) (20%x D)
One Year Landscape Maintenance
Electric Meter (Duel meter pedestal) 1
Water Meter 1
199,481
IP23-023L

ITEM QUANTITY UNIT AMOUNT
HDPE Three Rail Fence w/ Concrete Mow Curb 443
Concrete Mow Curb 489
3 COST

LANDSCAPE
Bollard
Subtotal
Shrubs (5 Gallon)
47,338
Fine grading 199,481
47,338
Trees (24" box)
Irrigation Calsense Controller 1
Irrigation booster pump 1
Mulch - 3"-6" Rock Mulch
Irrigation - Rotors 151,775
Irrigation - Point to Point Irrigation System
Trees (15 Gallon) 108
Shrubs (1 Gallon)
111
Hydroseed Mix 135,837
4,419
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 42

Menifee Mayor and City Council
March 5, 2025
Page
679 of 831

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 734,583.82 $ $
Total 734,583.82 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
734,500.00 367,250.00
734,500.00 367,250.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-2 10/14/2024
IP23-024L
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 43

Menifee Mayor and City Council
March 5, 2025
Page
680 of 831

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREETSCAPE LANDSCAPE PLANS
10/10/2024 BANNER PARK II_TR 37671-2_POC 6_ CFD STREETSCAPE DOMENIGONI PKWY UNIT
LF $ 9.00 $ 342.00
EA $ 300.00 $ 27,000.00
EA $ 650.00 $ 5,850.00
EA $ 6.50 $ 14,839.50
EA $ 16.00 $ 11,984.00
SF $ 4.50 $ 143,725.50
SF $ 7.50 $ 239,542.50
SF $ 1.25 $ 980.00
EA $ 20,000.00 $ 20,000.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 5,950.60
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 10,413.55
A. $ 510,127.65
B. Administrative Contingency (20% x A) $ 102,025.53
C. CM - Inspection - LC (8%) $ 40,810.21
D Park Total (A + B) $ 612,153.18
E $ 122,430.64
F Grand Total $ 734,583.82
Irrigation - Point to Point Irrigation System 31,939
Bond Amount prior to having signed plans
(OR. 460, SEC. 10.3E) (20%x D)
Electric Meter (Duel meter pedestal) 1
Water Meter 1
Irrigation - Tree Bubblers 784
COST
749
Concrete Mow Curb 38
Irrigation Calsense Controller 1
Irrigation booster pump 1
Mulch - 3"-6" Rock mulch
Subtotal
Trees ( 36 Gallon )
Shrubs (5 Gallon)
31,939
Fine grading
LP23-024L

ITEM QUANTITY UNIT AMOUNT
29,753
29,753

LANDSCAPE
2,283
90 Shrubs (1 Gallon)
9 Trees ( 24 Gallon )
One Year Landscape Maintenance
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 44

Menifee Mayor and City Council
March 5, 2025
Page
681 of 831

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 378,861.12 $ $
Total 378,861.12 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
379,000.00 189,500.00
379,000.00 189,500.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (50% of Estimated

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR37671-1 10/14/2024
IP23-025L
10/16/24
Steve Shirrel
5062
12/31/24

LICENSED LANDSCAPE ARCHITECT
STATE OF CALIFORNIA SIGNATURE12/31/26EXP. DATERLA# 5062 STEVEN L. SHIRREL
DATE9/26/24
10/16/24
12/31/24
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 45

Menifee Mayor and City Council
March 5, 2025
Page
682 of 831

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREETSCAPE LANDSCAPE PLANS
10/10/2024 BANNER PARK II_TR 37671-1_POC-7_ CFD STREETSCAPE - BRIGGS ROAD UNIT
LF $ 9.00 $ 477.00
EA $ 300.00 $ 14,700.00
EA $ 650.00 $ 1,950.00
EA $ 6.50 $ 6,253.00
EA $ 16.00 $ 6,496.00
SF $ 4.50 $ 73,980.00
SF $ 7.50 $ 120,180.00
SF $ 1.25 $ 520.00
EA $ 12,500.00 $ 12,500.00
SF $ 0.20 $ 3,288.00
EA $ 7,000.00 $ 7,000.00
EA $ 10,000.00 $ 10,000.00
SF $ 0.35 $ 5,754.00
A. $ 263,098.00
B. Administrative Contingency (20% x A) $ 52,619.60
C. CM - Inspection - LC (8%) $ 21,047.84
D Park Total (A + B) $ 315,717.60
E $ 63,143.52
F Grand Total $ 378,861.12
Bond Amount prior to having signed plans
(OR. 460, SEC. 10.3E) (20%x D)

LANDSCAPE
Irrigation Calsense Controller 1
Mulch - 3"-6" rock mulch
Irrigation - Point to Point Irrigation System 16,024
Irrigation - Tree Bubbler 416
IP23-025L

ITEM QUANTITY UNIT AMOUNT
COST
Subtotal
Trees ( 36 Gallon )
Shrubs (5 Gallon)
16,440
Fine grading 16,440
16,440 One Year Landscape Maintenance Electric Meter (Duel meter pedestal)
Water Meter
1 53
3 Trees ( 24 Gallon ) 49
Shrubs (1 Gallon)
406
962
Concrete Mow Curb
1 Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 46

Menifee Mayor and City Council
March 5, 2025
Page
683 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 47

Menifee Mayor and City Council
March 5, 2025
Page
684 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 48

