Agenda packet, first session — Menifee City Council, May 7, 2025 (part 2 of 4)

2 6
8 4
Diego Police Equipment, Inc., and U.S. Armor Corp. Both vendors provide equipment that complies with the latest applicable National Institute of Justice ballistic or stab standards.

As of July 2024 the Menifee Police Department is authorized for 93 sworn staff. As of November 2024, the first purchased vests have begun expiring and need to be replaced. The JAG award would provide for the acquisition of 13 vests scheduled for replacement by the end of 2025.

The Menifee Police Department currently has a mandatory wear policy that all applicable staff are required to acknowledge upon hire. This acknowledgment is completed through the agencies Lexipol policy, and a JAG - Body Armor Mandatory Wear Policy Certification was included with the initial application documents. The oversight of the vest purchases would be managed by the department quartermaster.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact for the acceptance of the 2024 Justice Assistance Grant is $13,032 in both revenue and expenditures, to be recognized in Fiscal Year 2024/2025. The Finance Department would increase the budgeted revenue in federal grant revenue within the Grant Fund (2301- 17001-441000) and appropriate those funds to the Justice Assistance Grant (F) for Menifee Police Department within the Grant Fund (2301-MPD-17001-652845). No match by the City is required.

ATTACHMENTS

1. Interlocal Agreement – 2024 JAG

2. RSO Standard Assurances

3. Grant Summary Report

4. Budget Adjustment Resolution
Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 2

Menifee Mayor and City Council
May 7, 2025
Page
94 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 3

Menifee Mayor and City Council
May 7, 2025
Page
95 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 4

Menifee Mayor and City Council
May 7, 2025
Page
96 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 5

Menifee Mayor and City Council
May 7, 2025
Page
97 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 6

Menifee Mayor and City Council
May 7, 2025
Page
98 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 7

Menifee Mayor and City Council
May 7, 2025
Page
99 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 8

Menifee Mayor and City Council
May 7, 2025
Page
100 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 9

Menifee Mayor and City Council
May 7, 2025
Page
101 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 10

Menifee Mayor and City Council
May 7, 2025
Page
102 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 11

Menifee Mayor and City Council
May 7, 2025
Page
103 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 12

Menifee Mayor and City Council
May 7, 2025
Page
104 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 13

Menifee Mayor and City Council
May 7, 2025
Page
105 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 14

Menifee Mayor and City Council
May 7, 2025
Page
106 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 15

Menifee Mayor and City Council
May 7, 2025
Page
107 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 16

Menifee Mayor and City Council
May 7, 2025
Page
108 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 17

Menifee Mayor and City Council
May 7, 2025
Page
109 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 18

Menifee Mayor and City Council
May 7, 2025
Page
110 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 19

Menifee Mayor and City Council
May 7, 2025
Page
111 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 20

Menifee Mayor and City Council
May 7, 2025
Page
112 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 21

Menifee Mayor and City Council
May 7, 2025
Page
113 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 22

Menifee Mayor and City Council
May 7, 2025
Page
114 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 23

Menifee Mayor and City Council
May 7, 2025
Page
115 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 24

Menifee Mayor and City Council
May 7, 2025
Page
116 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 25

Menifee Mayor and City Council
May 7, 2025
Page
117 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 26

Menifee Mayor and City Council
May 7, 2025
Page
118 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 27

Menifee Mayor and City Council
May 7, 2025
Page
119 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 28

Menifee Mayor and City Council
May 7, 2025
Page
120 of 626

Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 29

Menifee Mayor and City Council
May 7, 2025
Page
121 of 626

CITY OF MENIFEE
F
iscal Year of Grant Award:_____________________________ Date City Council Approved :_____________________________ Grant Name:__________________________________________ Granting Agency:______________________________ __________ City Department:______________________________________ City Grant Administrator:________________________________ Grant Funding Period:__________________________________ Grant Type: Fed State Local Other Grant Purpose/City Program:

F
ederal Grant: If Pass-through Grant:

Federal Awarding Agency __________________________ Pass-through Agency_____________________________ Federal CFDA No.______________________________ Grant ID Number_____________________ Amount Awarded:____________________ City Matching Funds:____________________ Funding Method:_____________________ City Expenditure Account(s):_________________________________________________________________________________________ ____________________________________________________________________________________________________________________ City Revenue Account:_______________________________________________________________________________________________ R
eporting Requirements:

D
oes the funding agency require a compliance audit? ______________ I
f yes, what kind of reporting:_________________________________________________________________________________ D
oes the agency require a copy of the Single Audit report? ______________ C
an grant funds be carried over to other fiscal years? ______________ If yes, which years?_________________________ I
s allocated interest a grant requirement?_______________ This report is completed for each approved grant and forwarded along with the approved council agenda staff report to the Finance Department.

CITY OF MENIFEE

GRANT SUMMARY REPORT (GSR)

FINANCE DEPARTMENT
2024/2025
5/7/25
2024 Justice Assistance Grant (JAG)(F)
Bureau of Justice Assistance (BJA)
Menifee Police Department
Christine Booker
7/1/25-6/30/26
The use of the grant is limited to: Law enforcement programs, prosecutions and court programs, prevention and education, correction and community corrections programs, drug treatment, planning, evaluation and tech improvement program, crime victim and witness programs as well as mental health programs.

DOJ-BJA
County of Riverside

16.738
$13,032
Reimbursement
(Account(s) subject to change) 2301-51-MPD-PDAM-000-17001-652845 (Account(s) subject to change) 2301-28-XNC-XNCL-000-17001-441000 Reimbursement requests, quarterly and annual financial and performance reports. 3% of the allocated award must be set aside for the National Incident Based Reporting (NIBRS) compliance, unless the FBI has certified that the state is already NIBRS compliant.

No
No
Yes
FY2025/2026
No
✔
Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 30

Menifee Mayor and City Council
May 7, 2025
Page
122 of 626

RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Grant Fund 2301 Adopted FY 2024/25 Revenue Budget: $0.00

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $633,759.00 July 1, 2024 FY2023/2024 Carryovers Various 7,234,726.44 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-00-XNC-XNCL-
000-00000-441000 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-00-XNC-XNCL-
000-00000-441002 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (Menifee Resurfacing Project)
2301-00-XNC-XNCL-
000-00000-441002 92,500.00
September 18,
2024 Grant: Clean Air Day Microgrant
2301-28-XNC-XNCL-
000-00000-441004 500.00
October 2, 2024
Grant: Economic Development
Administration CEDS Grant
2301-00-XNC-XNCL-
000-00000-441000 40,000.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-00-XNC-XNCL-
000-00000-441002 112,512.00
November 6, 2024 Grant: OTS STEP
2301-28-XNC-XNCL-
000-00000-441002 216,000.00
November 6, 2024 Grant: COPS Microgrant
2301-28-XNC-XNCL-
000-00000-441000 51,949.00
November 6, 2024
Grant: Alcoholic Beverage Control
OTS
2301-28-XNC-XNCL-
000-00000-441002 32,100.00
November 6, 2024 Grant: PLHA Program
2301-28-XNC-XNCL-
000-00000-441002 646,059.00
January 15, 2025
Grant: DOE Equipment Rebate
Voucher
2301-28-XNC-XNCL-
000-00000-441000 146,570.00
February 5, 2025
Grant: ARPA funds appropriated
at Mid-year FY24/25
2301-28-XNC-XNCL-
000-00000-441000 80,000.00
February 19, 2025
Grant: NRPA Gender Equity in
Youth Sports
2301-28-XNC-XNCL-
000-17035-441005 20,000.00
March 5, 2025
Grant: LTCAP for CIP 13-04
(Bradley Rd Bridge)
2301-28-XNC-XNCL-
000-17039-441002 4,200,000.00
March 5, 2025
Grant: CPFCDS Program for CIP
13-04 (Bradley Rd Bridge)
2301-28-XNC-XNCL-
000-17038-441000 5,000,000.00
Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 31

Menifee Mayor and City Council
May 7, 2025
Page
123 of 626

Amending the Fiscal Year 2024/25 Grant Fund Budget
Justice Assistance Grant
2 4
9 8
1 0
Amended Grant Fund 2301 FY 2024/25 Revenue Budget: $23,047,786.87 Grant Fund 2301 Adopted FY 2024/25 Expenditure Budget: $0.00

2. Record Appropriation(s):

April 2, 2025
Grant: CPFCDS Program for CIP
20-05 (Garbani Road/I-215
Interchange)
2301-28-XNC-XNCL-
000-17038-441000 2,200,000.00
April 2, 2025
Grant: CalTrans ATP Cycle 6 for
CIP 24-04 (Romoland ATP)
2301-28-XNC-XNCL-
000-17003-441002 527,000.00
April 2, 2025
Grant: CalTrans ATP Cycle 6 for
CIP 24-15 (Harvest Valley ATP)
2301-28-XNC-XNCL-
000-17003-441002 1,483,000.00
April 16, 2025
Grant: NRPA Million Coaches
Challenge
2301-28-XNC-XNCL-
000-17041-441005 2,500.00
May 7, 2025
Grant: Justice Assistance
Grant (JAG)
2301-28-XNC-XNCL-
000-17001-441000 13,032.00
TOTAL: $23,047,786.87

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $595,472.00 July 1, 2024 FY2023/2024 Carryovers Various 7,133,090.20 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-51-MPD-PDAM-
000-00000-658165 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-51-MPD-PDAM-
000-00000-658211 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (Menifee Resurfacing Project)
2301-55-PWD-CIPS-
000-00000-658011 92,500.00
September 18,
2024 Grant: Clean Air Day Microgrant
2301-53-CSD-SWES-
000-00000-652844 500.00
October 2, 2024
Grant: Economic Development
Administration CEDS Grant
2301-50-ECD-XNCL-
000-00000-652832 40,000.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-51-MPD-PDAM-
000-00000-658174 112,512.00
November 6, 2024 Grant: OTS STEP
2301-51-MPD-PDAM-
000-00000-652426 216,000.00
November 6, 2024 Grant: COPS Microgrant
2301-51-MPD-PDAM-
000-00000-652429 51,949.00
November 6, 2024
Grant: Alcoholic Beverage Control
OTS
2301-51-MPD-PDAM-
000-00000-652428 32,100.00
November 6, 2024 Grant: PLHA Program
2301-52-CDD-PLNG-
000-00000-652843 646,059.00
January 15, 2025
Grant: DOE Equipment Rebate
Voucher
2301-55-PWD-CIPS-
000-00000-660010 146,570.00
2301-53-CSD-RECR-
000-17035-651011
…17035-651410
…17035-651500
…17035-652054
February 19, 2025
Grant: NRPA Gender Equity in
Youth Sports …17035-652800 20,000.00
March 5, 2025
Grant: LTCAP for CIP 13-04
(Bradley Rd Bridge)
2301-55-PWD-CIPS-
000-17039-760000 4,200,000.00
Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 32

