2 7
7 7
FISCAL IMPACT
The construction contract change orders summarized in the attachment were funded through existing and previously approved respective project budgets within FY 2024/2025. There is no additional fiscal impact associated with the recommended action.
ATTACHMENTS
1. Change Order Report
Item Title: 10.5
Capital Improvement Program Construction Contract Change Order Quarterly Activity Report Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
295 of 731
CONTRACTOR PROJECT NO. PROJECT NAME CHANGE
ORDER NO. DATE ORGINAL CONTRACT
AMOUNT
PO STARTING
BALANCE
CHANGE
AMOUNT PO ENDING BALANCE DESCRIPTION OF CHANGE
Optima RPM CIP 19-15 Central Park Amphitheater 4 2/7/2025 * $5,133,426.31 $5,167,922.07 $3,248.00 $5,171,170.07 Additional excavation and grading for electrical pullbox.
Optima RPM CIP 19-15 Central Park Amphitheater 3 4/5/2025 $5,133,426.31 $5,167,922.07 $0.00 $5,167,922.07 Time extension only due to long lead times for project materials.
Optima RPM CIP 19-15 Central Park Amphitheater 5 4/5/2025 $5,133,426.31 $5,171,170.07 $77,677.13 $5,248,847.20 Furnish and install acoustic louvers.
Optima RPM CIP 19-15 Central Park Amphitheater 6 4/5/2025 $5,133,426.31 $5,248,847.20 $142,951.91 $5,391,799.11 Furnish and install fire sprinkler system.
Act 1 Construction CIP 21-04 New Quail Valley Fire Station No. 5 10 5/14/2025 $8,626,796.57 $8,854,798.73 $52,629.67 $8,907,428.40 Additional quantities exceeding original scope including replacing vehicle exhaust, temporary emergency lighting, extending utility vents through upper roof, additional conduit for the traffic signal, adding locker doors, bathroom fixtures, water backflow cages, and fence pickets.
Onyx Paving Company, Inc. CIP 24-02 McCall Blvd/Sun City Blvd Westbound Turn Pocket Extension 1 5/28/2025 $123,000.00 $123,000.00 $3,550.00 $126,550.00 Additional excavation, asphalt concrete, overlay which exceeded bid quantities. Removed installation of traffic rated power box from bid item list as it was not required.
COPP Contracting, Inc. CIP 24-21 Menifee Rd Resurfacing - Aldergate to McCall 2 6/10/2025 $1,430,470.92 $1,444,508.30 $281,061.96 $1,725,570.26 Overhead with time & materials charges resulting from the Southern California Gas Company shutdown. Revision to leveling course material resulting from time delay due to SCG shutdown.
Total CCOs This Period: 7 $30,713,972.73 $31,178,168.44 $561,118.67 $31,739,287.11 Capital Improvement Program Division of Public Works
FY 2024/25 Fourth Quarter Contract Change Order Activity Report April - June 2025
The cumulative total for all contract change orders approved in the fourth quarter of FY 24/25 is $561,118.67, which represents an increase of approximately 1.83% to the cumulative total of original contract amounts. * Approved in third quarter, but included in this report as it was erroneously omitted from the last update.
Item Title: 10.5
Capital Improvement Program Construction Contract Change Order Quarterly Activity Report Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
296 of 731
CITY OF MENIFEE
SUBJECT: Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2024/2025
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst II
REVIEWED BY: Orlando Hernandez, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Receive and file the fourth quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2024/2025.
DISCUSSION
At the City Council meeting held on June 21, 2023, Council adopted Resolution No. 23-1341 to adopt the annual budget for Fiscal Year (FY) 2024/2025, which included budget appropriations of $2,000,000 in expenditures and revenues, specific to the environmental consulting services for privately funded development projects as part of the California Environmental Quality Act (CEQA) process. Additionally, per Resolution No. 21-1073, the City Manager is authorized to execute all professional service agreements with approved environmental firms to CEQA consulting services.
At the initial part of each individual project, a professional services agreement and developer reimbursement agreement is executed defining the scope of work, compensation amount, and required deposit payments from the developer.
It is important to note that all agreement costs for environmental consulting services related to private development are paid for through developer deposits, and that no agreements will be executed prior to receiving the appropriate deposit from the applicant.
A summary of the CEQA contracts that have been executed to date are attached to this report as previously requested by the City Council. A total of 22 contracts were executed in FY 2024/2025, for a cumulative value of $1,644,631.50.
Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2024/2025 Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
297 of 731
City of Menifee Staff Report
FY 2024/2025 CEQA Contracts Update
August 20, 2025
2 8
0 4
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no additional fiscal impact associated with the recommended action. The approved budget is available within the General Fund for the CEQA revenues (1100-434250) and expenditures within the Planning Division (1100-CDD-PLNG-652846). The CEQA developer deposits are collected and held by the City until environmental consulting services related to private development are performed, at which time they are paid through these deposit funds.