Menifee Mayor and City Council
March 5, 2025
Page
685 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 49

Menifee Mayor and City Council
March 5, 2025
Page
686 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 50

Menifee Mayor and City Council
March 5, 2025
Page
687 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 51

Menifee Mayor and City Council
March 5, 2025
Page
688 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 52

Menifee Mayor and City Council
March 5, 2025
Page
689 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 53

Menifee Mayor and City Council
March 5, 2025
Page
690 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 54

Menifee Mayor and City Council
March 5, 2025
Page
691 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 55

Menifee Mayor and City Council
March 5, 2025
Page
692 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 56

Menifee Mayor and City Council
March 5, 2025
Page
693 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 57

Menifee Mayor and City Council
March 5, 2025
Page
694 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 58

Menifee Mayor and City Council
March 5, 2025
Page
695 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 59

Menifee Mayor and City Council
March 5, 2025
Page
696 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 60

Menifee Mayor and City Council
March 5, 2025
Page
697 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 61

Menifee Mayor and City Council
March 5, 2025
Page
698 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 62

Menifee Mayor and City Council
March 5, 2025
Page
699 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 63

Menifee Mayor and City Council
March 5, 2025
Page
700 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 64

Menifee Mayor and City Council
March 5, 2025
Page
701 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 65

Menifee Mayor and City Council
March 5, 2025
Page
702 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 66

Menifee Mayor and City Council
March 5, 2025
Page
703 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 67

Menifee Mayor and City Council
March 5, 2025
Page
704 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 68

Menifee Mayor and City Council
March 5, 2025
Page
705 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 69

Menifee Mayor and City Council
March 5, 2025
Page
706 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 70

Menifee Mayor and City Council
March 5, 2025
Page
707 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 71

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March 5, 2025
Page
708 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 72

Menifee Mayor and City Council
March 5, 2025
Page
709 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 73

Menifee Mayor and City Council
March 5, 2025
Page
710 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 74

Menifee Mayor and City Council
March 5, 2025
Page
711 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 75

Menifee Mayor and City Council
March 5, 2025
Page
712 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 76

Menifee Mayor and City Council
March 5, 2025
Page
713 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 77

Menifee Mayor and City Council
March 5, 2025
Page
714 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 78

Menifee Mayor and City Council
March 5, 2025
Page
715 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 79

Menifee Mayor and City Council
March 5, 2025
Page
716 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 80

Menifee Mayor and City Council
March 5, 2025
Page
717 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 81

Menifee Mayor and City Council
March 5, 2025
Page
718 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 82

Menifee Mayor and City Council
March 5, 2025
Page
719 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 83

Menifee Mayor and City Council
March 5, 2025
Page
720 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 84

Menifee Mayor and City Council
March 5, 2025
Page
721 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 85

Menifee Mayor and City Council
March 5, 2025
Page
722 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 86

Menifee Mayor and City Council
March 5, 2025
Page
723 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 87

Menifee Mayor and City Council
March 5, 2025
Page
724 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 88

Menifee Mayor and City Council
March 5, 2025
Page
725 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 89

Menifee Mayor and City Council
March 5, 2025
Page
726 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 90

Menifee Mayor and City Council
March 5, 2025
Page
727 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 91

Menifee Mayor and City Council
March 5, 2025
Page
728 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 92

Menifee Mayor and City Council
March 5, 2025
Page
729 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 93

Menifee Mayor and City Council
March 5, 2025
Page
730 of 831

Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 94

Menifee Mayor and City Council
March 5, 2025
Page
731 of 831

LICENSE AGREEMENT TO MAINTAIN FACILITIES

IN PUBLIC RIGHT OF WAY
This License Agreement ("Agreement"), dated as of
_________________, 2025 ("Effective Date") is issued by the CITY OF MENIFEE, a California municipal corporation ("City") to Banner Park Community Association, a California nonprofit mutual benefit corporation ("Licensee"). City and Licensee are sometimes individually referred to herein as a "Party" and collectively referred to herein as the "Parties."

RECITALS
A. On February 22, 2023, Planning Commission approved the Conditions of Approval (“COA”) for the development of residential Tract 37671 (the “Project”), also known as “Banner Park South,” and located at the southwest corner of Domenigoni Parkway and Briggs Road in Menifee, CA.

B. Licensee is a property owner’s association which has been established pursuant to the City’s conditions of approval issued in connection with Tract 32102 Banner Park and Tract 37671 Banner Park South was annexed into in order to, among other purposes, maintain common areas within the Project.

C. The City currently maintains, as public right-of-way, the existing roadways or publicly owned lots within and fronting the Project (the “ROW”).

D. The developer of the Project proposed to construct and Licensee proposes to maintain irrigation facilities within the ROW, along certain portions of Airborne Drive, Parcel "B" per L.L.A. No. LLA24-001, Instrument No. 2024-0221443, and Parcel "CC" per L.L.A. No. LLA24-002, Instrument No. 2024-0229618, (the “Association ROW Irrigation Facilities Maintenance Areas”), as depicted in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

E. Licensee has requested a license from the City to permit Licensee to access the Association ROW Irrigation Facilities Maintenance Areas and maintain the Licensee Improvements located within the Association ROW Irrigation Facilities Maintenance Areas, including bearing the cost to install, maintain, and repair Association irrigation facilities within polyvinyl chloride pipe sleeves and to restore any City maintained landscaping as a result of the Association’s maintenance activities.