Menifee Mayor and City Council
May 7, 2025
Page
124 of 626

Amending the Fiscal Year 2024/25 Grant Fund Budget
Justice Assistance Grant
3 4
9 8
1 0
Amended Grant Fund 2301 FY 2024/25 Expenditure Budget: $22,827,863.63

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Grant Fund 2301 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Grant: Justice Assistance Grant (JAG) $13,032.00
Amended Grant Fund 2301 FY2024/25 Budget $23,047,786.87

Expenditures:

Grant: Justice Assistance Grant (JAG) $13,032.00 $0 Amended Grant Fund 2301 FY2024/25 Budget $22,827,863.63 March 5, 2025
Grant: CPFCDS Program for CIP
13-04 (Bradley Rd Bridge)
2301-55-PWD-CIPS-
000-17038-760000 5,000,000.00
April 2, 2025
Grant: CPFCDS Program for CIP
20-05 (Garbani Road/I-215
Interchange)
2301-55-PWD-CIPS-
000-17038-760000 2,200,000.00
April 2, 2025
Grant: CalTrans ATP Cycle 6 for
CIP 24-04 (Romoland ATP)
2301-55-PWD-CIPS-
000-17003-760020 527,000.00
April 2, 2025
Grant: CalTrans ATP Cycle 6 for
CIP 24-15 (Harvest Valley ATP)
2301-55-PWD-CIPS-
000-17003-760020 1,483,000.00
2301-53-CSD-RECR-
000-17041-651011
…17041-651410
…17041-651500
…17041-652054
April 16, 2025
Grant: NRPA Million Coaches
Challenge …17041-652800 2,500.00
May 7, 2025
Grant: Justice Assistance
Grant (JAG)
2301-51-MPD-PDAM-
000-17001-652845 13,032.00
TOTAL: $22,827,863.63
Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 33

Menifee Mayor and City Council
May 7, 2025
Page
125 of 626

Amending the Fiscal Year 2024/25 Grant Fund Budget
Justice Assistance Grant
4 4
9 8
1 0
PASSED, APPROVED AND ADOPTED this 7th day of May, 2025. _____________________________
Ricky Estrada, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.6
2024 Justice Assistance Grant Award for the Menifee Police Department Item Page Number: 34

Menifee Mayor and City Council
May 7, 2025
Page
126 of 626

CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant
MEETING DATE: May 7, 2025
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Memorandum of Understanding with the Menifee Valley Community Cupboard for a six-month term to continue activities funded under the CalRecycle Edible Food Recovery Grant Program.

DISCUSSION
On February 1, 2023, the Menifee City Council approved a Memorandum of Understanding (MOU) between the City and the Menifee Valley Community Cupboard (MVCC) to expand food donation programs in the City. This initiative was developed in response to the requirements of Senate Bill (SB) 1383, which requires jurisdictions to expand their capacity to receive and donate unused edible food from businesses.

The original MOU with MVCC expired on April 1, 2025. To maintain the momentum of the program and align with the recently extended CalRecycle Edible Food Recovery Grant term of October 1, 2025, a new MOU has been proposed for the period of May 7, 2025, through October 1, 2025.

In October 2022, the City was one of only two jurisdictions statewide to receive funding through the Edible Food Recovery Grant Program, securing a total award of $241,360. As the primary grantee, the City administers all grant funds and is responsible for reimbursing MVCC for eligible expenses associated with the program.

The MVCC has provided vital assistance to families in the Menifee area since 1998 and serves over 700 households each month with food drives and its thrift store at their primary location in the Sun City area. The MVCC has deep roots in the community and has established close relationships with many local businesses. Through the grant partnership, the MVCC now runs satellite food distribution sites in the underserved communities of Quail Valley and Romoland by Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 1

Menifee Mayor and City Council
May 7, 2025
Page
127 of 626

City of Menifee Staff Report
MOU with Menifee Valley Community Cupboard
May 7, 2025

Page 2 of 3 ends

2 6
8 1
utilizing a refrigerated box truck purchased with grant funds. The refrigerated truck has also allowed MVCC to accept and provide more fresh produce and meat products to families in need.

Upgrades to their preparation station at their main headquarters also allow MVCC to accept and repackage bulk donations received from businesses. Lastly, MVCC has assisted with providing education to businesses on understanding the SB 1383 legislation, how to establish a donation program for any unused food, clarifying the types of food that can be donated, setting up recordkeeping, and food storage techniques. These efforts have helped the City to meet the requirements of SB 1383 and expanded food donation and collection in Menifee ensuring that more households are cared for.

Since the award, the Edible Food Recovery Program has accomplished several key goals and established the City’s compliance with the related section of SB 1383, including:
•Funded purchase of a refrigerated box truck to be retained by MVCC and used to operate satellite food distribution sites in Romoland and Quail Valley •Upgrade and expansion of MVCC primary location to allow for acceptance of bulk donation •Purchase equipment to support satellite food distribution •Created two jobs (MVCC program support and driver)
•Created branded outreach
•Funded consultant services to conduct state required inspections and outreach to Tier 1 and Tier 2 businesses
Staff is requesting a one-time, six-month temporary MOU to allow for the expenditure of $41,643.53 in remaining grant funds. These funds would be used to reimburse MVCC for eligible program expenses and to support the City’s completion of required food waste prevention outreach to local businesses, as outlined in the grant agreement. An outline of the proposed use of the remaining funds is provided in Table 1.

TABLE 1: REMAINING GRANT EXPENDITURES
Budget Category Amount Budgeted Activity
Education $ 1,878.33 Waste Prevention Training Consultant Services Equipment $ 900.16 Wagon for Satellite Distribution Site Indirect Costs $ 7,756.38 Grant Supervision - City Personnel, Office Printer Maintenance $ 1,729.23 Box Truck Preventative Maintenance and Fuel Personnel $ 29,379.43 MVCC Program Support Personnel and Driver $ 41,643.53 Total Remaining Grant Funds

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
Approval of the MOU will allow the Community Services department to expend the remaining $41,643.53 in grant funds prior to the program’s conclusion on October 1, 2025. The reimbursable Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 2

Menifee Mayor and City Council
May 7, 2025
Page
128 of 626

City of Menifee Staff Report
MOU with Menifee Valley Community Cupboard
May 7, 2025

Page 3 of 3 ends

2 6
8 1
expenses will be funded through the CalRecycle Edible Food Recovery Grant Program within the Grant Fund (2301-CSD-SWES-658164). Failure to complete the associated activities may result in the forfeiture of unspent funds.

ATTACHMENTS

1. 2025 MVCC Proposed MOU

2. 2023 MVCC MOU
Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 3

Menifee Mayor and City Council
May 7, 2025
Page
129 of 626

1 MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made effective on date of execution (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and MENIFEE V ALLEY COMMUNITY CUPBOARD, a food recovery agency (“MVCC”). City and MVCC may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
Section 1. Term and Termination
A. Term. The term of this MOU shall begin on execution date and shall end on October 1, 2025 unless the term of this MOU is otherwise terminated or extended as provided in this MOU.

B. Termination. Either Party may terminate this MOU upon ninety (90) days’ written notice to the other Party. Upon termination each Party shall deliver to the other Party all documents and materials, if any, prepared for that other Party up to the date of termination.

Section 2. Rights and Obligations of the Parties
A. Special Provisions. The Parties may agree to additional, supplementary, or modified terms and conditions to those contained in the body of this MOU which shall be set forth in Exhibit A attached hereto and incorporated herein by this reference. In the event of a conflict between Exhibit A and the body of this MOU, Exhibit A shall control.

B. Rights and Obligations. The rights and obligations of the Parties are set forth in Exhibit B attached hereto and incorporated herein by this reference. Each Party shall dedicate the time to performance of its obligations as may be reasonably necessary to perform such obligations to the standards observed by a competent practitioner in the geographic area where that Party is located, and to the reasonable satisfaction of the other Party.

C. Cooperation and Noninterference. The Parties shall use best efforts to cooperate to accomplish the purposes of this MOU. Neither Party shall unreasonably interfere with the other Party’s rights or obligations under this MOU. To the extent the rights and obligations hereunder involve performance of a specific or specialized activity or program, neither Party shall conduct competitive activities or programs at a time, in a location, or in a manner which may reasonably be expected to discourage participation in or otherwise detract from the activity or program conducted pursuant to the rights and obligations of the other Party.

D. Personnel. If the rights and obligations hereunder involve the provision of personnel from one Party to another Party, the providing Party shall reasonably cooperate with requests from the other Party to reassign or replace such personnel as the same may be requested in that Party’s discretion.

Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 4

Menifee Mayor and City Council
May 7, 2025
Page
130 of 626

2 E. Materials and Equipment. Except as otherwise stated in this MOU or in any exhibit hereto, each Party shall provide all materials, facilities, and equipment for that Party’s performance hereunder, at that Party’s sole cost and expense.

Unless otherwise stated, the rights of use or access granted pursuant to this MOU shall apply to the officers, employees, subcontractors, agents, and volunteers of the applicable Party provided that such persons shall be subject to the terms and conditions of this MOU.

If MVCC enters City property or meets in person with City employees during the performance of this MOU, MVCC shall comply with all applicable regulatory and City security and safety procedures, protocols, and practices. If C ity enters MVCC property or meets in person with MVCC employees during the performance of this MOU, City shall comply with all applicable security and safety procedures, protocols, and practices, if any, included in Exhibit B.

G. Compliance with Law. Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this MOU, including obtaining and maintaining any required approval or permit necessary therefor. Se ction 4 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicable law, including specifically Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law. Each P arty is independently responsible for reviewing and complying with all applicable laws, including but not limited to the payment or nonpayment of prevailing wages required under California law.

H. Documents and Records. Any plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, materials and other documents or works of authorship fixed in any tangible medium of expression (collectively “documents”), in el ectronic or any other form prepared by one Party for the other Party pursuant to this MOU shall be the property of the other Party upon termination or expiration of this MOU. These documents shall be subject to the reasonable acceptance of the receiving Party. Any documents prepared hereunder shall not be released to third parties unless mutually agreed by both Parties or required by law. Each Party shall maintain all documents prepared hereunder for the period required by law, or for three (3) years from t he Effective Date, whichever is longer. Any documents hereunder shall be made available for inspection, audit, or copying during regular business hours upon request of the other Party. This MOU creates a non- exclusive and perpetual license for the receivin g Party to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 5

Menifee Mayor and City Council
May 7, 2025
Page
131 of 626

3 property embodied in the documents provided hereunder. The providing Party shall require all subcontractors preparing documents under this MOU to agree to this provision in writing. The providing Party represents and warrants that it has the legal right to grant the license required by this Paragraph. These documents are not necessarily suitable for any future or other use, and such future or other use shall be without liability to the providing Party.

I. Contract Administrators. All matters under this MOU shall be handled for MVCC by Dawn Smith Executive Director (“MVCC Contract Administrator”), and for City by Jonathan Nicks, Community Services Director (“City Contract Administrator”.) Except as specified otherwise in this MOU, all correspondence shall be directed through the contract administrators established in this Paragraph, and neither Party shall take direction or orders for the performance of this MOU from any person other than such contract administrators.