ATTACHMENTS
1. FY 2024/2025 Project List and Map
Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2024/2025 Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
298 of 731
Quarter 4 Update for FY 2024-2025
MAP
NUMBER PROJECT NAME
PROJECT
DESCRIPTION PROJECT TYPE CONSULTANT
FISCAL YEAR
TOTAL
CONTRACT
TOTAL
PROJECT
STATUS
199 Cypress Sands 124 townhomes IS/MND contract
amendment
Rincon
Consultants, Inc $65,441 $138,513* In Review
210 Northern Gateway
Logistics Center 2 warehouses EIR contract
amendment
Kimley-Horn &
Associates, Inc $15,960 $395,724* In Review
217 Ethanac Business
Center Warehouse IS/MND contract
amendment
Kimley-Horna &
Associates, Inc $20,300 $202,800* Complete
216 Fitwell Health Health Complex IS/MND Michael Baker International $181,510 $181,510 In Review
229 Kaiser Permanente Medical Office Infill Exemption Michael Baker International $86,865 $86,865 Complete
193 Menifee Commerce
Center Warehouse CRMP/PRIMP Kimley-Horn &
Associates, Inc $3,130 $3,130 Complete
230 Caliber Collision Auto repair shop IS/MND LSA Associates, Inc $49,610.50 $49,610.50 Complete
198 Trumble & Watson
Industrial Warehouse MND +
amendment
Rincon
Consultants, Inc $177,247 $177,247 In Review
231 The View Church Church expansion Exemption Kimley-Horn & Associates, Inc $29,000 $29,000 Complete
225 Pemcor Business
Park
11 Comm/Ind
buildings EIR MIG, Inc $237,084 $237,084 In Review
1 Capstone Industrial Warehouse CEQA Appeals Kimley-Horn & Associates, Inc $47,800 $47,800 Complete
196 ARES warehouse Warehouse EIR amendment EPD Solutions, Inc $21,900 $378,568* In Review 201 Double Butte Utility-Scale BESS IS/MND contract
amendment Dudek $18,500 $105,245* In Review
211 Garbani North TTM
38683
40 residential
units
IS/MND contract
amendment Ascent $4,230 $75,680* Complete
55 Liberty Center Mixed-use IS Dudek $101,220 $101,220 In Review 224 Bella Estates TTM
38592 13 SFR units IS/MND Chambers Group $38,240 $38,240 In Review 233 Towneplace Suites 117 room hotel EIR Addendum MIG, Inc $43,740 $43,740 In Review Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2024/2025 Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
299 of 731
245 Heritage Valley
Business Center Warehouse EIR Kimley-Horn &
Associates, Inc $382,170 $382,170 In Review
238 Santa Rosa Academy
Expansion Classroom building EIR Addendum Chambers Group $64,790 $64,790 In Review 232 Menifee 27 TTM
39115 192 SFR units Exemption EPD Solutions, Inc $99,795 $99,795 In Review 228 Menifee Boardwalk Mixed-use (5
bldgs) IS/MND EcoTierra
Consulting $79,805 $79,805 In Review
239 Boulders II 240 MFR units IS/MND Rincon
Consultants, Inc $103,478 $103,478 In Review
Total: $1,644,631.50
*Denotes contract totals with funds rolled from previous fiscal years.
Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2024/2025 Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
300 of 731
L
i
n
d
e
n
b
e
r
g
e
r
R
d
Ethanac Rd
H o l l a n d R d
G
o
e
t
z
R
d
S u n C i t y B l v d
L
e
o
n
R
d
B u n d y C a n y o n R d
Scott Rd
Matthews 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
Mapes Rd
L a P i e d r a R d
D o m
e
n
i
g
o
n
i
P
k
w
y
O l d N e w p o r t R d
M
e
n
i
f
e
e
R
d
Normandy Rd
M
u
r
r
i
e
t
a
R
d
A
n
t
e
l
o
p
e
R
d
B
r
a
d
l e
y
R
d
M c C a l l B l v d
S i m p s o n R d
Garbani Rd
Briggs Rd
H
a
u
n
R
d
Newport Rd
Railroad
Canyon Rd
215
!(
1 !(
55 !(
151
!(
196
!(
198
!(
199
!(
201
!(
210
!(
211
!(
216
!(
217
!(
224
!(
225
!(
228
!(
229
!(
230
!(
231
!(
232
!(
233
!(
238
!(
239
!(
245
74 Sources: Esri, USGS, NOAA
Date: 7/22/2025
khaessly
0 0.55 1.1 Miles
Path: E:\Project_Specific_Maps\Planning\CEQAReviewProjects\CEQAReviewProjects.aprx Project Type
Residential
Mixed Use
Commercial
Industrial
Projects under CEQA review - Funding FY24/25
As of June 30, 2025
Item Title: 10.6
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2024/2025 Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
301 of 731
CITY OF MENIFEE
SUBJECT: Fire Marshal Annual Inspection Compliance Report MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Jennifer Jackson, Sr. Management Analyst
REVIEWED BY: Sonya Bu, Fire Marshal
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution acknowledging receipt of the Fire Department’s annual report on compliance with the state-mandated inspection requirements for hotels, motels, lodging houses, apartment houses, and private and public schools, as outlined in Senate Bill 1205 and California Health and Safety Code Sections 13145, 13146 and 17921.
DISCUSSION
On September 27, 2018, the State of California approved Senate Bill (SB) 1205, adding Section 13146.4 to the Health and Safety Code and requiring City and County Fire Departments to provide an annual compliance report to its administering authority. The adoption of the attached resolution is required to acknowledge receipt of the report.
California Health and Safety Code Sections 13145 and 13146 mandate City and County Fire Departments to enforce building standards adopted by the State Fire Marshal. Included in these standards are requirements for annual inspections of hotels, motels, lodging houses and apartment houses, as well as private and public schools.
The City of Menifee Fire Department assures compliance of these facilities by scheduling inspections with property owners during the properties’ assigned inspection dates. The Fire Department has completed inspections of all known facilities as required for Fiscal Year 2024/2025 and as indicated in the attached State Mandated Inspections List.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.7
Fire Marshal Annual Inspection Compliance Report
Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
302 of 731
City of Menifee Staff Report
Senate Bill 1205 Annual Compliance Report
August 20, 2025
2 8
5 7
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Resolution
2. Exhibit A – State Mandated Inspections List
3. Senate Bill 1205
Item Title: 10.7
Fire Marshal Annual Inspection Compliance Report
Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
303 of 731
1 RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE
MENIFEE FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN
OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF THE CALIFORNIA HEALTH
AND SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Menifee Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private schools, hotels, motels, lodging houses, and apartment houses for compliance with building standards, as provided and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Menifee Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with sections 13146.2 and 13146.3 and, WHEREAS, the Council of the City of Menifee intends this Staff Report to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Menifee Fire Department’s compliance with California Health and Safety Code Sections 13146.4.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
expressly acknowledges the measure of compliance of the Menifee Fire Department with Health and Safety Code sections 13146.2 and 13146.3 in the City of Menifee for fiscal year 2024/2025, as follows:
Section 1.Education Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. The Menifee Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Menifee.