F. Subject to the terms and conditions set forth below in this Agreement, City has agreed to grant to Licensee the requested license.
-1-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 95

Menifee Mayor and City Council
March 5, 2025
Page
732 of 831

NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is acknowledged, and the mutual promises, covenants, and conditions herein contained, the Parties agree as follows:

1. DEFINITIONS.

1.1. "Agency" means any governmental agency or quasi-governmental agency other than the City.

1.2. “Association ROW Irrigation Facilities Maintenance Areas” shall have the meaning set forth in Recital D.

1.3. "City" means the City of Menifee, a California municipal corporation.

1.4. “COA” shall have the meaning set forth in Recital A. 1.5. "Commencement Date" means the first day of the month following the month in which City approves this Agreement.

1.6. "Laws" means any applicable judicial decisions, statutes, laws, ordinances, resolutions, regulations, rules, administrative orders, certificates, orders, or other requirements of the City or other Agency having joint or several jurisdiction over the parties to this Agreement, the subject matter of this Agreement, or the ROW, which are in effect either at the time of execution of this Agreement or during the Term of this Agreement.

1.7. "Licensee" means the Licensee as defined above and its lawful successors, assigns, and transferees.

1.8. “Licensee Improvements” means the irrigation facilities and any other improvements permitted to be constructed and/or installed within the Association ROW Irrigation Facilities Maintenance Areas pursuant to this Agreement.

1.9. "Person" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, and any other form of business association, other than Licensee.

1.10. Project shall have the meaning set forth in Recital A.

1.11. "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation in this Agreement that defines or otherwise controls, establishes, or limits the performance required or permitted by any Party. All Provisions, whether covenants or conditions, shall be deemed both covenants and conditions.

1.12. “ROW” shall have the meaning set forth in Recital C. -2-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 96

Menifee Mayor and City Council
March 5, 2025
Page
733 of 831

2. TERM.

The initial term of this Agreement shall be one (1) year commencing upon the Effective Date of this Agreement, unless otherwise terminated pursuant to the terms of this Agreement ("Initial Term"). Following the Initial Term, if not terminated, this Agreement shall automatically be renewed for one (1) year (each such renewal term, as “Extension Term”) on the same terms as set forth in this Agreement unless either Licensor or Licensee terminates this Agreement by written notice to the other Party at least ninety (90) days prior to the expiration of the Initial Term or any Extension Term. The “Term” shall refer to the Initial Term and each Extension Term (if applicable), unless stated elsewhere within this Agreement. All of the terms and conditions in this Agreement shall be applicable during any Extension Term, and any references in this Agreement to the “Term” shall include any Extension Term. Licensee shall reimburse City for any reasonable costs incurred by City to evaluate Licensee’s request to terminate this Agreement, including any reasonable legal costs. Upon the expiration or earlier termination of this Agreement, Licensee shall have no further obligations under this Agreement, including without limitation, Licensee shall have no further obligation to maintain the Association ROW Irrigation Facilities Maintenance Areas or to incur costs, including but not limited cost to maintain Association irrigation facilities within polyvinyl chloride (PVC) pipe sleeves and to restore any City maintained landscaping as a result of the Association’s maintenance activities associated with the Association ROW Irrigation Facilities Maintenance Areas.

3. SCOPE OF LICENSE.

3.1. General. City hereby grants to Licensee a non-exclusive license (“License”) in, on, across, and over the Association ROW Irrigation Facilities Maintenance Areas in accordance with the terms, restrictions, and conditions of this Agreement. Any rights granted to Licensee under this Agreement, which shall be exercised at Licensee's sole cost and expense, shall be subject to the prior and continuing right of City under the Laws for any and all parts of the ROW, exclusively or concurrently, with any other Person or Persons, and further shall be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title as of the installation of any Licensee Improvements, which may affect the Association ROW Irrigation Facilities Maintenance Areas or any adjacent ROW.

Licensee shall not infringe on the foregoing without the written approval of the City and any affected Person. If such infringement occurs, City may terminate this Agreement with ten (10) days written notice if such infringement is not cured within thirty (30) days of written notice from City of such infringement. Nothing in this Agreement shall be deemed to grant, convey, create, or vest in Licensee a real property interest in the Association ROW Irrigation Facilities Maintenance Areas. -3-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 97

Menifee Mayor and City Council
March 5, 2025
Page
734 of 831

3.2. Standards and Licensee’s Responsibilities. All of the Licensee Improvements within the Association ROW Irrigation Facilities Maintenance Area shall be maintained by Licensee to City standards. Licensee shall pay for all costs to install,maintain, and repair Licensee Improvements within polyvinyl chloride (PVC) pipe sleeves and to restore any City maintained landscaping associated with maintenance of the Licensee Improvements. Licensee, its officers, employees, contractors, subcontractors, agents, visitors, and volunteers shall not damage the Association ROW Irrigation Facilities Maintenance Areas or commit waste thereon.

Licensee shall notify the Director of Public Works/City Engineer a minimum of 48 hours prior to Association maintenance activity within the Association ROW Irrigation Facilities Maintenance Landscape Areas. As consideration for allowing this use, Licensee shall, at its sole cost and expense, and to the satisfaction of the City, install, maintain, and repair Licensee Improvements within polyvinyl chloride (PVC) pipe sleeves and restore any City maintained landscaping in the Association ROW Irrigation Facilities Maintenance Areas in connection with such maintenance activity.