Section 3. Independent Contractor Status
This MOU is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association.

Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party. Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any ma nner officers, officials, employees, or agents of the other Party or have the power to incur any debt, obligation, or liability whatever against the other Party, or bind the other Party in any manner. Except as otherwise expressly provided by this MOU, nei ther Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.

Section 4. Indemnification
Each Party shall indemnify, protect, defend (with counsel acceptable to the Indemnified Party), and hold harmless the other Party, 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 the indemnifying Party fails to provide a defense for the indemnified Party, the legal costs of counsel retained by the indemnified Party) and any judgment (collectively, “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 MOU by the indemnifying Party or by any individual or entity for which the Indemnifying Party is legally liable, including but not limited to officers, agents, employees or subcontractors of Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 6

Menifee Mayor and City Council
May 7, 2025
Page
132 of 626

4 the Indemnifying Party. The provisions of this Section do not apply to Claims occurring as a result of the indemnified Party’s gross negligence or willful acts or omissions. The costs of counsel referred to herein shall not exceed the hourly rate paid by the City for legal services multiplied by the reasonable number of hours spent.

Section 5. MVCC Insurance
Prior to performing any right or obligation under this MOU, MVCC, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section.

A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage, and personal injury coverage, and comprehensive automobile liability including owned, hired, and non- owned automobile cove rage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 in the aggregate. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the performance of this MOU, including the use of hired, owned, and non- owned automobiles. Comprehensive 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. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

B. Equipment and Property Insurance. Insurance on all equipment, property, and facilities, including fixtures, funded in whole or in part under this MOU to full replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user’s control, theft, fire, vandalism, malicious mischief, or natural catastrophe.

C. Workers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law. The limit of Employer’s Liability coverage shall be $1,000,000 per accident, $1,000,000 per disease per employee, and $1,000,000 disease per policy.

D. Quality of Insurance. 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.

E. Additional Insured. City, including its officers, employees, agents, and authorized volunteers, shall be named as an additional insured on the aforementioned insurance Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 7

Menifee Mayor and City Council
May 7, 2025
Page
133 of 626

5 policies of MVCC with respect to liability arising out of the MVCC’s performance of this MOU.

F. Proof of Insurance. MVCC shall furnish the City with certificates of insurance, additional insured endorsements, or policy language granting the additional insured status required hereunder and completed certified copies of all policies and endorsements. The certificate of insurance must specifically reference this MOU, and must contain the signature of the person authorized to bind coverage on behalf of the MVCC. The coverage shall contain no special limitations on the scope of protection afforded to the a dditional insured or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self -insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this MOU or completion of full performance hereunder, whichever is later. 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.

G. Notice of Changes. MVCC shall provide written notice to City within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced, or (3) the deductible or self -insured retention on any of the required insurance policies is increased.

H. Self-Insured Retentions and Deductible . MVCC shall obtain the written approval of City for self-insured retentions and deductibles for the insurance required herein. Changes to the same require the written consent of City, which may be conditioned on the procurement of a bond guaranteeing the payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each Party.

I. Subcontractors. If any subcontractor is performing the rights and obligations of MVCC hereunder, MVCC shall include such subcontractor as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor, subject to all of the requirements in this Section 5.

Section 6. City Insurance
City shall comply with the insurance obligations, if any, included in Exhibit B hereto.

Section 7. Variations to Insurance
Each Party may but is not required to approve in writing a variation to the insurance requirements in Sections 5 and 6 as -applied to the other Party upon a determination that the coverage, scope, Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 8

Menifee Mayor and City Council
May 7, 2025
Page
134 of 626

6 limits, and forms of insurance set forth above are either not commercially available or that the approving Party’s interests are otherwise fully protected.

Section 8. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt requested and addressed to the appropriate Party as follows:

To City: To MVCC:

City of Menifee, Community Services
29995 Evans Rd Menifee, CA 92586
Attn: Mariana Mitchell, Director
With a Copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Menifee Valley Community Cupboard
26808 Cherry Hills Blvd
Menifee, CA 92586
Attn: Dawn Smith, Executive Director

Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight delivery service. A Party may change its addressee by written notice to the other party at any time.

Section 9. Remedies and Breach

A. Cure Period. In the event of a default of the terms of this MOU by either Party, the non- defaulting Party shall give thirty (30) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default. The Parties may agree in writing to a longer or shorter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non defaulting Party may immediately terminate this MOU and seek any and all rights and remedies available at law or in equity.

B. Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 9

Menifee Mayor and City Council
May 7, 2025
Page
135 of 626

7 Section 10. Subcontract and Assignment

Neither Party may assign or subcontract any portion of this MOU without the prior written consent of the other Party. Any attempted assignment in violation of this Section shall be void.

Section 11. Survival

All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expiration or termination of this MOU.

Section 12. Time

Time is of the essence in this Agreement and for the performance of this MOU.

Section 13. Applicable Law and Venue

This MOU shall be interpreted and enforced under the laws of the State of California. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

Section 14. Attorneys’ Fees
If any legal action is commenced between the Parties to this MOU, each Party shall bear its own costs of suit, including attorneys’ fees.

Section 15. Severability
If any term, provision, covenant, or condition of this MOU shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this MOU shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this MOU.

Section 16. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

Section 17. Successors and Assigns
This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successor, and assigns.

Section 18. Captions
The captions, subtitles, and headings contained in this MOU are for convenience only and shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.

Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 10

Menifee Mayor and City Council
May 7, 2025
Page
136 of 626

8 Section 19. Entire Agreement, Amendment, and Construction

This MOU including the exhibits is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.

Section 20. Construction

The terms of this MOU 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 MOU or any other rule of construction which might otherwise apply.

Section 21. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference. Except for Section 2 A, references to this MOU shall include the exhibits.

Section 22. Amendments
This MOU may be amended only by written agreement and no purported oral amendment to this MOU shall be valid. The City Manager or his or her designee may execute and approve amendments to this MOU on behalf of the City which in the City Manager’s reasonable discretion do not substantially modify the terms and conditions of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.

Section 23. No Third-Party Beneficiaries
There are no intended third- party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.

Section 25. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by the first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this MOU.

Section 26. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party in connection with the award, terms or implementation of this MOU, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of either Party shall receive Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 11

Menifee Mayor and City Council
May 7, 2025
Page
137 of 626

9 compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.

Section 27. No Benefit to Arise to 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 MOU during his/her tenure or for one (1) year thereafter, shall have any interest, direc t or indirect, in any agreement or sub- agreement, or the proceeds thereof, for the rights and obligations performed hereunder. This Section shall apply to MVCC if MVCC is a public entity.

Section 28. Authority to Execute
The persons executing this MOU 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 MOU on behalf of said Party, (iii) by so executing this MOU, such Party is formally bound to the provisions of this MOU, and (iv) that entering into this MOU does not violate any provision of any other agreement to which said Party is bound.

Section 29. Counterparts
This MOU and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

IN WITNESS WHEREOF, the Parties have executed this MOU as the Effective Date.

CITY OF MENIFEE
_________________________________
City Manager
Attest:
________________________________
Acting City Clerk

Approved as to Form:
_________________________________
City Attorney
MVCC
____________________________________
John Greenberg, President

____________________________________
Mary Carnes, Secretary

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

Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 12

Menifee Mayor and City Council
May 7, 2025
Page
138 of 626

10 EXHIBIT A

SPECIAL PROVISIONS

The first Paragraph of Section 5 of this MOU is hereby amended to read as follows. The remainder of Section 5 remains in full force and effect:

“Where required by the City in its execution of grant activities, MVCC shall, at its sole cost and expense, obtain and maintain for the duration required, the MOU insurance required by this Section. The insurance required by this Section shall be obtained and/or maintained prior to performing any right or obligation under this MOU for which the City requires such insurance.”

Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 13

Menifee Mayor and City Council
May 7, 2025
Page
139 of 626

11 EXHIBIT B

RIGHTS AND OBLIGATIONS OF THE PARTIES

Menifee Valley Community Cupboard Responsibilities
• Adhere to all grantee requirements of the CalRecycle Edible Food Recovery Grant (referred to herein as “grant”)
• Provide monthly reporting detailing collection and donation including but not limited to donor information, pounds of food collected, pounds of food distributed, pounds of food not distributed. Where possible please indicate the food type being collected f rom the vendor.
• Keep accurate records of collection agreements, applicable staff time, and any other supporting documents needed to comply with reporting requirements of grant • Recruit, hire, and train driver and provide accurate payroll records as required for reimbursement on a biweekly or monthly basis
• Recruit, hire, train any additional staff required to carry out approved grant activities • Receive packaged donations as stated purpose for sink and prep space installation • Receive, operate, insure, and maintain refrigerated box truck and cargo van to operate expanded collection and distribution program upon receipt of vehicles and transfer of title • Establish and maintain satellite food distribution centers at Romoland and Quail Valley with:
• Each location offering food distribution to the community, at a minimum, once per month at set interval date. Example: 1st Tuesday of Each Month • Should designated sites become unavailable, MVCC has discretion to establish alternate site(s) within areas approved under the EFR Grant. • To encourage public participation in program, ID and Proof of residency will not be required for participation in distribution event
• Partner and participate in community outreach for donation programs and satellite distribution including but not limited to direct marketing and outreach to stakeholders via community partnerships, organizations, and outreach materials; participate in city directed outreach of grant programs such as webinars, social media, and filmed content • Timely furnish invoices and records required under the grant • Attend monthly project meetings with City
• Create helpful tips and/or best practices guide for food donors • Continue to offer free collection services for food donors

City Responsibilities
• Administer grant in accordance with grantee requirements and source equipment and services as indicated under grant tasks

Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 14

Menifee Mayor and City Council
May 7, 2025
Page
140 of 626

2905/031858-0001
18682156.2 a02/02/23

MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on February 1, 2023 (“Effective Date”) by and between the CITY OF MENIFEE , a California municipal corporation, (“City”) and Menifee Valley Community Cupboard , a food recovery agency (“MVCC”). City and MVCC may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
Section 1. Term and Termination
A. Term. The term of this MOU shall begin on execution date and shall end on April 01, 2025 unless the term of this MOU is otherwise terminated or extended as provided in this MOU.

Section 2. Rights and Obligations of the Parties
A. Special Provisions . The Parties may agree to additional, supplementary, or modified terms and conditions to those contained in the body of this MOU which shall be set forth in Exhibit A attached hereto and incorporated herein by this reference. In the event of a conflict between Exhibit A and the body of this MOU, Exhibit A shall control.

B. Rights and Obligations . The rights and obligations of the Parties are set forth in Exhibit B attached hereto and incorporated herein by this reference. Each Party shall dedicate the t ime to performance of its obligations as may be reasonably necessary to perform such obligations to the standards observed by a competent practitioner in the geographic area where that Party is located, and to the reasonable satisfaction of the other Party.