Section 2.Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility, impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. The Menifee Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Menifee as identified in Exhibit “A” attached hereto.
Item Title: 10.7
Fire Marshal Annual Inspection Compliance Report
Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
304 of 731
Senate Bill 1205 Annual Compliance Report
2 5
0 9
5 4
PASSED, APPROVED AND ADOPTED this 20th day of August, 2025 ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Fire Marshal Annual Inspection Compliance Report
Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
305 of 731
Number Street Site Name
Occupancy
Group
28525 LA PIEDRA RD BELL MOUNTAIN MIDDLE SCHOOL E E E DUCTATIONAL FACILITIES 28800 REVIERE RD CALLIE KIRKPATRICK CHILD DEVELOPMENT CENTER E R1 HOTEL/MOTEL 28800 REVIERE RD CALLIE KIRKPATRICK ELEMENTARY SCHOOL E R2 APARTMENT 30250 BRADLEY RD CHESTER W MORRISON ELEMENTARY SCHOOL E R2.1 CARE FACILITIES 30465 EVANS RD EVANS RANCH ELEMENTARY SCHOOL E
29282 MENIFEE RD FREEDOM CREST CHILD DEVELOPMENT CENTER E 29282 MENIFEE RD FREEDOM CREST ELEMENTARY SCHOOL E
27625 SHERMAN RD HANS CHRISTENSEN MIDDLE SCHOOL E
29792 AUDIE MURPHY RD KATHRYN NEWPORT MIDDLE SCHOOL/ BOYS & GIRLS CLUB E 25625 BRIGGS RD MENIFEE CHILD DEVELOPMENT CENTER E
26301 GARBANI RD MENIFEE ELEMENTARY SCHOOL E
26350 LA PIEDRA RD MENIFEE PRESCHOOL E
26350 LA PIEDRA RD MENIFEE STATE PRESCHOOL E
26255 GARBANI RD MENIFEE VALLEY MIDDLE SCHOOL E
23757 CANYON HEIGHTS RD QUAIL VALLEY ELEMANTARY SCHOOL-CDC E 23757 CANYON HEIGHTS RD QUAIL VALLEY ELEMENTARY SCHOOL E 23757 CANYON HEIGHTS RD QUAIL VALLEY PRE-SCHOOL E
25455 RIDGEMOOR RD RIDGEMOOR ELEMENTARY SCHOOL E
30975 SOUTHSHORE DR SOUTHSHORE CHILD DEVELOPMENT CENTER E 30975 SOUTHSHORE DR SOUTHSHORE ELEMENTARY SCHOOL E
30344 STAGE COACH RD TAAWILA ELEMENTARY SCHOOL E
26001 BRIGGS RD HERITAGE HIGH SCHOOL E
31375 BRADLEY RD PALOMA VALLEY HIGH SCHOOL E
27327 JUNIPERO RD BOULDER RIDGE ELEMENTARY E
27327 JUNIPERO RD BOULDER RIDGE HEADSTART PRESCHOOL E
28100 CALM HORIZON DR ETHAN E CHASE MIDDLE SCHOOL E
29955 WATSON RD HARVEST VALLEY ELEMENTARY SCHOOL E
29955 WATSON RD HARVEST VALLEY HEADSTART E
27227 HERITAGE LAKE DR MESA VIEW ELEMENTARY SCHOOL E
25890 ANTELOPE RD ROMOLAND ELEMENTARY SCHOOL E
25890 ANTELOPE RD ROMOLAND HEADSTART E
29720 GOETZ RD GRACE CHRISTIAN SCHOOL E
27587 LA PIEDRA RD SANTA ROSA ACADEMY E
26800 NEWPORT RD SPRINGS CHARTER SCHOOL-BEAR RIVER STUDENT CENTER E 26704 MURRIETA RD ST. STEPHENS PRE-SCHOOL E
27350 HWY 74 SUN LEISURE MOTEL R1
27955 ENCANTO DR MOTEL 6 R1
30140 TOWN CENTER DR FAIRFIELD INN & SUITES R1
27680 ENCANTO DR MENIFEE INN R1
28155 ENCANTO DR AVILA APARTMENTS R2
28301 ENCANTO DR VALLEY VIEW VILLAGE APARTMENTS R2
28377 ENCANTO DR VILLAGIO APARTMENTS R2
30414 TOWN CENTER DR ARTESA APARTMENTS R2
29930 WINTERHAWK RD THE VINEYARDS AT MENIFEE R2
27757 ASPEL RD ANTELOPE RIDGE APARTMENTS R2
28410 ENCANTO DR HALTER HILLSIDE APARTMENTS R2
30300 ANTELOPE RD THE ENCLAVE APARTMENTS R2
30951 HANOVER LN CANTABRIA APARTMENTS R2
28400 MCCALL BLVD MENIFEE VALLEY MEDICAL CENTER R2.1
29620 BRADLEY RD SUNNY ROSE GLEN R2.1
27600 ENCANTO DR LIFE CARE CENTER OF MENIFEE R2.1
28500 BRADLEY RD SUN CITY GARDENS R2.1
29914 ANTELOPE RD WELL QUEST OF MENIFEE LAKE R2.1
28333 VALLEY BLVD PACIFICA R2.1
KEY
R1, R2, R2.1
OTHER SCHOOLS
ROMOLAND SCHOOL DISTRICT
PERRIS UNION HIGH SCHOOL DISTRICT
MENIFEE UNION SCHOOL DISTRICT
Exhibit A
Item Title: 10.7
Fire Marshal Annual Inspection Compliance Report
Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
306 of 731
Item Title: 10.7
Fire Marshal Annual Inspection Compliance Report
Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
307 of 731
Item Title: 10.7
Fire Marshal Annual Inspection Compliance Report
Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
308 of 731
CITY OF MENIFEE
SUBJECT: National Opiate Litigation Settlement Fund Allocation MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the City Manager, or his designee, to program the National Opiate Litigation Settlement Funds received through July 16, 2025, for prevention education and intervention programs reaching vulnerable populations including homeless and at-risk youth residing within the City; and
2. Adopt a Budget Amendment Resolution (BAR) approving an increase in revenue and appropriation of expenditures in the amount of $168,453.02 to the project account as assigned by the Finance Department for the use of the funds received from the Janssen and Distributors Settlements, Allergan, CVS, TEVA, Walgreens and Walmart Settlement Funds.