If Licensee fails to maintain the Licensee Improvements in the condition required by this Agreement, after providing thirty (30) days’ written notice to Licensee of such failure, City may perform such maintenance and Licensee shall be responsible to reimburse City for the costs thereof, plus a ten percent (10%) administrative fee.

3.3. Permits. This Agreement is made contingent upon Licensee obtaining all certificates, permits, entitlements, environmental review, studies, and other approvals required by Laws and/or that any federal, state, or local authority may require for the construction and/or operation of the Licensee Improvements.

3.4. Non-interference. Except as permitted by City, in writing, by Laws or by this Agreement, in the performance and exercise of its rights and obligations under this Agreement, Licensee shall not interfere with the existence and operation of any public right-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility, and municipal property without the express prior written approval of City.

3.5. Compliance with Laws. Licensee shall comply with all Laws in the exercise and performance of its rights and obligations under this Agreement.

3.6. No warranty. Access to the Association ROW Irrigation Facilities Maintenance Areas under this Agreement is conditioned upon acknowledgment by Licensee that City makes no representations or warranties concerning the condition of the Association ROW Irrigation Facilities Maintenance Areas as they may exist from time to time and that City has no duty to warn Licensee of any conditions. Licensee agrees to assume all risks associated with Licensee’s entry and presence on and within the Association ROW Irrigation Facilities Maintenance Areas. However, to the extent City or any of its agents cause damage to any portion of Association ROW Irrigation Facilities Maintenance Areas, or the improvements made therein, City shall be responsible to make any necessary repairs and restore the Licensee Improvements to their prior condition. If City fails to repair and restore Licensee Improvements, after providing -4-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 98

Menifee Mayor and City Council
March 5, 2025
Page
735 of 831

thirty (30) days’ written notice to City of such failure, Licensee may perform such maintenance and restoration of the Licensee Improvements and City shall be responsible to reimburse Licensee for the costs thereof, plus a ten percent (10%) administrative fee.

4. INDEMNIFICATION.

Licensee shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents (herein, collectively, the “Indemnitees”) from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either (i) approval of this Agreement or actions related to this Agreement, including without limitation any judicial or administrative proceeding initiated or maintained by any Person challenging the validity or enforceability of this Agreement, any finding or determination made and/or any other action taken by any of the Indemnitees in conjunction with such approval, including without limitation any action taken pursuant to the California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of the Licensee and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising or acting on behalf of the Licensee with respect to the use, planning, design, construction, application process, utility services, and maintenance of the Association ROW Irrigation Facilities Maintenance Areas. City shall notify Licensee of any claim, lawsuit, or other judicial or administrative proceeding (herein, an “Action”) within the scope of this indemnity obligation and request that Licensee defend such Action with legal counsel reasonably satisfactory to City. If Licensee fails to so defend the Action, City shall have the right but not the obligation to do so with counsel of City’s own choosing, with no right of approval by Licensee and, if City does, Licensee shall promptly pay City’s reasonable costs thereof, with payments made at least on a monthly basis. Notwithstanding the foregoing, the indemnity obligation under clause (ii) of the first sentence of this Section 4 shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of City. This Section 4 shall survive any final action on this Agreement, including the termination hereof, and shall survive and be independent of any approvals, even if such approvals are invalidated in whole or part.

5. INSURANCE
Licensee, at Licensee’s sole expense, shall obtain and keep in force during the Term the following insurance coverages, with commercially acceptable deductibles: (1) a Commercial General Liability (CGL) policy insuring against all liability of the Licensee arising out of or in connection with this Agreement, which shall have a per occurrence limit of at least Two Million Dollars ($2,000,000) as indicated by the Insurance Services Office (ISO) Form CG 00 01 covering CGL and if a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement or location depicted in Exhibit “A” (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit, which is at least Four Million Dollars ($4,000,000), shall name the Indemnitees as additional insureds, and shall be primary and non-contributing with -5-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 99

Menifee Mayor and City Council
March 5, 2025
Page
736 of 831

any other insurance available to City; (2) Workers’ Compensation insurance, including Employer’s Liability coverage, in compliance with statutory requirements, and a Waiver of Subrogation in favor of City; and (3) Automobile Liability insurance covering all owned, hired, and non- owned automobiles, which shall have a per occurrence limit of at least One Million Dollars ($1,000,000) and an aggregate limit of at least Two Million Dollars ($2,000,000), shall name the Indemnitees as additional insureds, and shall be primary and non-contributing with any other such insurance available to City. All general liability insurance and property damage insurance shall insure performance by Licensee of the indemnity, defense, protection and hold harmless provisions in this Agreement. The policy shall be written on an occurrence basis and shall include, at a minimum, bodily injury, property damage, personal injury and contractual liability. If the Licensee maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

The limits of insurance liability shall not limit Licensee’s indemnification, defense, protection and/or hold harmless obligations under this Agreement. Each insurance policy required by this Agreement shall be evidenced by a certificate of insurance and Additional Insured Endorsement. If the Licensee fails to procure or cause to be procured and maintained the required insurance, City may, but shall not be required to, procure and maintain such insurance, but at the expense of Licensee. Insurance required by this Agreement shall be placed with and issued by companies rated A-; VII or better in “Best’s Key Rating Guide.” Concurrent with or prior to the commencement of the Term, Licensee shall deliver to City certificate(s) of insurance evidencing the existence and amounts of such insurance. No policy shall be cancelled or coverage reduced prior to the end of the Term.