D. Personnel. If the rights and obligations hereunder involve the provision of personnel from one Party to another Party, the prov iding Party shall reasonably cooperate with requests from the other Party to reassign or replace such personnel as the same may be requested in that Party’s discretion.

DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 15

Menifee Mayor and City Council
May 7, 2025
Page
141 of 626

2905/031858-0001
18682156.2 a02/02/23 -2-

E. Materials and Equipment. Except as otherwise stated in this MOU or in any exhibit hereto, each Party shall provide all materials, facilities, and equipment for that Party’s performance hereunder, at that Party’s sole cost and expense.

F. Access to Facilities . Where the rights and obligations hereunder include one Party’s use of or entry into any facility, real property, or other building granted by the other Party such right of use or entry shall be subject to and conditioned on the terms of this MOU only. Unless otherwise stated, the rights of use or access granted pursuant to this MOU shall apply to the officers, employees, subcontractors, agents, and volunteers of the applicable Party provided that such persons shall be subject to the terms and conditions of this MOU. If MVCC enters City property or meets in person with City employees during the performance of this MOU, MVCC shall comply with all applicable regulatory and City security and safety procedures, protocols, and practices. If City enters MVCC property or meets in person with MVCC employees during the performance of this MOU, City shall comply with all applicable security and safety procedures, protocols, and practices, if any, included in Exhibit B.

G. Compliance with Law. Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this MOU, including obtaining and maintaining any required approval or permit necessary therefor. Section 4 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicable law, incl uding specifically Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law. Each Party is independently responsible for reviewing and complying with all applicable laws, including but not limited to the payme nt or nonpayment of prevailing wages required under California law.

H. Documents and Records. Any plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, materials and other documents or works of authorship fixed in any tangible medium of expression (collectively “documents”), in electronic or any other form prepared by one Party for the other Party pursuant to this MOU shall be the property of the other Party upon termination or expiration of this MOU. These doc uments shall be subject to the reasonable acceptance of the receiving Party. Any documents prepared hereunder shall not be released to third parties unless mutually agreed by both Parties or required by law. Each Party shall maintain all documents prepar ed hereunder for the period required by law, or for three (3) years from the Effective Date, whichever is longer. Any documents hereunder shall be made available for inspection, audit, or copying during regular business hours upon request of the other Par ty. This MOU creates a non-exclusive and perpetual license for the receiving Party to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the documents provided hereunder. The providing Party shall require all subcontractors preparing documents under this MOU to agree to this provision in writing. The providing Party represents and warrants that it has the legal right to grant the license required by this Paragraph. These documents are not necessarily suitable for any future or DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 16

Menifee Mayor and City Council
May 7, 2025
Page
142 of 626

2905/031858-0001
18682156.2 a02/02/23 -3-

other use, and such future or other use shall be without liability to the providing Party.

I. Contract Administrators. All matters under this MOU shall be handled for MVCC by Dawn Smith Execut ive Director (“MVCC Contract Administrator”), and for City by Jonathan Nicks, Community Services Director (“City Contract Administrator”.) Except as specified otherwise in this MOU, all correspondence shall be directed through the contract administrators established in this Paragraph, and neither Party shall take direction or orders for the performance of this MOU from any person other than such contract administrators.

Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party. Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the other Party or have the power to incur any debt, obligation, or liability whatever against the other Party , or bind the other Party in any manner . Except as otherwise expressly provided by this MOU, neithe r Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.

Section 4. Indemnification
Each Party shall indemnify, protect, defend (with counsel acceptable to the Indemnified Party ), and hold harmless the other Party, 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 the indemnifying Party fails to provide a defense for the indemnified Party, the legal costs of counsel retained by the indemnified Party) and any judgment (collectively, “C laims”), 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 MOU by the indemnifying Party or by any individual or entity for which the Indemnifying Party is legally liable, including but not limited to officers, agents, employees or subcontractors of the Indemnifying Party. The provisions of this Section do not apply to Claims occurring as a result of the indemnified Party’s gross negligence or willful acts or omissions. The costs of counsel referred to herein shall not exceed the hourly rate paid by the City for legal services multiplied by the reasonable number of hours spent.

DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 17

Menifee Mayor and City Council
May 7, 2025
Page
143 of 626

2905/031858-0001
18682156.2 a02/02/23 -4-

A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage, and personal injury coverage, and comprehensive automobile liability including owned, hired, and non -owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 in the aggregate. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the performance of this MOU, including the use of hired, owned, and non-owned automobiles. Comprehensive general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverag e 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. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

B. Equipment and Property Insurance. Insurance on all equipment , property, and facilities, including fixtures, funded in whole or in part under this MOU to full replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user’s control, theft, fire, vandalism, malicious mischief, or natural catastrophe.

C. Workers’ Compensation and Employer’s Liability . The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law. The limit of Employer’s Liability coverage shall be $1,000,000 per accident, $1,000,000 per disease per employee, and $1,000,000 disease per policy.

D. Quality of Insurance. 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.

E. Additional Insured. City, including its officers, employees, agents, and authorized volunteers, shall be named as an additional insured on the aforementioned insurance policies of MVCC with respect to liability arising out of the MVCC’s performance of this MOU.

Menifee Mayor and City Council
May 7, 2025
Page
144 of 626

2905/031858-0001
18682156.2 a02/02/23 -5-

of the MVCC. The coverage shall contain no special limitations on the scope of protection afforded to the additional insured or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self- insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this MOU or completion of full performance hereunder, whichever is later. 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.

G. Notice of Changes . MVCC shall provide written notice to City within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced , or (3) the deductible or self - insured retention on any of the required insurance policies is increased.

H. Self-Insured Retentions and Deductible. MVCC shall obtain the written approval of City for self-insured retentions and deductibles for the insurance required herein.

Changes to the same require the written consent of City, which may be conditioned on the procurement of a bond guaranteeing the payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each Party.

Section 6. City Insurance
City shall comply with the insurance obligations, if any, included in Exhibit B hereto.

Section 7. Variations to Insurance
Each Party may but is not required to approve in writing a variation to the insurance requirements in Sections 5 and 6 as -applied to the other Party upon a determination that the coverage, scope, limits, and forms of insurance set for th above are either not commercially available or that the approving Party’s interests are otherwise fully protected.

Section 8. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, o vernight courier, or first class or certified mail, return receipt requested and addressed to the appropriate Party as follows:

DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 19

Menifee Mayor and City Council
May 7, 2025
Page
145 of 626

2905/031858-0001
18682156.2 a02/02/23 -6-

To City: To MVCC:

City of Menifee, Community Services
29995 Evans Rd
Menifee, CA 92586
Attn: Jonathan Nicks, Director
With a Copy to:

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

Menifee Valley Community Cupboard
26808 Cherry Hills Blvd
Menifee, CA 92586
Attn: Dawn Smith, Executive Director
Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight delivery service. A Party may change its addressee by written notice to the other party at any time.

Section 9. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this MOU by either Party, the non-defaulting Party shall give thirty (30) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default.

The Parties may agree in writing to a longer or sho rter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non defaulting Party may immediately terminate this MOU and seek any and all rights and remedies available at law or in equity.

B. Rights and Remedies Cumulative . 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.

Section 10. Subcontract and Assignment
Neither Party may assign or subcontract any portion of this MOU without the prior written consent of the other Party. Any attempted assignment in violation of this Section shall be void.

Section 11. Survival
All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expir ation or termination of this MOU.

DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 20

Menifee Mayor and City Council
May 7, 2025
Page
146 of 626

2905/031858-0001
18682156.2 a02/02/23 -7-

Section 12. Time
Time is of the essence in this Agreement and for the performance of this MOU.

Section 13. Applicable Law and Venue
This MOU shall be interpreted and enforced under the laws of the State of California. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

Section 14. Attorneys’ Fees
If any legal action is commenced between the Parties to this MOU, each Party shall bear its own costs of suit, including attorneys’ fees.

Section 17. Successors and Assigns
This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successor, and assigns.

Section 19. Entire Agreement, Amendment, and Construction This MOU including the exhibits is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.

Section 20. Construction
The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either P arty by reason of the authorship of this MOU or any other rule of construction which might otherwise apply.

DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 21

Menifee Mayor and City Council
May 7, 2025
Page
147 of 626

2905/031858-0001
18682156.2 a02/02/23 -8-

Section 21. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference. Except for Section 2 A, references to this MOU shall include the exhibits.

Section 22. Amendments
This MOU may be amended only by written agree ment and no purported oral amendment to this MOU shall be valid. The City Manager or his or her designee may execute and approve amendments to this MOU on behalf of the City which in the City Manager’s reasonable discretion do not substantially modify the terms and conditions of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.

Section 23. No Third-Party Beneficiaries
There are no intended third -party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.

Section 24. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this MOU 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
Section 25. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by the first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this MOU.

Section 26. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party in connection with the award, terms or implementation of this MOU, including any method of coercion, confidential finan cial arrangement, or financial inducement. No officer or employee of either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.

Section 27. No Benefit to Arise to 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 MOU during his/her tenure or for one (1) year thereafter, shal l have any interest, direct or indirect, in any agreement or sub - DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 22

Menifee Mayor and City Council
May 7, 2025
Page
148 of 626

2905/031858-0001
18682156.2 a02/02/23 -9-

agreement, or the proceeds thereof, for the rights and obligations performed hereunder. This Section shall apply to MVCC if MVCC is a public entity.

IN WITNESS WHEREOF, the Parties have executed this MOU as the Effective Date.