DISCUSSION
The State of California joined a national lawsuit against manufacturers, distributors, and other entities deemed responsible for aiding the opioid epidemic. On July 21, 2021, a $26 billion offer to settle was made by opioid manufacturer Janssen Pharmaceuticals, Inc. (parent company of Johnson & Johnson) and the “big three" distributors, McKesson, AmerisourceBergen, and Cardinal Health (the Distributors) to resolve their liabilities in over 3,000 opioid crisis-related lawsuits nationwide. Additionally, proposed multistate settlements with opioid manufacturers Teva and Allergan and pharmacies Walmart, Walgreens, and CVS (collectively, the Pharmacies) have begun settlement payouts.
It is estimated that California will receive approximately $3.04 billion from each of these settlements through 2038. The City of Menifee opted to participate in the National Opiate Litigation with Janssen, the Distributors, and the Pharmacies as a subrecipient and as such is allocated roughly 0.032% of each distribution payment issued to the participating subdivisions within California. Since the last City Council approval in 2024, the City has received an additional $19,535.16 from the Distributors Settlement, $35,969.00 from the Janssen Settlement, Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
309 of 731
City of Menifee Staff Report
Opioid Funds 24-25
August 20, 2025
2 8
6 3
$12,824.67 from the Allergan Settlement, $13,294.34 from the CVS Settlement, $11,664.07 from the TEVA Settlement, $20,285.33 from the Walgreen Settlement, and $54,880.45 from the Walmart Settlement for a total of $168,453.02. Cities that elected to participate in the National Prescription Opiate Litigation have the option of providing services as a subrecipient or transferring funds to the County or another subrecipient. As a designated subrecipient, the City is required to submit an expenditure plan for the current fiscal year and usage report for the prior fiscal year annually to the State of California by September 30. Staff anticipate completing the usage report for the prior fiscal year by August 30, following the opening of the State submittal portal. The anticipated expenditure for the upcoming fiscal year will continue with the same percentage distributions as prior years as shown in Table 1.
In keeping with the terms of the Settlement Agreement, staff recommends utilizing the Settlement Funds for opioid prevention education and intervention programs reaching vulnerable populations including homeless and at-risk youth residing within the City. Additionally, a small portion of the funding could be dedicated to the City’s Trauma Intervention Program providing emotional care for families when opioid dependent individuals experience medical emergencies as outlined in the attached “List of Opioid Remediation Uses.”
The State of California further requires that at least 50% of all Settlement Funds be allocated to what has been identified as High Impact Abatement Activities (HIAA) outlined in Section 1, Table 1 of “California Opioid Settlements Allowable Expenditures”. In keeping with these requirements, staff proposes concentrating on the use of the Settlement Funds in the following areas:
1. Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by Substance Use Disorder.
2. Intervention to prevent drug addiction in vulnerable youth. Under the proposed plan, Menifee Police Department would utilize existing personnel to provide the identified programming in alignment with the Settlement Fund requirements as outlined in Table 1 below.
TABLE 1- FUNDING ALLOCATION SUMMARY
Allocations Description % of
Funding
School Resource Officer
(SRO) Salary
Direct contact with students to initiate preventive
measures. Note: percentage allocation applies solely
to the portion of the SRO’s salary funded by the City
of Menifee.
Up to 10%
Police Community
Engagement Specialist
Salary
Engage in community outreach activities providing
opioid education and issuing Public Service
Announcements; and collaborate with SRO’s to
provide youth education.
Up to 10%
Homeless Liaison
Officer Salary
Make contact with the homeless population and
provide resources for opioid dependency treatment. Up to 10% Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
310 of 731
City of Menifee Staff Report
Opioid Funds 24-25
August 20, 2025
2 8
6 3
Community Behavioral
Assessment Team
Salary
Work with at-risk or vulnerable populations in the city to identify those dependent upon opioids and connect
them with needs resources/treatment programs.
Up to 10%
Riverside University
Health Systems (RUHS)
Homeless Housing
Opportunities
Partnership and
Education Contract
Contract with RUHS to identify opioid dependency
drug addiction cases in the homeless population and
provide resources and treatment assistance.
5%
Trauma Intervention
Program Contract
Contract dealing with emotional care for family
members after opioid dependent individuals have
medical emergencies.
5%
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
Given that there are multiple Settlements providing varying levels of funding on an annual basis over the 15-year period, staff recommends programming the Settlement Funds as they are received. The fiscal impact associated with the acceptance of the Settlement Funds received through July 16, 2025, would result in an increase of $168,453.02 in other revenue within the Grant Fund (2301-17020-441005) and an appropriation in outreach expenditures to the National Opioid Settlement for Menifee Police Department within the Grant Fund (2301-MPD-17020- 652213). No match by the City would be required.