6. NO CITY LIABILITY
City shall not be liable for, and Licensee waives, all claims against City and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents for loss or damage while using the Association ROW Irrigation Facilities Maintenance Areas or the property of any person claiming by, through or under Licensee, as a consequence of or in connection with this Agreement regardless of the cause including, without limitation, any right to seek, claim or obtain damages, punitive damages or consequential damages, including, without limitation, any claim for lost profits.

7. NOTICES.

All notices which shall or may be given under this Agreement shall be in writing and delivered personally or transmitted: (i) through the United States mail, by registered or certified mail, postage prepaid; or (ii) with prepaid reputable overnight delivery service that provides a receipt with the time and date of delivery, the Parties at the following addresses:
-6-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 100

Menifee Mayor and City Council
March 5, 2025
Page
737 of 831

City: City of Menifee
Attention: Director of Public Works/City Engineer
29844 Haun Road
Menifee, CA 92586
With Copy to:

Licensee:

Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attention: City Attorney, City of Menifee
Banner Park Community Association
c/o Vintage Group
24422 Avenida de La Carlota, Suite 450
Laguna Hills, CA 92653
Attn: Banner Park Community Association Manager
With Copy to: Pulte Home
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
Attn: Banner Park Project Manager
Notices shall be deemed given upon receipt with personal delivery, three (3) days after deposit in the mail, or the next day with overnight delivery. Either Party may occasionally designate any other address for this purpose by written notice to the other Party in the manner set forth above.
8 TERMINATION.

8.1 Termination for Cause. In addition to the termination rights set forth in Section 2 and Section 3.1 of this Agreement, this Agreement may be terminated by either Party upon thirty (30) days’ prior written notice to the other Party upon a default of any material covenant or term by the other Party, which default is not cured within thirty (30) days after receipt of written notice of default or, if such default is not curable within thirty (30) days, if the defaulting Party fails to commence such cure within thirty (30) days or fails to thereafter diligently prosecute such cure to completion. Upon the expiration or earlier termination of this Agreement, Licensee shall have no further obligations under this Agreement, including without limitation, Licensee shall have no further obligation to maintain the Association ROW Irrigation Facilities Maintenance Areas or Licensee Improvements or to incur any costs, including but not limited water and electrical costs associated with the Association ROW Irrigation Facilities Maintenance Areas and Licensee Improvements; provided, however, that Licensee’s indemnification obligations hereunder shall survive any such expiration or earlier termination of this Agreement.

8.2 Removal of Licensee Improvements. At City’s election, City may require Licensee, in a writing delivered to Licensee prior to the termination of this Agreement, to -7-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 101

Menifee Mayor and City Council
March 5, 2025
Page
738 of 831

remove all of the Licensee Improvements from the Association ROW Irrigation Facilities Maintenance Areas. In such event, all such Licensee Improvements shall be removed within ninety (90) days after the termination of this Agreement.

9. MISCELLANEOUS PROVISIONS.

9.1 Assignment. Licensee shall not assign, sell, or transfer its interest under this Agreement without the express prior written approval and consent of City, which consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted assignment, sale, or transfer in violation of this Section shall be void. Transferring the rights and obligations of Licensee to a parent, subsidiary, or other affiliate of Licensee, or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of Licensee's stock or assets, shall not be deemed an assignment. Licensee shall give to City written notice of any such transfer within thirty (30) days thereafter.

If any proposed transferee will have a financial strength or creditworthiness after the proposed transfer of at least equal to that of Licensee prior to the transfer, it shall not be deemed reasonable for City to withhold its consent to the proposed transfer unless the proposed transferee has a record of nonperformance under similar agreements which is unacceptable to City under a reasonable standard of evaluation. Any transfer, regardless of whether City’s prior consent is required, shall not be effective until such time as Licensee and the proposed transferee have entered into an assignment and assumption in a form acceptable to the City Attorney in his or her reasonable discretion.

9.2 No Mechanics Liens. Licensee shall not permit any mechanics or other liens to be filed against the Association ROW Irrigation Facilities Maintenance Areas as a result of or in connection with the rights granted under this Agreement.

9.3 Entire Agreement. This Agreement contains the entire understanding between the Parties regarding the subject herein. There are no representations, agreements or understandings (whether oral or written) between or among the Parties relating to the subject of this Agreement, which are not expressed herein.

9.4 Amendments. This Agreement may not be amended except pursuant to a written instrument signed by both Parties.

9.5 Severability. If any one or more Provisions of this Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provisions shall be deemed severable from the remaining Provisions of this Agreement and shall in no way affect the validity of the remaining portions of this Agreement.

9.5 Applicable Law; Venue. This Agreement shall be governed and construed by and under the Laws of the State of California and the City of Menifee Municipal Code, as amended from time-to-time, excluding any choice of law provisions or conflict of law principals which would require reference to the laws of any other jurisdictions, but may be subject to superseding federal Law. In the event that suit is brought by a -8-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 102

Menifee Mayor and City Council
March 5, 2025
Page
739 of 831

Party, the Parties agree that trial of such action shall be vested exclusively in the State Court of California, County of Riverside.

9.6 No Third Party Rights. Nothing in this Agreement shall be deemed or otherwise construed as granting any rights, benefits or interests to any individual, entity or body who / that is not a party to this Agreement.