CITY OF MENIFEE

City Manager

Attest:

Acting City Clerk

Approved as to Form:

City Attorney
MVCC

[John Greenberg, President]

[Bobbi Fisher, Secretary]

[Note: 2 officer’s signatures required if MVCC
is a corporation, unless provided with a
certificate of secretary in-lieu]
DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 February 1, 2023
February 1, 2023
February 1, 2023 February 1, 2023
February 1, 2023
Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 23

Menifee Mayor and City Council
May 7, 2025
Page
149 of 626

EXHIBIT A

SPECIAL PROVISIONS
The first Paragraph of Section 5 of this MOU is hereby amended to read as follows. The remainder of Section 5 remains in full force and effect:

DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 24

Menifee Mayor and City Council
May 7, 2025
Page
150 of 626

EXHIBIT B

RIGHTS AND OBLIGATIONS OF THE PARTIES
Menifee Valley Community Cupboard Responsibilities
 Adhere to all grantee requirements of the CalRecycle Edible Food Recovery Grant (referred to herein as “grant”)
 Provide monthly reporting detailing collection and donation including but not limited to donor information, pounds of food collected, pounds of food distributed, pounds of food not distr ibuted. Where possible please indicate the food type being collected from the vendor.
 Keep accurate records of collection agreements, applica ble staff time, and any other supporting documents needed to comply with reporting requirements of grant  Recruit, hire, and train driver and provide accurate payroll records as required for reimbursement on a biweekly or monthly basis
 Recruit, hire, train any additional staff required to carry out approved grant activities  Receive packaged donations as stated purpose for sink and prep space installation  Receive, operate, insure, and maintain refrigerated box truck and cargo van to operate expanded collection and distribution program upon receipt of vehicles and transfer of title  Establish and maintain satellite food distribution centers at Romoland and Quail Valley with:
o Each location offering food distribution to the community, at a minimum, once per month at set interval date. Example: 1st Tuesday of Each Month o Should designated sites become unavailable, MVCC has discretion to establish alternate site(s) within areas approved under the EFR Grant. o To encourage public participation in program, ID and Proof of residency will not be required for participation in distribution event
 Partner and participate in community outreach for donation programs and satellite distribution including but not limited to direct marketing and outreach to stakeholders via community partnerships, organizations, and outreach materials; participate in city directed outreach of grant programs such as webinars, social media, and filmed content  Timely furnish invoices and records required under the grant  Attend monthly project meetings with City
 Create helpful tips and/or best practices guide for food donors  Continue to offer free collection services for food donors DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 25

Menifee Mayor and City Council
May 7, 2025
Page
151 of 626

2905/031858-0001
18682156.2 a02/02/23 -2-

City Responsibilities
 Administer grant in accordance with grantee requirements and s ource equipment and services as indicated under grant tasks
DocuSign Envelope ID: 0CAEE0E9-700E-48FE-A8E6-E708617E4006 Item Title: 10.7
Memorandum of Understanding with Menifee Valley Community Cupboard for Edible Food Recovery Grant Item Page Number: 26

Menifee Mayor and City Council
May 7, 2025
Page
152 of 626

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Ames Construction, Inc. for Construction Services for the Bradley Road Bridge Over Salt Creek Project
MEETING DATE: May 7, 2025
TO: Mayor and City Council
PREPARED BY: Carlos E. Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Ames Construction, Inc. for construction services for the Bradley Road Bridge Over Salt Creek Project, Capital Improvement Program (CIP) Project No. 13-04, in a total not-to-exceed amount of $16,152,581.15; and

2. Authorize the City Manager to execute Amendment No. 1, in substantially the form provided in the attached Draft Amendment, to the Utility Agreement with Eastern Municipal Water District (EMWD) updating the total reimbursement costs in a total not-to-exceed amount of $2,921,200; and

3. Adopt a budget amendment resolution appropriating $2,921,200 of Capital Project Funds (Fund 4320) in revenues and expenditures.

DISCUSSION
The Bradley Road Bridge Over Salt Creek Project, CIP No. 13-04 (“Project”), would replace the existing low-flow crossing located on Bradley Road at Salt Creek with a 335 foot-long by 64-foot- wide all-weather bridge to accommodate the conveyance of 100-year flood flows. The Project also includes access ramps on either side of the bridge abutments, major drainage improvements, relocation of the existing Salt Creek Trail crossing, bridge lighting, and striping. The Project area includes the segment of Bradley Road from south of Rio Vista Drive and continues to just north of Potomac Drive.

On March 20, 2025, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of ten bid submissions, as summarized in Table 1.

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 1

Menifee Mayor and City Council
May 7, 2025
Page
153 of 626

City of Menifee Staff Report
CIP 13-04 Bradley Bridge Bid Award
May 7, 2025

Page 2 of 5 ends

2 6
6 2
TABLE 1 – BID RESULTS SUMMARY
Firm Name Total Bid Amount Lowest and
Responsible Bidder
Engineers Estimate $14,400,000.00
Myers & Sons Construction, LLC $16,147,489.25
Ames Construction, Inc. $16,152,581.15 X
Beador Construction Company, Inc. $16,460,300.00
Riverside Construction Company, Inc. $16,492,847.05
Ortiz Enterprises, Inc. $18,376,574.00
Griffith Company $18,540,400.00
Steve P. Rados, Inc. $19,005,943.00
Reyes Construction, Inc. $19,234,297.00
MCM Construction, Inc. $21,876,389.00
SEMA Construction, Inc. $22,321,872.01
Due to the Project receiving federal funding through the Community Project Funded Congressional Directed Spending (CPFCDS) Program, all proponents were required to submit specific Caltrans forms within five days of the bid opening deadline. Although Myers & Sons appeared to be the lowest bidder, they failed to submit the required forms by the specified deadline and were therefore deemed non-responsive.

Staff reviewed the second lowest bid and determined that Ames Construction, Inc. (“Contractor”) satisfies all requirements to be recommended as the lowest responsive and responsible bidder.

The Contractor submitted all required documentation and forms by the specified deadline. The total cost for construction services with the Contractor is $16,152,581.15.

Construction management and inspection services, including labor compliance and materials testing, were previously awarded by the City Council on November 1, 2023, to Accenture (formerly Anser Advisory) in an amount not to exceed $2,253,619.42.

The total estimated construction cost for the Project is $18,589,312.80. This estimate includes additional expenses such as external agency permitting and inspection fees, mandatory environmental mitigation payments, and other potential unforeseen costs during construction. The previously awarded Accenture construction management services agreement is not included in this construction cost estimate.

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

Construction Start: June 2025
Construction End: August 2026
City Council Acceptance: December 2026
The timeline above assumes no delays due to weather or unforeseen conditions.

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 2

Menifee Mayor and City Council
May 7, 2025
Page
154 of 626

City of Menifee Staff Report
CIP 13-04 Bradley Bridge Bid Award
May 7, 2025

Page 3 of 5 ends

2 6
6 2
Environmental Impact
Due to the Project receiving federal funds, the project had to prepare and clear the California Environmental Quality Act (CEQA) and the National Environmental Pollution Agency (NEPA).

Under CEQA, the project has been determined to be a Mitigated Negative Declaration (MND) and under NEPA, a Categorical Exclusion (CE).

The CEQA MND, SCH No: 2016121033, was filed on February 27, 2017, and has made the following determinations:

1. The project will not have a significant effect on the environment.

2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures were made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan was adopted for this project.

5. A statement of Overriding Considerations was not adopted for this project.

6. Findings were not made pursuant to the provisions of CEQA Since the time of adoption of the Final MND, information regarding associated or nearby improvements have been identified, including minor improvements within the approved project impact footprint under the purview of other public agencies. Therefore, as lead agency under the CEQA, the City prepared an Addendum to the Final MND on December 2021 in accordance with CEQA (California Public Resources Code, § 21000 et seq.) and implemented CEQA Guidelines (California Code of Regulations (CCR) Title 14, Chapter 3, § 15000 et seq.), addressing changes from what was previously assessed in the Final MND. Caltrans is the lead agency for NEPA in the State of California. Caltrans has certified that it has carried out the responsibility to make this determination pursuant to 23 U.S. Code § 326 and the Memorandum of Understanding dated April 18, 2022, executed between Federal Highway Administration (FHWA) and Caltrans. Caltrans has determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(26).

This determination was made on March 29, 2024.

EMWD Reimbursement and Utility Agreement
EMWD owns and maintains all water and sewer appurtenances in the Project area and is therefore responsible for the costs associated with the adjustment or relocation of these utilities.

It is typical for the identified water and sewer utilities to be adjusted or relocated by the City’s Contractor and later reimbursed by EMWD. In August 2024, a Utility Agreement was executed which identified the utility relocation efforts associated with the Project in the total amount of $2,028,000.00. Following the formal bidding process, the bid item costs associated with the utility relocation efforts came in higher than originally anticipated.

As a result, the Utility Agreement must now be amended to reflect the Contractor’s actual bid item costs, which would increase EMWD’s total reimbursable amount to $2,921,200.00. The terms for Amendment No. 1 are currently under review to ensure the City’s interests are protected. As a result, minor modifications to the language in the proposed Amendment may occur. Changes to the Amendment language would not impact the final reimbursable amount, which would remain for a total amount not-to-exceed $2,921,200.00. EMWD is aware of the increased costs associated with the relocation efforts and has agreed to amend the Utility Agreement accordingly.

The proposed Budget Amendment Resolution (BAR) would appropriate $2,921,200.00 within the Capital Projects Fund (Fund 4320) to the current fiscal year budget to reflect the reimbursable Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 3

Menifee Mayor and City Council
May 7, 2025
Page
155 of 626

City of Menifee Staff Report
CIP 13-04 Bradley Bridge Bid Award
May 7, 2025

Page 4 of 5 ends

2 6
6 2
costs supporting the construction phase of the Project, which EMWD would be responsible for reimbursing the City upon completion.

The amount of Amendment No. 1 to the EMWD Utility Agreement and the proposed Contract Services Agreement (“Contract”) exceed the City Manager’s signing authority. Pursuant to Menifee Municipal Codes §3.12.040 and §3.12.090, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council, and any amendment or change order in the amount greater than 10% of the original agreement amount, or that exceed the City Manager’s signing authority, shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of the approval of Amendment No. 1 to the Utility Agreement with EMWD is for the total amount not-to-exceed $2,921,200.00. The Council would adopt a BAR to appropriate corresponding revenues, which would be a reimbursement by EMWD upon completion (4320- 437710), and expenditures within the Capital Projects Fund (4320-PWD-CIPS-760000) to the current fiscal year Project budget in the amount of $2,921,200.00 as summarized in Table 2.

TABLE 2 – PROJECT APPROPRIATION
Fund Project Account String Revenue Budget Expenditure Budget Capital Projects CIP13-04.4320.CON.CAE $2,921,200.00 $2,921,200.00 TOTAL $2,921,200.00 $2,921,200.00
The fiscal impact of the proposed Contract with Ames Construction, Inc. is for a total amount not- to-exceed $16,152,581.15. The total anticipated fiscal impact for the construction phase of the Project, which would include additional costs such as external agency permitting and inspection fees, mandatory environmental mitigation payments, as well as other unforeseen costs that may arise during construction, is $18,589,312.80. Funding for the proposed Contract is available in the FY 2024/2025 budget within the General Fund, (1100-PWD-CIPS-760000), Quality of Life Fund (1105), Grant Fund (2301), Developer Impact Fee (DIF) 17 - Roads Fund (2509), DIF Citywide Circulation Fund (2526), DIF Citywide Storm Drain Fund (2527), and Capital Projects Fund (4320), as summarized in Table 3 on the following page.