Payment Type Allocation Amount Status Funding Received* Allergan Year 1 $6,519.80 Paid 8/15/2024
Allergan Year 2 $6,304.87 Paid 8/15/2024
CSV Year 1 $7,452.23 Paid 8/15/2024
CSV Year 2 $5,842.11 Paid 8/15/2024
Distributor Year 5 $19,535.16 Paid 7/31/2024
Janssen Year 4 $17,075.51 Paid 7/31/2024
Janssen Year 5 $18,893.49 Paid 7/16/2025
TEVA Year 1 $5,922.28 Paid 8/15/2024
TEVA Year 2 $5,741.79 Paid 8/15/2024
Walgreens Year 1 $8,743.17 Paid 8/15/2024
Walgreens Year 2 $5,771.08 Paid 8/15/2024
Walgreens Year 3 $5,771.08 Paid 4/16/2025
Walmart Year 1 $54,880.45 Paid 8/15/2024
TOTAL $168,453.02
*Settlement funds must be expended within five years of receipt or transferred to the state.
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
311 of 731
City of Menifee Staff Report
Opioid Funds 24-25
August 20, 2025
2 8
6 3
ATTACHMENTS
1. List of Opioid Remediation Uses
2. Budget Amendment Resolution
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
312 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
313 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
314 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
315 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
316 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
317 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
318 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
319 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
320 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
321 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
322 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
323 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
324 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
325 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 18
Menifee Mayor and City Council
August 20, 2025
Page
326 of 731
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 19
Menifee Mayor and City Council
August 20, 2025
Page
327 of 731
RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2025/26 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2025/26 and Fiscal Year 2026/27 with Resolution 25-1596 on June 18th, 2025; 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 FY 2025/26 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
REVENUE ADJUSTMENT – GRANT FUND 2301
EXPENDITURE ADJUSTMENT – GRANT FUND 2301
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT NUMBER AMOUNT
July 16, 2025 Grant: Cannabis Tax Fund 2301-28-XNC-XNCL- 000-17045-441002 $96,909.52
July 16, 2025 Grant: Emergency Management
Performance Grant - EMPG
2301-28-XNC-XNCL-
000-17044-441000 $15,782.00
August 20, 2025 National Opiate Litigation Settlement 2301-28-XNC-XNCL- 000-17020-441005 $168,453.02
TOTAL: $281,144.54
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT
NUMBER AMOUNT
July 16, 2025 Grant: Cannabis Tax Fund – Supplies 2301-51-MPD-PDAM- 000-17045-651501 $10,475.00
July 16, 2025 Grant: Cannabis Tax Fund –
Staff hours including overtime
2301-51-MPD-PDAM-
000-17045-650200 $82,314.72
July 16, 2025 Grant: Cannabis Tax Fund –
Training
2301-51-MPD-PDAM-
000-17045-652211 $4,119.80
July 16, 2025 Grant: Emergency Management
Performance Grant - EMPG
2301-51-FIR-FRSP-
300-17044-651501 $15,782.00
August 20, 2025 National Opiate Litigation Settlement 2301-51-MPD-PDAM- 000-17020-652213 $168,453.02
Total $281,144.54
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 20
Menifee Mayor and City Council
August 20, 2025
Page
328 of 731
Amending the Fiscal Year 2025/26 Grant Fund Budget
National Opiate Litigation Settlement
2 5
1 0
2 2
Section 1.The annual budget for the Grant Fund 2301 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
FUND SUMMARY – GRANT FUND 2301
PASSED, APPROVED AND ADOPTED this 20th day of August, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
CATEGORY ADOPTED
BALANCE
PRIOR
ADJUSTMENTS
AMENDMENT
AMOUNT
AMENDED
TOTAL
Revenues $0.00 $112,691.52 $168,453.02 $281,144.54
Expenditures $0.00 $112,691.52 $168,453.02 $281,144.54
Item Title: 10.8
National Opiate Litigation Settlement Fund Allocation
Item Page Number: 21
Menifee Mayor and City Council
August 20, 2025
Page
329 of 731
CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with the Menifee Valley Historical Association
MEETING DATE: August 20, 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 (MOU) with the Menifee Valley Historical Association for the collaboration of related community programs through June 30, 2030.
DISCUSSION
The Community Services Department has worked with the Menifee Valley Historical Association (MVHA) to formalize a partnership for related community programming. Founded in 2006, the MVHA is a Menifee-based non-profit organization whose mission is to identify, preserve and promote the historic legacy of Menifee Valley. The organization has a museum located at 26301 Garbani Road, that is open and free to the public Sundays and showcases information about the first inhabitants of the valley, early homesteaders, mining, farming operations, one-room school houses as well as historical Menifee neighborhoods. MVHA also offers school age presentations and volunteer opportunities for the community.
Community Services seeks to formalize a partnership with MVHA which supports programs that identify, preserve, and promote the legacy of the Menifee Valley leveraging resources of each organization and that provide meaningful, engaging, and educational programs to the public. This partnership supports the Community Engagement, Social Infrastructure, and Unique Identity Strategic Plan Priorities adopted by City Council in 2023.
The City currently has similar MOU partnerships related to community programming with Lake Menifee Women’s Club, Menifee Arts Council, Menifee Valley Community Cupboard, and Perris Union High School District. Under the proposed MOU partnership, the MVHA would continue to collaborate primarily with the Community Services units which oversee Cultural Arts Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
330 of 731
City of Menifee Staff Report
Memorandum of Understanding with Menifee Valley Historical Association August 20, 2025
2 8
4 0
Programming, City-wide Special Events, and Lazy Creek Youth Programs. Highlights of the proposed MOU, which has a term of 5 years, have been outlined below.