9.7 Exhibits. All exhibits referred to in this Agreement and any addenda, attachments, and schedules which may, occasionally, be referred to in any duly executed amendment to this Agreement are by such reference incorporated in this Agreement and shall be deemed a part of this Agreement as though set forth herein. All requirements or Provisions contained in the exhibits are material terms of this Agreement and enforceable.

9.8 Successors and Assigns. This Agreement is binding upon the successors and assigns of the parties subject to the requirements of Section 9.1, infra.

9.9 Authority to Execute. Each individual executing this Agreement on behalf of a Party warrants that: (i) such Party is duly organized and existing, (ii) the signer duly may execute and deliver this Agreement on behalf of the Party, (iii) by so executing this Agreement, such Party is formally bound to this Agreement, (iv) the Party's entry into this Agreement violates no Provision of any other agreement to which said Party is bound, and (v) there is no litigation or legal proceeding that would prevent said Party from signing this Agreement or performing its obligations hereunder.

9.10 Administration. This Agreement shall be administered and executed on behalf of City by the City Manager. The City Manager shall have the authority to issue interpretations, waive terms and conditions, enter into implementing agreements and amendments of this Agreement on behalf of City provided that such actions do not substantially change the purposes and intent of this Agreement, materially increase the risk of liability, or impair the rights or remedies, of City provided herein. All other waivers or amendments shall require the formal consent of the City Council of City.

9.11 Captions. The captions of the Sections in this Agreement are for convenience only, and are not intended to be any part of the body of this Agreement, nor are they intended to be referred to in construing this Agreement.

9.11 Counterparts. This Agreement may be executed in one or more counterparts, and all the counterparts shall constitute but the same agreement, notwithstanding that all parties are not signatories to the same or original counterpart.

9.12 Advice of Counsel; Interpretation. Each Party acknowledges that it has had the benefit of advice of competent legal counsel regarding its decision to enter this Agreement. This Agreement shall be interpreted to give effect to each Provision hereof, in accordance with the fair meaning thereof, and shall be construed as prepared by both Parties.
-9-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 103

Menifee Mayor and City Council
March 5, 2025
Page
740 of 831

9.13 No Waiver. The failure of any Party to enforce against the other a Provision of this Agreement shall not constitute a waiver of that Party's right to enforce such Provision at a later time.

9.14 Disputes. The Parties agree to make a diligent, good-faith attempt to resolve any claim, controversy or dispute arising out of this Agreement ("Disputes"). An authorized representative shall be selected by each Party to attempt to resolve Disputes by phone or in person. In any action seeking the enforcement or interpretation of any of the terms or provisions of this Agreement, the prevailing Party in that action shall be awarded, in addition to allowable damages, injunctive or other relief, its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and expert witness fees.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and representatives as of the Effective Date written at the beginning of this Agreement.
“City”
CITY OF MENIFEE, a California municipal
corporation
Dated: , 2025
By: _______________________________
Print Name: Ricky Estrada, Mayor

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
ATTEST:

By: _______________________________
Stephanie Roseen, City Clerk______________________________ Attorneys for the City of
Menifee
“Licensee”
Banner Park Community Association, a
California nonprofit mutual benefit
corporationDated: , 2025
By:

Print
Name:__________________________
Its: _________________________________
-10-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 104

Menifee Mayor and City Council
March 5, 2025
Page
741 of 831

Dated: , 2025 By:

Print
Name:__________________________
Its: _________________________________
-11-SMRH:4836-5297-2730.3
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 105

Menifee Mayor and City Council
March 5, 2025
Page
742 of 831

EXHIBIT “A”

DEPICTION OF ASSOCIATION ROW IRRIGATION FACILITIES MAINTENANCE AREAS [Attached hereto.]
All items, and location of items, shown on illustration are shown for informational purposes only and should not be relied upon for content, precise design or dimension. The actual conditions will control.

Exhibit “A”
Item Title: 10.17
Improvement

Agreements,

Bonds,

and

License

Agreement

for

Tract

Map

37671,

Banner

Park

South,

Pulte

Homes
Company, LLC
Item Page Number: 106

Menifee Mayor and City Council
March 5, 2025
Page
743 of 831

LEGEND
HOA POC WATER METER2
8' HOA MAINTENANCE

AREA (IRRIGATION MAIN

AND SLEEVE ONLY)

HOA MAINTENANCE AREA
(IRRIGATION MAINLINE
AND SLEEVE ONLY)1
HOA
52 O.S.
2 8' HOA MAINTENANCE

AREA (IRRIGATION MAIN

AND SLEEVE ONLY)

INDEX MAP NTS
51 THIS SHEET
PARCEL "CC"
PER L.L.A. NO.

LLA24-002,
INSTRUMENT 50
NO.

SPURNWOOD
CIRCLE

COURAGE COURT
HOA 54 O.S.

PER TM3767-1 2024-0229618
NORTH 0' 50' 100'

BANNER PARK SOUTH - DOMENIGONI PKWY & AIRBORNE DR
EXHIBIT "A"
Item Title: 10.17
Improvement Agreements, Bonds, and License Agreement for Tract Map 37671, Banner Park South, by Pulte Homes Company, LLC Item Page Number: 107

Menifee Mayor and City Council
March 5, 2025
Page
744 of 831

IRONVIEW DRIVECITY PARK 25
PARCEL "C"
PER L.L.A. NO.