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 4

Menifee Mayor and City Council
May 7, 2025
Page
156 of 626

City of Menifee Staff Report
CIP 13-04 Bradley Bridge Bid Award
May 7, 2025

Page 5 of 5 ends

2 6
6 2
TABLE 3 – PROJECT BUDGET
Fund Project String No. Available Budget Anticipated
Cost
General CIP13-04.1100.CON.CAE $752,003.53 $0.00
Quality of Life CIP13-04.1105.CON.CAE $1,422,756.68 $1,422,756.68 Grant CIP13-04.2301.CON.CAE $9,200,000.00 $9,200,000.00 DIF 17 – Roads CIP13-04.2509.CON.CAE $11,020.54 $11,020.54 DIF Circulation CIP13-04.2526.CON.CAE $1,712,098.05 $621,133.93 DIF Storm Drain CIP13-04.2527.CON.CAE $593,764.00 $0.00 Capital Projects CIP13-04.4320.CON.CAE $1,976,470.00 $1,976,470.00 Capital Projects
(EMWD Reimbursable) CIP13-04.4320.CON.CAE $2,921,200.00 $2,921,200.00 TOTAL $18,589,312.80 $16,152,581.15

ATTACHMENTS

1. Project Location Map

2. Contract

3. Utility Agreement - EMWD

4. Draft Amendment No. 1 to Utility Agreement - EMWD

5. Budget Amendment Resolution
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 5

Menifee Mayor and City Council
May 7, 2025
Page
157 of 626

Rio Vista Dr
Potomac Dr
V
i
a
N
a
r
a
v
i
l
l
a
Bradley Rd
Reading Rd
T
e
r
r
y
t
o
w
n
R
d
Pinckney Way
215
Haun Rd
S u n C
i t y
B l v d
C h e r r y
H i l l s
B l v d
P
e
b
b
l e
B
e
a
c h D r
La Piedra Rd
Murrieta Rd
A
n
t
e
l
o
p
e
R
d
B
r
a
d
l
e
y
R
d
Newport Rd
Project Site
0 0.03 0.05
Miles
Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\BradleyBridge\BradleyBridge\BradleyBridge.aprx Date: 4/6/2022 Bradley Bridge over Salt Creek (CIP 13-04)
Project Location Map
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 6

Menifee Mayor and City Council
May 7, 2025
Page
158 of 626

2671/031858-0001
22075578.1 a04/08/25 -0-

CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2025 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and AMES CONSTRUCTION, INC. a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

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

SECTION 1. SERVICES.

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

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit A, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on May 7, 2025. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 7

Menifee Mayor and City Council
May 7, 2025
Page
159 of 626

2671/031858-0001
22075578.1 a04/08/25 -1-
herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 8

Menifee Mayor and City Council
May 7, 2025
Page
160 of 626

2671/031858-0001
22075578.1 a04/08/25 -2-
and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

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

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

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 9

Menifee Mayor and City Council
May 7, 2025
Page
161 of 626

2671/031858-0001
22075578.1 a04/08/25 -3-
Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

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

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

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

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 10

Menifee Mayor and City Council
May 7, 2025
Page
162 of 626

2671/031858-0001
22075578.1 a04/08/25 -4-
SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed

SIXTEEN MILLION ONE HUNDRED FIFTY TWO THOUSAND FIVE HUNDRED EIGHTY ONE DOLLARS AND FIFTEEN CENTS ($16,152,581.15) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

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

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 11

Menifee Mayor and City Council
May 7, 2025
Page
163 of 626

2671/031858-0001
22075578.1 a04/08/25 -5-
Invoices shall be submitted to:

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

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

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 12

Menifee Mayor and City Council
May 7, 2025
Page
164 of 626

2671/031858-0001
22075578.1 a04/08/25 -6-
Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

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

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 13

Menifee Mayor and City Council
May 7, 2025
Page
165 of 626

2671/031858-0001
22075578.1 a04/08/25 -7-

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

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 14

Menifee Mayor and City Council
May 7, 2025
Page
166 of 626

2671/031858-0001
22075578.1 a04/08/25 -8-
insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.

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

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

Contractor Initial: _______

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 15

Menifee Mayor and City Council
May 7, 2025
Page
167 of 626

2671/031858-0001
22075578.1 a04/08/25 -9-
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 16

Menifee Mayor and City Council
May 7, 2025
Page
168 of 626

2671/031858-0001
22075578.1 a04/08/25 -10-
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

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

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 13- 04 BRADLEY ROAD BRIDGE OVER SALT CREEK . The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 17

Menifee Mayor and City Council
May 7, 2025
Page
169 of 626

2671/031858-0001
22075578.1 a04/08/25 -11-
the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 18

Menifee Mayor and City Council
May 7, 2025
Page
170 of 626

2671/031858-0001
22075578.1 a04/08/25 -12-
category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

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

SECTION 5. INDEMNIFICATION.

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

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 19

Menifee Mayor and City Council
May 7, 2025
Page
171 of 626

2671/031858-0001
22075578.1 a04/08/25 -13-
subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

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

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

SECTION 6. INDEPENDENT CONTRACTOR.

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

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

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

SECTION 7. LEGAL REQUIREMENTS.

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 20

Menifee Mayor and City Council
May 7, 2025
Page
172 of 626

2671/031858-0001
22075578.1 a04/08/25 -14-

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

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 21

Menifee Mayor and City Council
May 7, 2025
Page
173 of 626

2671/031858-0001
22075578.1 a04/08/25 -15-
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 22

Menifee Mayor and City Council
May 7, 2025
Page
174 of 626

2671/031858-0001
22075578.1 a04/08/25 -16-
provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

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

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

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

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in the Special Provisions, or if no amount is set Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 23

Menifee Mayor and City Council
May 7, 2025
Page
175 of 626

2671/031858-0001
22075578.1 a04/08/25 -17-
forth therein, the sum of FIVE HUNDRED DOLLARS ($500.00), for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 24

Menifee Mayor and City Council
May 7, 2025
Page
176 of 626

2671/031858-0001
22075578.1 a04/08/25 -18-
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

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

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

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

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 25

Menifee Mayor and City Council
May 7, 2025
Page
177 of 626

2671/031858-0001
22075578.1 a04/08/25 -19-
SECTION 9. KEEPING AND STATUS OF RECORDS.

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

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Notwithstanding the forgoing, Contractor is also responsible for complying with the provisions Special Provisions related to Documents and Materials.

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 the Documents and Materials.

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

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 26

Menifee Mayor and City Council
May 7, 2025
Page
178 of 626

2671/031858-0001
22075578.1 a04/08/25 -20-
Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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 Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 27

Menifee Mayor and City Council
May 7, 2025
Page
179 of 626

2671/031858-0001
22075578.1 a04/08/25 -21-
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

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

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

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

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

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

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 28

Menifee Mayor and City Council
May 7, 2025
Page
180 of 626

2671/031858-0001
22075578.1 a04/08/25 -22-
Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Carlos Geronimo, Engineering Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

Ames Construction, Inc
Attn: Jerome Ouimet, President & Chief Executive Officer 391 N. Main Street Suite 302
Corona, CA 92880
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, Engineering Manager
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 29

Menifee Mayor and City Council
May 7, 2025
Page
181 of 626

2671/031858-0001
22075578.1 a04/08/25 -23-
and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

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

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

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

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

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

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 30

Menifee Mayor and City Council
May 7, 2025
Page
182 of 626

2671/031858-0001
22075578.1 a04/08/25 -24-
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 31

Menifee Mayor and City Council
May 7, 2025
Page
183 of 626

2671/031858-0001
22075578.1 a04/08/25 -25-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Jerome Ouimet, President & Chief Executive
Officer

Thomas W. Bessel, Chief Financial Officer

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 32

Menifee Mayor and City Council
May 7, 2025
Page
184 of 626

2671/031858-0001
22075578.1 a04/08/25 -26-

EXHIBIT A

SPECIAL PROVISIONS
Appendix 2A, which contains required contract provisions for federal-aid construction contracts, is attached hereto and incorporated herein by this reference.

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 33

Menifee Mayor and City Council
May 7, 2025
Page
185 of 626

2671/031858-0001
22075578.1 a04/08/25 -27-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 34

Menifee Mayor and City Council
May 7, 2025
Page
186 of 626

2671/031858-0001
22075578.1 a04/08/25 -28-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 35

Menifee Mayor and City Council
May 7, 2025
Page
187 of 626

2671/031858-0001
22075578.1 a04/08/25 -29-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 36

Menifee Mayor and City Council
May 7, 2025
Page
188 of 626

2671/031858-0001
22075578.1 a04/08/25 -30-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 37

Menifee Mayor and City Council
May 7, 2025
Page
189 of 626

2671/031858-0001
22075578.1 a04/08/25 -31-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 38

Menifee Mayor and City Council
May 7, 2025
Page
190 of 626

2671/031858-0001
22075578.1 a04/08/25 -32-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 39

Menifee Mayor and City Council
May 7, 2025
Page
191 of 626

2671/031858-0001
22075578.1 a04/08/25 -33-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 40

Menifee Mayor and City Council
May 7, 2025
Page
192 of 626

2671/031858-0001
22075578.1 a04/08/25 -34-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 41

Menifee Mayor and City Council
May 7, 2025
Page
193 of 626

2671/031858-0001
22075578.1 a04/08/25 -35-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 42

Menifee Mayor and City Council
May 7, 2025
Page
194 of 626

2671/031858-0001
22075578.1 a04/08/25 -36-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 43

Menifee Mayor and City Council
May 7, 2025
Page
195 of 626

2671/031858-0001
22075578.1 a04/08/25 -37-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 44

Menifee Mayor and City Council
May 7, 2025
Page
196 of 626

2671/031858-0001
22075578.1 a04/08/25 -38-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 45

Menifee Mayor and City Council
May 7, 2025
Page
197 of 626

2671/031858-0001
22075578.1 a04/08/25 -39-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 46

Menifee Mayor and City Council
May 7, 2025
Page
198 of 626

2671/031858-0001
22075578.1 a04/08/25 -40-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 47

Menifee Mayor and City Council
May 7, 2025
Page
199 of 626

2671/031858-0001
22075578.1 a04/08/25 -41-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 48

Menifee Mayor and City Council
May 7, 2025
Page
200 of 626

2671/031858-0001
22075578.1 a04/08/25 -0-

EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed SIXTEEN MILLION ONE HUNDRED FIFTY

TWO THOUSAND FIVE HUNDRED EIGHTY ONE DOLLARS AND FIFTEEN CENTS ($16,152,581.15) further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

The numerical reference for the Bid Package or Request for Proposals is: NIB 2025-07.