Menifee Valley Historical Association MOU Highlights:
Support of City-sponsored community events and programs, such as school-age presentations at Lazy Creek Recreation Center
Annual community event hosted by MVHA to promote historical topics Promotion of volunteer and docent opportunities to City youth Public outreach and communication activities of both organizations Collaboration on potential grant programs
Per the terms of the agreement, at any time either party may choose to terminate the proposed MOU with ninety (90) days’ written notice.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. However, partnership in future grant applications can potentially lead to an increase in grant revenues in future fiscal years to support related programs and events. Additionally, the in-kind sponsorship provided by the Community Services Department assistance in MVHA programming is expected to be offset by volunteer assistance in producing collaborative events.
ATTACHMENTS
1. Memorandum of Understanding
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
331 of 731
-1-
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on [date of execution] (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Menifee Valley Historical Association, a non-profit 501(c)(3) organization (“Partner Organization”). City and Partner Organization may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” The Parties intend for this MOU to identify, preserve, and promote the legacy of Menifee Valley leveraging resources of both parties to provide meaningful, engaging, and educational programs to the public, as more specifically set forth herein.
Section 1. Term and Termination
A. Term. The term of this MOU shall begin on the Effective Date and shall end on June 30, 2030 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 Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
332 of 731
-2-
cooperate with requests from the other Party to reassign or replace such personnel as the same may be requested in that Party’s discretion.
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 Partner Organization enters City property or meets in person with City employees during the performance of this MOU, Partner Organization shall comply with all applicable regulatory and City security and safety procedures, protocols, and practices. If City enters Partner Organization property or meets in person with Partner Organization 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, including 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 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 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 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 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 Party. 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 Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
333 of 731
-3-
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 Partner Organization by Julie Zimmerman, MVHA President (“Partner Organization Contract Administrator”), and for City by Mariana Mitchell, 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 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, neither 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 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.
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
334 of 731
-4-
Section 3. Partner Organization Insurance
Prior to performing any right or obligation under this MOU, Partner Organization, 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 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 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.
Note: See Exhibit A, Special Provisions
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 Partner Organization with respect to liability arising out of the Partner Organization’s performance of this MOU.
F. Proof of Insurance. Partner Organization 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 Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
335 of 731
-5-
this MOU, and must contain the signature of the person authorized to bind coverage on behalf of the Partner Organization. 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. Partner Organization 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. Partner Organization 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 Partner Organization hereunder, Partner Organization 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, 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:
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
336 of 731
-6-
To City: To Partner Organization:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Mariana Mitchell, Community Services
Director
With a Copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Menifee Valley Historical Association
29357 Brigantine Court
Menifee, CA 92584
Attn: Julie Zimmerman, President of the
Menifee History Museum
(Email) [email protected]
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 4. 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.
Section 5. 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.
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
337 of 731
-7-
Section 6. 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 7. Time
Time is of the essence in this Agreement and for the performance of this MOU.
Section 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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.
Section 14. 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.
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
338 of 731
-8-
Section 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
339 of 731
-9-
Section 22. 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, direct or indirect, in any agreement or sub- agreement, or the proceeds thereof, for the rights and obligations performed hereunder. This Section shall apply to Partner Organization if Partner Organization is a public entity.
Section 23. 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 24. 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.
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
340 of 731
-10-
IN WITNESS WHEREOF, the Parties have executed this MOU as 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
PARTNER ORGANIZATION
Julie Zimmerman, President
Bill Zimmerman, Vice President
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
341 of 731
EXHIBIT A
EXHIBIT A
SPECIAL PROVISIONS
The following is added to Section 5.C:
No Workers’ Compensation and Employer’s Liability coverage shall be required if Partner Organization does not employ any person pursuant to the provisions of the California Labor Code.
In the event Partner Organization does not carry insurance required by this Paragraph, Partner Organization hereby represents and certifies to City that it has no such employees, and agrees that Section 4 shall expressly apply to said representation. .
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
342 of 731
EXHIBIT B
EXHIBIT B
RIGHTS AND OBLIGATIONS OF THE PARTIES
Partner Organization Obligations
Support City-Sponsored Community Events and Programs
oHost Partner Organization information booth at City special events based on scheduling and availability
oProvide at least two (2) school-age historical presentations per calendar year at the Lazy Creek Recreation Center. Presentation services shall be at no-cost to City or program participants.
Special Event
oEach year, host and sponsor a special event such, as a Poker Run Event or similar, which encourages community involvement and increases awareness and visitation to the History Museum and local historical monuments.
oInvite City Staff to participate in planning and coordination meetings to determine level of city staff support, promotion opportunities, and/or use of space at city facilities. City resources allocated to the event will be based upon staff, facility, and funding available.
oMeet yearly to review progress/expectations and brainstorm on future Special Events.
Collaboration on Grants
oPartner with city staff to identify grant programs or sponsorships which support the Partner Organization and/or related City-sponsored programs oProvide letters of support for related City grant applications upon request City Obligations
Event Booth Space
oProvide opportunity to operate information booth at city-sponsored events upon request from Partner Organization and based on availability of space in City’s discretion. Vendor booth fee, if applicable, will be waived.
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
343 of 731
-2-
Promotion of Historical Association Programs
oProduce and film a one-time, multi-part history series to be displayed on City TV and other city platforms as deemed appropriate by the City oProduce and film a one-time segment for Show Me Menifee highlighting programs and mission of Partner Organization
oReserve all content rights of filmed segments with any use or duplication requiring prior approval from the City
oPromote Partner Organization events, programs, and History Museum hours via CSD electronic billboard at corner of Evans and Newport oDisplay and distribute Partner Organization program and event information at Community Services Facilities and Events
oWork with Partner Organization to Add a link on the City website to redirect residents to Partner Organization website for more information about programs and History Museum hours.
Volunteer Support for Partner Organization Programs
oProvide information to Youth Leaders of Menifee Participants to assist in recruitment for and/or to become volunteers and docents for Partner Organization.