LLA24-001,
INSTRUMENT NO.
2024-0221443
24 2332
8' HOA MAINTENANCE

AREA (IRRIGATION MAIN
AND SLEEVE ONLY) HOA LOT# 55
PER TM37671
POC 2 HOA MAINTAINED

IRRIGATION MAINLINE INDEX MAP NTS
HOA LOT# 52
PER TM37671-1
LEGEND

THIS SHEET

HOA MAINTENANCE AREA
(IRRIGATION MAINLINE

AND SLEEVE ONLY)

SPURNWOOD
CIRCLE

COURAGE COURT
NORTH 0' 50' 100'

BANNER PARK SOUTH - CITY PARK AT SOUTHERN END
EXHIBIT "A"
Item Title: 10.17
Improvement Agreements, Bonds, and License Agreement for Tract Map 37671, Banner Park South, by Pulte Homes Company, LLC Item Page Number: 108

Menifee Mayor and City Council
March 5, 2025
Page
745 of 831

CITY OF MENIFEE
SUBJECT: Acceptance of Landscape Improvements and 90% Release of Security for Tract Map 36852, Del Oro South, by Forestar (USA) Real Estate Group, Inc.

MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public landscape improvements for Tract Map 36852, Del Oro South, located south of Holland Road and east of Hanover Lane; and

2. Authorize the City Engineer to release the posted securities per the City’s standard policies.

DISCUSSION
Tract Map 36852 (TM36852), also known as Del Oro South (“Project”), is a subdivision of 19.99 gross acres of land subdivided into 68 total lots for residential use. The Project is located south of Holland Road and east of Hanover Lane. As part of the development requirements, Forestar (USA) Real Estate Group, Inc. (“Developer”), constructed landscape improvements.

The Developer has now completed the construction and maintenance period for the landscaping and is requesting acceptance of the completed improvements into the City’s maintenance system.

Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the faithful performance security and material and labor security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The originally posted improvement security is listed in Table 1 below.

Table 1- TM36852, IP20-024L, Landscape Improvements
Improvement Security Faithful Performance Labor & Materials Landscape CMS0344897 $495,500 $247,750
Total $495,500 $247,750
Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 1

Menifee Mayor and City Council
March 5, 2025
Page
746 of 831

City of Menifee Staff Report
Landscape Improvement Acceptance TM36852
March 5, 2025

Page 2 of 2 ends

2 5
6 7

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2024/2025 operating budgets in maintenance Community Facilities District (CFD) 2017-1, Zone 5.

ATTACHMENTS

1. Project Map

2. Agreement

3. Bond
Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 2

Menifee Mayor and City Council
March 5, 2025
Page
747 of 831

PROJECT MAP

VICINITY MAP
Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 3

Menifee Mayor and City Council
March 5, 2025
Page
748 of 831

AGREEMENT

FOR THE GONSTRUCTION OF LANDSCAPE IMPROVEMENTS
TRACT 368s2, IP20-O24L
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 36852 / lP20-024L , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, all landscape improvements in accordance with those plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Ordinance No. 348 and Menifee Municipal Code Section 2009-61 referring to Establishment of Water Use Efficiency Requirements, which replaced Riverside County Ordinance No. 859, and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at lnout apolicable email address for Develooer contact. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or Iabor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Four Hundred Ninetv Five Thousand Five Hundred and no/100 . Dollars $ 495.500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices requrred for the la\,vful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and amprovement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the landscape improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion This Agreement for Construction of Landscape lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Forestar (USA) Real Estate Grouo. lnc. , hereinafter called Developer.

WITNESSETH:

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 4

Menifee Mayor and City Council
March 5, 2025
Page
749 of 831

and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, an the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Develope( its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officrals, officers, employees, agents, or volunteers.

FIFTH. The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work wathin the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the work contemplated by this Agreement is completed. Developer shall remit such Completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Costs. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Costs.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty-eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer and any surety, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedres available to City under this Agreement or the law. The farlure of the Developer to commence or Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 5

Menifee Mayor and City Council
March 5, 2025
Page
750 of 831

complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developel and such extensions shall in no way affect the validity of this Agreemenl or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shall Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 6

Menifee Mayor and City Council
March 5, 2025
Page
751 of 831

survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the requrred work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned, provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

SEVENTEENTH: This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
s!!y Developer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Forestar (USA) Real Estate Group, lnc
2221 E. Lamar Blvd Suite 790
Arlington, TX 76006
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any party to assign any right or obligation.

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 7

Menifee Mayor and City Council
March 5, 2025
Page
752 of 831

lN WITNESS WHEREOF, Developer has affixed his name, address and seal Daled. _,2021 Forestar (USA) Real Estate Group, lnc
By:

James D. Allen
Exocutlvr Vl€r Pnsidcnt & CFo
Dated. ,2021 CIry OF MENIFEE
By:

Daniel adilla, City Engineer
CIry OF MENIF
By
Armando G. lla, City Manager

APPROVED AS TO FORM
By
Kay Vi ng City Clerk T Melch ity Attorney
By

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
ATTEST:

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 8

Menifee Mayor and City Council
March 5, 2025
Page
753 of 831

A NOTARY PUBTIC OR OFFICER COMPLETING THIS

CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WIiO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE

IS ATTACHED, ANO NOT THE TRUTHFULNESS, ACCURACY OR VALIDITY OF THAT OOCUMENT.