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 49

Menifee Mayor and City Council
May 7, 2025
Page
201 of 626

2671/031858-0001
22075578.1 a04/08/25 -1-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 50

Menifee Mayor and City Council
May 7, 2025
Page
202 of 626

2671/031858-0001
22075578.1 a04/08/25 -2-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 51

Menifee Mayor and City Council
May 7, 2025
Page
203 of 626

2671/031858-0001
22075578.1 a04/08/25 -3-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 52

Menifee Mayor and City Council
May 7, 2025
Page
204 of 626

2671/031858-0001
22075578.1 a04/08/25 -4-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 53

Menifee Mayor and City Council
May 7, 2025
Page
205 of 626

2671/031858-0001
22075578.1 a04/08/25 -5-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 54

Menifee Mayor and City Council
May 7, 2025
Page
206 of 626

2671/031858-0001
22075578.1 a04/08/25 -6-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 55

Menifee Mayor and City Council
May 7, 2025
Page
207 of 626

2671/031858-0001
22075578.1 a04/08/25 -7-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 56

Menifee Mayor and City Council
May 7, 2025
Page
208 of 626

2671/031858-0001
22075578.1 a04/08/25 -8-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 57

Menifee Mayor and City Council
May 7, 2025
Page
209 of 626

2671/031858-0001
22075578.1 a04/08/25 -9-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 58

Menifee Mayor and City Council
May 7, 2025
Page
210 of 626

2671/031858-0001
22075578.1 a04/08/25 -10-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 59

Menifee Mayor and City Council
May 7, 2025
Page
211 of 626

2671/031858-0001
22075578.1 a04/08/25 -11-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 60

Menifee Mayor and City Council
May 7, 2025
Page
212 of 626

2671/031858-0001
22075578.1 a04/08/25 -12-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 61

Menifee Mayor and City Council
May 7, 2025
Page
213 of 626

2671/031858-0001
22075578.1 a04/08/25 -0-
Item Title: 10.8
Bid Award and Agreement with Ames Construction, Inc. for Construction Services for the Bradley Road Bridge Over Salt Creek Project Item Page Number: 62

Menifee Mayor and City Council
May 7, 2025
Page
214 of 626

2671/031858-0001
22075578.1 a04/08/25 -1-
Item Title: 10.8
Bid Award and Agreement with Ames Construction, Inc. for Construction Services for the Bradley Road Bridge Over Salt Creek Project Item Page Number: 63

Menifee Mayor and City Council
May 7, 2025
Page
215 of 626

2671/031858-0001
22075578.1 a04/08/25 -2-
Item Title: 10.8
Bid Award and Agreement with Ames Construction, Inc. for Construction Services for the Bradley Road Bridge Over Salt Creek Project Item Page Number: 64

Menifee Mayor and City Council
May 7, 2025
Page
216 of 626

2671/031858-0001
22075578.1 a04/08/25 -3-
Item Title: 10.8
Bid Award and Agreement with Ames Construction, Inc. for Construction Services for the Bradley Road Bridge Over Salt Creek Project Item Page Number: 65

Menifee Mayor and City Council
May 7, 2025
Page
217 of 626

2671/031858-0001
22075578.1 a04/08/25 -4-
Item Title: 10.8
Bid Award and Agreement with Ames Construction, Inc. for Construction Services for the Bradley Road Bridge Over Salt Creek Project Item Page Number: 66

Menifee Mayor and City Council
May 7, 2025
Page
218 of 626

2671/031858-0001
22075578.1 a04/08/25
-0-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 67

Menifee Mayor and City Council
May 7, 2025
Page
219 of 626

2671/031858-0001
22075578.1 a04/08/25 -1-
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 68

Menifee Mayor and City Council
May 7, 2025
Page
220 of 626

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 69

Menifee Mayor and City Council
May 7, 2025
Page
221 of 626

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 70

Menifee Mayor and City Council
May 7, 2025
Page
222 of 626

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 71

Menifee Mayor and City Council
May 7, 2025
Page
223 of 626

Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 72

Menifee Mayor and City Council
May 7, 2025
Page
224 of 626

AMENDMENT NO. 1 TO CITY OF MENIFEE UTILITY AGREEMENT BY AND BETWEEN THE

CITY OF MENIFEE AND EASTERN MUNICIPAL WATER DISTRICT
AMENDMENT NO. 1 TO CITY OF MENIFEE UTILITY AGREEMENT BY AND BETWEEN THE

CITY OF MENIFEE AND EASTERN MUNICIPAL WATER DISTRICT
This is Amendment No. 1 (“Amendment No.1”) to that certain CITY OF MENIFEE UTILITY AGREEMENT (“Agreement”) made on October 31, 2024 by and between the CITY OF MENIFEE (“LOCAL AGENCY”) and EASTERN MUNICIPAL WATER DISTRICT (“OWNER”), which this Amendment No. 1 is made and entered into on ________________________ to increase the estimated cost for the work consistent with the budget estimate attached hereto as Exhibit A and incorporated herein by this reference.

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

2. Section IV, “PAYMENT FOR WORK” of the Agreement is hereby amended to read in its entirety as follows:

OWNER shall pay its share of the actual cost of said work included in LOCAL AGENCY’s highway construction contract within 90 days after receipt of LOCAL AGENCY’s bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the LOCAL AGENCY’s highway contractor is $X as further described on Exhibit A attached hereto and incorporated herein by this reference.

In the event the final relocation costs as established in Exhibit A are less than the sum of money advanced by OWNER to LOCAL AGENCY, LOCAL AGENCY hereby agrees to refund OWNER the difference between said actual cost and the sum of money so advanced. In the event that the actual costs of the relocation exceed the amount of money advanced by OWNER to LOCAL AGENCY, in accordance with the provisions of this agreement, OWNER hereby agrees to reimburse LOCAL AGENCY said deficient costs upon receipt of an itemized bill as set forth herein.

3. Exhibit A attached hereto is hereby added as Exhibit A to the Agreement.

4. OWNER acknowledges that its Board of Directors approved an estimated amount of for the work pursuant to the Agreement plus in annual expenses. OWNER represents and warrants that the Board of Directors’ authorization is sufficient to encompass the additional costs provided in Exhibit A.

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

6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 73

Menifee Mayor and City Council
May 7, 2025
Page
225 of 626

AMENDMENT NO. 1 TO CITY OF MENIFEE UTILITY AGREEMENT BY AND BETWEEN THE

CITY OF MENIFEE AND EASTERN MUNICIPAL WATER DISTRICT
5 0
5 7
1 LOCAL AGENCY (City of Menifee)
By: ___________________________
Armando G. Villa
City Manager
Date: __________________________
Attest:

By: ___________________________
Stephanie Roseen
City Clerk
Date: __________________________
Approved as to Form:

By: ___________________________
Jeffrey T. Melching
City Attorney
Date: __________________________

OWNER (EMWD)
By: ___________________________
Joe Mouawad
General Manager
Date: __________________________
Attest:

By: ___________________________
Sheila Zelaya
Board Secretary
Date: __________________________
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 74

Menifee Mayor and City Council
May 7, 2025
Page
226 of 626

EXHIBIT A

EXHIBIT A
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 75

Menifee Mayor and City Council
May 7, 2025
Page
227 of 626

RESOLUTION NO. 25-____

AMENDMENTS TO ADOPTED BUDGET:

Capital Projects Fund 4320 Adopted FY 2024/25 Revenue Budget: $258,679.00

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments
4320-00-XNC-XNCL-
000-00000-438000- 52,533.00
February 19, 2025
CIP 25-13 Ethanac Road/Antelope
Road/Highway 74 Intersection
Realignment Project
4320-00-XNC-XNCL-
000-00000-439000- 275,000.00
May 7, 2025
CIP 13-04 Bradley Road Bridge
Over Salt Creek Project
4320-00-XNC-XNCL-
000-00000-437710- 2,921,200.00
TOTAL: $3,248,733.00
Amended Capital Projects Fund 4320 FY 2024/25 Revenue Budget: $3,507,412.00 Capital Projects Fund 4320 Adopted FY 2024/25 Expenditure Budget: $258,679.00

2. Record Appropriation(s):

Amended Capital Projects Fund 4320 FY 2024/25 Expenditure Budget: $6,412,902.00

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2024 FY 2023/2024 Carryovers Various 2,958,023.00 February 19, 2025
CIP 25-13 Ethanac Road/Antelope
Road/Highway 74 Intersection
Realignment Project
4320-55-PWD-CIPS-
000-00000-760000- 275,000.00
May 7, 2025
CIP 13-04 Bradley Road Bridge
Over Salt Creek Project
4320-55-PWD-CIPS-
000-00000-760000- 2,921,200.00
TOTAL: $6,154,223.00
Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 76

Menifee Mayor and City Council
May 7, 2025
Page
228 of 626

Amending the Fiscal Year 2024/25 Capital Projects Fund Budget CIP 13-04 Bradley Road Bridge Over Salt Creek Project
2 5
0 5
0 6

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Capital Projects Fund 4320 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

CIP 13-04 Bradley Road Bridge Over Salt Creek Project $2,921,200.00 Amended Capital Projects Fund 4320 FY2024/25 Budget $3,507,412.00

Expenditures:

CIP 13-04 Bradley Road Bridge Over Salt Creek Project $2,921,200.00 Amended Capital Projects Fund 4320 FY2024/25 Budget $6,412,902.00 PASSED, APPROVED AND ADOPTED this 7th day of May, 2025. _____________________________
Ricky Estrada, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.8
Bid

Award

and

Agreement

with

Ames

Construction,

Inc.

for

Construction

Services

for

the

Bradley

Road

Bridge

Over

Salt
Creek Project
Item Page Number: 77

Menifee Mayor and City Council
May 7, 2025
Page
229 of 626

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Integrated Demolition and Remediation, Inc. for Abatement Services for the Cherry Hills Facility Improvements Project
MEETING DATE: May 7, 2025
TO: Mayor and City Council
PREPARED BY: Michael To, Project Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Integrated Demolition and Remediation, Inc. for abatement services for the Cherry Hills Facility Improvements – Phase I Project, Capital Improvement Program (CIP) Project No. 23- 13, in a total not-to-exceed amount of $172,300.

DISCUSSION
The Cherry Hills Facility – Phase I Project, CIP Project No. 23-13 (“Project”) is located at 26800 Cherry Hills Boulevard in the City of Menifee. The existing building was built in 1965 and is approximately 9,800 square feet and operated as the Bank of America for the Sun City community. The City purchased the facility in April 2023 with the intention of providing additional space for the expanding Police Department, which currently operates out of a leased satellite office located in the Cherry Hills Plaza.

The first phase of the Project would include the abatement of existing asbestos throughout the building and remodeling of approximately 2,500 square feet of the existing facility to accommodate Police Department staff. Additionally, the Project would construct a new partition wall, reconstruct the public lobby, restrooms, kitchen area, office areas/workstations for 20 officers, upgrade security systems, windows, access doors, existing plumbing, electrical, heating, ventilation, and air conditioning (HVAC) systems. The existing parking lot would be retrofitted, and all walkways would be upgraded to comply with current Americans with Disabilities Act standards. The proposed improvements would allow the facility to house assigned police personnel and would provide additional space for future City Hall staff, as needed. The Project would meet the City’s Strategic Plan Goal to enhance public safety.

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 1

Menifee Mayor and City Council
May 7, 2025
Page
230 of 626

City of Menifee Staff Report
CIP 20-13 Asbestos Abatement Bid Award
May 7, 2025

Page 2 of 3 ends

2 6
5 1
On July 9, 2024, the City Manager administratively approved a Professional Services Agreement (PSA) with Cardinal Environmental Consultants, Inc. (“Consultant”) for hazmat management services. Under the PSA, the Consultant was to identify and provide a comprehensive technical report of existing hazardous material throughout the Project area. The report was completed on November 27, 2024, and reflected multiple areas of the facility which contained asbestos and lead. Asbestos abatement must be completed as a requirement preceding the design and construction of a tenant improvement project. The abatement would include the full asbestos abatement and disposal of hazardous containing materials including the removal of all interior finishes necessary to facilitate the asbestos removal process including cabinetry, ceiling tiles and grid system, plumbing, and ducting. The removal of all toilets, cabinetry, and water faucets would be required to facilitate the removal of drywall, as well as any additional hazardous material as detailed within the report. The water would be temporarily disconnected prior to performing demolition, and all doors, door frames, ceramic flooring, and interior walls would remain in place.