Youth Volunteers shall receive proof of community service hours from Partner Organization to report back to their respective school. Collaboration on Grants
oCollaborate with Partner Organization to identify grant programs or sponsorships which support the Historical Association and/or related City-sponsored programs oProvide letters of support for related Partner Organization grant applications upon request, in City’s discretion
Item Title: 10.9
Memorandum of Understanding with the Menifee Valley Historical Association Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
344 of 731
CITY OF MENIFEE
SUBJECT: Agreement with the Riverside County Flood Control and Water Conservation District and the Riverside County
Regional Park and Open-Space District for Bradley Road
Bridge Over Salt Creek
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, CIP Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the Riverside County Regional Park and Open-Space District for a temporary detour of the Salt Creek Trail for the Bradley Road Bridge Over Salt Creek Project, Capital Improvement Program (CIP) Project No. 13-04, for a total amount not-to-exceed $6,000.
DISCUSSION
The Bradley Road Bridge Over Salt Creek Project, CIP No. 13-04 (Project), replaces 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 includes access ramps on either side of the bridge abutments, major drainage improvements, and the relocation of the existing Salt Creek Trail crossing. The Project area includes the segment of Bradley Road from Pebble Beach Drive to Rio Vista Drive.
On May 7, 2025, the City Council awarded a Contract Services Agreement to Ames Construction, Inc. to provide construction services for the Project. Construction activity began in August 2025.
During the construction phase, Bradley Road between Pebble Beach Drive and just south of Rio Vista Drive would experience full closure to all modes of traffic for approximately 15 months. As a condition of receiving federal funding, and per the National Environmental Policy Act (NEPA), the Salt Creek Trail must remain accessible at all times. To remain compliant, a temporary trail detour would be required for the portion of the Salt Creek Trail that traverses Bradley Road. The proposed temporary trail detour would reroute users just east of Bradley Road along Pebble Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
345 of 731
City of Menifee Staff Report
CIP 13-04 Cooperative Agreement
August 20, 2025
2 8
6 4
Beach Drive west to Desert Hills Drive where they would travel south to reconnect back to the existing Salt Creek Trail as shown in Exhibit A.
EXHIBIT A: TEMPORARY TRAIL DETOUR MAP
The Salt Creek Channel is owned and operated by the Riverside County Flood Control and Water Conservation District (District) in coordination with the Riverside County Regional Park and Open- Space District (Parks). However, the City would be solely responsible for all minor surface improvements associated with establishing the temporary trail detour. Improvements may include the installation of decomposed granite for a temporary pathway, fencing, barricades, and any measures related to the maintenance of temporary trail detour throughout the duration of the Project. The proposed Cooperative Agreement memorializes the City’s access to the Salt Creek Trail within the District’s right-of-way, as well as the roles and responsibilities with regard to the construction, inspection, operation, ownership and maintenance of the temporary trail detour. The City would also be responsible for the District’s costs associated with the preparation and administration of the proposed Cooperative Agreement in a total amount not-to-exceed $6,000.
The proposed Cooperative Agreement would remain in place until the City provides notification to the District of the Project’s completion.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Cooperative Agreement with the District is for the total amount not-to-exceed $6,000. Funding for the Agreement is available in the Fiscal Year 2025/2026 budget within the Development Impact Fee (DIF) Citywide Storm Drain Facilities Fund (4320- PWD-CIPS-900-02527-690010), as summarized in Table 1.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
346 of 731
City of Menifee Staff Report
CIP 13-04 Cooperative Agreement
August 20, 2025
2 8
6 4
TABLE 1 – PROJECT BUDGET
Fund Project Account String Available Budget Anticipated Cost DIF Citywide – Storm
Drain Facilities CIP13-04.2527.CON.CAE $593,764 $6,000
TOTAL $593,764 $6,000
Additional minor costs to install and maintain the temporary trail would be paid out of the available budget within the CIP Project.
ATTACHMENTS
1. Project Location Map
2. Cooperative Agreement
3. Right-of-Way and Temporary Trail Detour Maps
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
347 of 731
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: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
348 of 731
263067
- 1 -
COOPERATIVE AGREEMENT
Bradley Road Bridge Trail Detour
Encroachment Permit No. 4184
This Cooperative Agreement ("Agreement"), dated as of ________________, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body corporate and politic ( "DISTRICT"), the Riverside County Regional Park and Open-Space District, a special district created pursuant to the California Public Resources Code Division 5, Chapter 3, Article 3 ("PARKS"), and the City of Menifee, a California municipal corporation ("CITY"). DISTRICT, PARKS and CITY may be referred to collectively as the "Parties" and individually as a "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT operates and maintains Salt Creek Channel (Project No. 4 -0- 00110), hereinafter called "CHANNEL", and the Salt Creek I -215 Channel (Project No. 4 -0- 00109, hereinafter called "I-215 CHANNEL", principally located in the city of Menifee; and B. CHANNEL and the I -215 CHANNEL are essential and integral part s of DISTRICT's regional system of stormwater management infrastructure that provides critical flood control and drainage to the CITY, adjacent cities and unincorporated areas; and C. DISTRICT and PARKS have previously entered into and executed a certain License Agreement ("License Agreement") on July 31, 2018 [DISTRICT's Board Agenda Item No. 11. 4, PARKS' Board Agenda Item No. 13.2 ] setting forth the respective rights and obligations concerning the 4.3 mile multi -purpose trail at the intersection of Goetz Road and Canyon Lake Drive then continuing easterly along CHANNEL passing the Interstate 215 Freeway to the intersection of Antelope Road and Aldergate Drive ("SALT CREEK TRAIL"); and
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
349 of 731
263067
- 2 -