STATE OF TEXAS
couNry orJqlfl-h,W
0q tq ,ro Ll BEF.RE ME,ON
v

A NOTARY PUBL,LC, PERSONALLY APPEARF
1*'rvu* b fitta"t

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) rS/ARE SUBSCRTBED TO THE WTHrN TNSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORTZED CAPACTTY(|ES), AND THAT BY HrS/HER/THETR STGNATURE(S) ON THE TNSTRUMENT THE PERSON(S), OR THE ENTrry UPON BEHALF OF WHrCH THE PERSON(S) ACTED, EXECUTED THIS INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF

TEXAS THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT

WITNESS MY HAND AND OFFICIAL SEAL

SIGNATURE
(and SEAL)
aA{ :
)
D
sr€
o7-1
I trl
Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 9

Menifee Mayor and City Council
March 5, 2025
Page
754 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 10

Menifee Mayor and City Council
March 5, 2025
Page
755 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 11

Menifee Mayor and City Council
March 5, 2025
Page
756 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 12

Menifee Mayor and City Council
March 5, 2025
Page
757 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 13

Menifee Mayor and City Council
March 5, 2025
Page
758 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 14

Menifee Mayor and City Council
March 5, 2025
Page
759 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 15

Menifee Mayor and City Council
March 5, 2025
Page
760 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 16

Menifee Mayor and City Council
March 5, 2025
Page
761 of 831

Item Title: 10.18
Acceptance

Landscape

Improvements

and

90%

Release

Security

for

Tract

Map

36852,

Del

Oro

South,

Forestar
(USA) Real Estate Group, Inc.

Item Page Number: 17

Menifee Mayor and City Council
March 5, 2025
Page
762 of 831

CITY OF MENIFEE
SUBJECT: Side Letter of Agreement with the Miscellaneous Police Employees Association
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Angela Rivera, Human Resources Director
REVIEWED BY: Angela Rivera, Human Resources Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager or designee to execute and implement the terms of the Side Letter Agreement with the Menifee Miscellaneous Police Employees Association (MMPEA) regarding Community Services Officer shift selection and rotation procedures.

DISCUSSION
The Meyers-Milias-Brown Act (MMBA) requires public agencies to meet and confer in good faith with recognized employee organizations regarding wages, hours, and working conditions.

On December 17, 2024, the City Council adopted Resolution No 24-1524, approving a Memorandum of Understanding (MOU) between the City of Menifee and MMPEA, which established shift selection procedures for Community Services Officers (CSOs), requiring that:
•Shift selections occur twice per year (January and July). •Selections must be made at least 60 days prior to the start of the new shift rotation.

Due to the timing of the newly approved MOU, the Menifee Police Department had already established a March 2025 shift rotation, creating a misalignment with the contractual January/July schedule.

To correct this deviation and ensure operational consistency, the City and MMPEA have agreed to a temporary adjustment outlined in the attached Side Letter Agreement. This would allow the March 2025 shift selection to stand as already established, followed by an additional shift rotation in July 2025, bringing CSOs back in sync with the Police Officer schedule.

Item Title: 10.19
Side Letter of Agreement with the Miscellaneous Police Employees Association Item Page Number: 1

Menifee Mayor and City Council
March 5, 2025
Page
763 of 831

City of Menifee Staff Report
Side Letter of Agreement with MPEA
March 5, 2025

Page 2 of 3 ends

1 9
2 1
The City Council is being asked to approve a Side Letter Agreement between the City of Menifee and the Menifee Miscellaneous Police Employees Association to address this temporary shift rotation deviation for CSO I/II employees.

To correct this misalignment, the City and MMPEA have mutually agreed to:
•Allow the March–July 2025 shift rotation to remain in place for this cycle. •Implement an additional shift change in July 2025 to synchronize CSO shift rotations with the Police Officer schedule.
•Fully reinstate the MOU’s prescribed shift rotation process beginning July 2025, with shift selections occurring 60 days prior to each cycle change.

This agreement is temporary, does not set a precedent, and does not modify any other provisions of the MOU.

Analysis
The Side Letter Agreement outlines the following key provisions:

1. Temporary Deviation from Shift Rotation Schedule
•The March 2025 shift rotation will remain in effect until July 2025. •In July 2025, an additional shift change will occur to synchronize CSO shift rotations with the Police Officers' schedule.

2. Reinstatement of MOU Procedures
•Beginning July 2025, the standard six-month shift rotation process will resume. •Future shift selections will be conducted 60 days prior to each rotation, per the MOU.

3. One-Time Adjustment Without Precedent
•This agreement is temporary and applies only to the 2025 shift rotation. •It does not set a binding precedent for future shift scheduling decisions.

4. No Impact on Other MOU Provisions
•Aside from this temporary modification, all other wages, hours, and conditions of employment remain unchanged.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact associated with this action, as this agreement does not alter employee wages, benefits, or overall operational costs.

Item Title: 10.19
Side Letter of Agreement with the Miscellaneous Police Employees Association Item Page Number: 2

Menifee Mayor and City Council
March 5, 2025
Page
764 of 831

City of Menifee Staff Report
Side Letter of Agreement with MPEA
March 5, 2025

Page 3 of 3 ends

Menifee City CouncilMarch 5, 2025

Menifee City Council
March 5, 2025