On February 18, 2025, an electronic bid opening was held following the administration of a formal competitive bid process for abatement services for the Project. The bid opening resulted in the receipt of five bid submissions, as summarized in Table 1.

TABLE 1 – BID RESULTS SUMMARY
Firm Name Total Base Bid
Amount
Lowest and
Responsible
Bidder
Consultant / Engineers Estimate $200,000. 00
Danny Ryan Precision Contracting, Inc. $ 144,450. 00 non-responsive Unlimited Environmental, Inc. $ 158,000. 00 non-responsive Integrated Demolition and Remediation Inc. $ 172,300. 00 X R&R B Inc DBA Servpro of Chino/Chino Hills $ 235,000. 00 T3 contractors Corp $ 369,327. 00
The two lowest bidders, Danny Ryan Precision Contracting, Inc. and Unlimited Environmental, Inc., failed to provide the required bid documents before the date identified in the bid package and were therefore determined to be non-responsive bids Staff reviewed the lowest responsive bid and determined that Integrated Demolition and Remediation, Inc. (“Contractor”) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with the Contractor is $172,300. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing, would be procured separately.

The total estimated construction cost is $199,500 which would include construction services, ancillary services such as labor compliance, as well as other unforeseen costs that may arise during construction.

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 2

Menifee Mayor and City Council
May 7, 2025
Page
231 of 626

City of Menifee Staff Report
CIP 20-13 Asbestos Abatement Bid Award
May 7, 2025

Page 3 of 3 ends

2 6
5 1
If approved by the City Council, the tentative Project schedule would be as follows:

Construction Start: May 2025
Construction End: July 2025
City Council Acceptance: August 2025
The timeline above assumes no delays due to weather and/or unforeseen conditions.

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

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed Contract with Integrated Demolition and Remediation, Inc., is in a total amount not-to-exceed $172,300. Funding for the Contract is available in the current Fiscal Year (FY) 2024/2025 budget within the Quality-of-Life Fund (1105-PWD-CIPS-760050), as summarized in Table 2.

TABLE 2 – PROJECT BUDGET
Fund Project String No. Available Budget Anticipated Cost Quality-of-Life CIP23-13.1105.CON.CAE $1,375,000 $172,300 TOTAL $1,375,000 $172,300
No additional budget appropriation action is required.

ATTACHMENTS

1. Project Location Map

2. Contract
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 3

Menifee Mayor and City Council
May 7, 2025
Page
232 of 626

Jones
Ct
S
u
n
C
i
t
y
B
l
v
d
Cherry Hills Blvd
PERRIS
215
G
o
e
t
z
R
d
M
c C a l l B l v d
Haun Rd
Newport Rd
C h
e
r r y H i l l s
B l v d
P
e
b
b
l
e
B
e
a
c
h D r
N o r m a n d y R d
Murrieta Rd
A
n
t
e
l
o
p
e
R
d
B
r
a
d
l
e
y
R
d
S
u
n
C
i
t
y
B
l
v
d
Project Site
0 0.01 0.03
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CherryHills_FacilityImprovements\CherryHills_FacilityImprovements.aprx Date: 3/18/2024 Cherry Hills Facility Improvements - Phase 1
(CIP 23-13)
Project Location Map
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 4

Menifee Mayor and City Council
May 7, 2025
Page
233 of 626

-1-

CONTRACT SERVICES AGREEMENT
CIP 23-13 CHERRY HILLS IMPROVEMENTS FOR ASBESTOS ABATEMENT THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2025 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and INTEGRATED DEMOLITION AND REMEDIATION, INC, a California S Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

SECTION 1. SERVICES.

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit B, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on May 7, 2025, Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 5

Menifee Mayor and City Council
May 7, 2025
Page
234 of 626

-2-
herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement.

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 6

Menifee Mayor and City Council
May 7, 2025
Page
235 of 626

-3-
All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand. e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 7

Menifee Mayor and City Council
May 7, 2025
Page
236 of 626

-4-
unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement.

In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 8

Menifee Mayor and City Council
May 7, 2025
Page
237 of 626

-5-
and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed

ONE HUNDRED SEVENTY TWO THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($172,300.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section

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

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
invoice, etc.;
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 9

Menifee Mayor and City Council
May 7, 2025
Page
238 of 626

-6-
f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

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

Also at Contractor’s expense, Contractor may direct investment of the payments into Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 10

Menifee Mayor and City Council
May 7, 2025
Page
239 of 626

-7-
securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Contractor shall
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 11

Menifee Mayor and City Council
May 7, 2025
Page
240 of 626

-8-
not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 12

Menifee Mayor and City Council
May 7, 2025
Page
241 of 626

-9-
insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.

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

Contractor Initial:

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 13

Menifee Mayor and City Council
May 7, 2025
Page
242 of 626

-10-

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent).

No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 14

Menifee Mayor and City Council
May 7, 2025
Page
243 of 626

-11-
additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 23- 13 CHERRY HILLS IMPROVEMENTS FOR ASBESTOS ABATEMENT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 15

Menifee Mayor and City Council
May 7, 2025
Page
244 of 626

-12-
Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

All coverages for subcontractors shall be subject to all of the requirements stated herein. f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 16

Menifee Mayor and City Council
May 7, 2025
Page
245 of 626

-13-
and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

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

SECTION 5. INDEMNIFICATION.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 17

Menifee Mayor and City Council
May 7, 2025
Page
246 of 626

-14-
defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 18

Menifee Mayor and City Council
May 7, 2025
Page
247 of 626

-15-
SECTION 7. LEGAL REQUIREMENTS.

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

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non- payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 19

Menifee Mayor and City Council
May 7, 2025
Page
248 of 626

-16-
Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 20

Menifee Mayor and City Council
May 7, 2025
Page
249 of 626

-17-
California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 21

Menifee Mayor and City Council
May 7, 2025
Page
250 of 626

-18-
event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in the Special Provisions, or if no amount is set forth therein, the sum of FIVE HUNDRED DOLLARS ($500.00), for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

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

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 22

Menifee Mayor and City Council
May 7, 2025
Page
251 of 626

-19-

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

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 23

Menifee Mayor and City Council
May 7, 2025
Page
252 of 626

-20-
SECTION 9. KEEPING AND STATUS OF RECORDS.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 24

Menifee Mayor and City Council
May 7, 2025
Page
253 of 626

-21-
City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 25

Menifee Mayor and City Council
May 7, 2025
Page
254 of 626

-22-
shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.6 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.

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 26

Menifee Mayor and City Council
May 7, 2025
Page
255 of 626

-23-
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

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

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

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

Integrated Demolition and Remediation Inc
Attn: Shrenik Vora, President
421 E. Cerritos Ave.

Anaheim, CA 92805
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michael To, Project Manager
with a copy to:

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 27

Menifee Mayor and City Council
May 7, 2025
Page
256 of 626

-24-
notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

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

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

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

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

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 28

Menifee Mayor and City Council
May 7, 2025
Page
257 of 626

-25-
confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 29

Menifee Mayor and City Council
May 7, 2025
Page
258 of 626

-26-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Shrenik Vora, President

Siddharth Vora, Secretary
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 30

Menifee Mayor and City Council
May 7, 2025
Page
259 of 626

EXHIBIT A

SPECIAL REQUIREMENTS

INTENTIONALLY OMITTED
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 31

Menifee Mayor and City Council
May 7, 2025
Page
260 of 626

EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 23-13 CHERRY HILLS IMPROVEMENTS FOR ASBESTOS ABATEMENT services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed ONE HUNDRED

SEVENTY TWO THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($172,300.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

The numerical reference for the Bid Package or Request for Proposals is: NIB 2025-05 .

Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 32

Menifee Mayor and City Council
May 7, 2025
Page
261 of 626

EXHIBIT B
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 33

Menifee Mayor and City Council
May 7, 2025
Page
262 of 626

EXHIBIT B
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 34

Menifee Mayor and City Council
May 7, 2025
Page
263 of 626

EXHIBIT B
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 35

Menifee Mayor and City Council
May 7, 2025
Page
264 of 626

EXHIBIT B
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 36

Menifee Mayor and City Council
May 7, 2025
Page
265 of 626

EXHIBIT B
Item Title: 10.9
Bid

Award

and

Agreement

with

Integrated

Demolition

and

Remediation,

Inc.

for

Abatement

Services

for

the

Cherry

Hills
Facility Improvements Project
Item Page Number: 37

Menifee Mayor and City Council
May 7, 2025
Page
266 of 626

CITY OF MENIFEE
SUBJECT: Bid Award and Agreements with Dana Safety Supply, West Coast Lights & Sirens, and American Emergency Products
(AEP) for Police Vehicle Upfitting Services
MEETING DATE: May 7, 2025
TO: Mayor and City Council
PREPARED BY: Denise Keith, Lieutenant
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award a bid and authorize the City Manager to execute a General Services Agreement with Dana Safety Supply, West Coast Lights & Sirens, and American Emergency Products (AEP) for On-Call Police Vehicle Upfitting Services in a total not-to-exceed amount of $500,000 through June 30, 2029, which includes an initial not-to-exceed amount of $300,000 through June 30, 2027, and up to two $100,000 one-year optional renewals; and

2. Authorize the Finance Department to issue individual purchase orders against the agreements.

DISCUSSION
The Menifee Police Department maintains a growing fleet of law enforcement and support vehicles that require specialized upfitting services. These include the installation of emergency and safety equipment for patrol vehicles, undercover units, administrative vehicles, code enforcement vehicles, and other departmental fleet assets. The upfitting work includes installation of light bars, radios, sirens, prisoner partitions, custom consoles, and other components that ensure each vehicle is operationally ready for field use.

To meet the City’s growing public safety demands and ensure the timely delivery of properly outfitted police vehicles, the Police Department initiated the process of establishing a pool of pre- qualified vendors. These vendors would be selected based on their availability, responsiveness, pricing, and ability to meet the scope of each project. The objective is to build long-term partnerships with experienced firms capable of providing reliable and cost-effective vehicle upfitting services.

Item Title: 10.10
Bid

Award

and

Agreements

with

Dana

Safety

Supply,

West

Coast

Lights

Sirens,

and

American

Emergency

Products
(AEP) for Police Vehicle Upfitting Services
Item Page Number: 1

Menifee Mayor and City Council
May 7, 2025
Page
267 of 626

City of Menifee Staff Report
MPD Vehicle Upfitting
May 7, 2025

Page 2 of 4 ends

Menifee City CouncilMay 7, 2025

Menifee City Council
May 7, 2025