D. DISTRICT and CITY have previously entered into and executed a certain Cooperative Maintenance Agreement ("Maintenance Agreement") on August 30, 2022 [DISTRICT's Board Agenda Item No. 11.3], setting forth the respective rights and obligations concerning the elevated bridge structure over CHANNEL between Potomac Drive to the north and Rio Vista Drive to the south ("BRADLEY BR1DGE"); and E. Pursuant to a CITY administered public works contract , BRADLEY BR1DGE construction is scheduled to commence on August 4, 2025; and F. CITY desires to detour a portion of SALT CREEK TRAIL from Desert Hills Road, easterly on Pebble Beach Drive and southerly along the I-215 CHANNEL ("TEMPORARY TRAIL DETOUR "), as shown in concept in green on Exhibit "A", attached hereto and made a part hereof; and
G. CITY anticipates the estimated time frame for TEMPORARY TRAIL DETOUR to be approximately fifteen (15) months, concluding in November 2026; and H. TEMPORARY TRAIL DETOUR may be accommodated within
DISTRICT's held rights of way or easements to the extent that such uses do not unreasonably interfere with DISTRICT's principal function or ability to operate and maintain the I-215 CHANNEL, or PARKS' ability to operate and maintain SALT CREEK TRAIL; and I. CITY desires to operate and maintain TEMPORARY TRAIL DETOUR within DISTRICT held rights of way or easements ("DISTRICT's RIGHTS OF WAY"), as shown in concept in green on Exhibit "B", attached hereto and made a part hereof; and J. To accommodate CITY's BRADLEY BRIDGE project, PARKS is willing to allow a total closure of SALT CREEK TRAIL , as shown in concept in red on Exhibit "A", pending the execution of this Agreement; and
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
350 of 731
263067
- 3 -
K. Subject to the provisions of this Agreement, DISTRICT is willing to (i) allow TEMPORARY TRAIL DETOUR , (ii) conduct periodic inspections of TEMPORARY TRAIL DETOUR and (ii) allow CITY to operate and maintain TEMPORARY TRAIL DETOUR located within DISTRICT's RIGHTS OF WAY; and
L. In accordance with the provisions of this Agreement, CITY will (i) prepare or cause to be prepared schematic plans for TEMPORARY TRAIL DETOUR and submit to DISTRICT for its review and written approval, (ii) cause the construction, inspection and repair of TEMPORARY TRAIL DETOUR at no cost to DISTRICT, (iii) conduct periodic safety inspections of TEMPORARY TRAIL DETOUR , (iv) accept operation and maintenance of TEMPORARY TRAIL DETOUR and (v) indemnify, defend and hold DISTRICT and PARKS harmless from any clai ms arising from CITY's or the public 's use of TEMPORARY TRAIL DETOUR or from CITY's responsibilities in connection therewith or the condition thereof; and M. In addition , CITY will be responsible for the follow ing (i) routine maintenance of surface improvements and associated appurtenances, including, but not limited to, fencing, 15-foot wide double swing gates, and 4 -inch thick decomposed granite path with stabilizer and (ii) general beautification maintenance of TEMPORARY TRAIL DETOUR , including, but not limited to, weed abatement, trash removal, graffiti removal and any issues arising from homeless encampments , both to the same or better standard than other regularly maintained trails in the area; and
N. It is in the best interest of the public to proceed with TEMPORARY TRAIL DETOUR at the earliest possible date; and
O. The purpose of this Agreement is to memorialize the mutual understandings by and between DISTRICT , PARKS and CITY with respect to design, Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
351 of 731
263067
- 4 -
construction, inspection, ownership, operation and maintenance of TEMPORARY TRAIL DETOUR.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
SECTION I
CITY shall:
1. Prior to constructing any improvements on or performing any physical modifications within DISTRICT's RIGHTS OF WAY, prepare or cause to be prepared schematic plans for TEMPORARY TRAIL DETOUR ("SCHEMATIC PLANS") and submit to DISTRICT (Attention: Permitting Services Section) for review and approval.
2. Pay all costs associated with preparation of SCHEMATIC PLANS, including DISTRICT's review and approval thereof.
3. Pay all reasonable and actual accrued costs associated with DISTRICT's preparation and administration of this Agreement, not to exceed an amount of Six Thousand Dollars ($6,000).
4. Secure, at its sole costs and expense, all necessary permits, approvals, licenses or agreements as may be required by any federal, state or local resource or regulatory agencies as may be needed to construct, inspect, operate and maintain TEMPORARY TRAIL DETOUR.
5. Obtain an encroachment permit from DISTRICT (Attention: Permitting Services Section) pursuant to its rules and regulations and comply with all provisions set forth therein prior to commencing construction of TEMPORARY TRAIL DETOUR or any other improvements within DISTRICT's held rights of way or easements.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
352 of 731
263067
- 5 -
6. Take reasonable action to ensure that any necessary permits , approvals, licenses or agreements as may be required by any federal, state or local resource or regulatory agencies, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede DISTRICT's ability to perform all necessary operation and maintenance activities for I- 215 CHANNEL as determined by DISTRICT or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within DISTRICT's RIGHTS OF WAY.
7. Cause TEMPORARY TRAIL DETOUR to be constructed in DISTRICT's RIGHTS OF WAY in accordance with SCHEMATIC PLANS approved by DISTRICT and pay all costs associated therewith.
8. Not permit any change to or modification of DISTRICT permitted SCHEMATIC PLANS without the prior written permission and consent of DISTRICT, which shall not be unreasonably withheld.
9. Obtain a new encroachment permit from DISTRICT (Attention: Permitting Services Section ) if any subsequent modifications are needed to TEMPORARY TRAIL DETOUR.
10. Grant DISTRICT, by execution of this Agreement, the right to enter upon adjacent public rights of way owned or controlled by CITY where necessary and convenient for the purpose of gaining access to and performing inspection service for the TEMPORARY TRAIL DETOUR.
11. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its project construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
353 of 731
263067
- 6 -
attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of TEMPORARY TRAIL DETOUR, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "C", attached hereto and made a part hereof.
12. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations, including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.
13. Inspect TEMPORARY TRAIL DETOUR construction or cause TEMPORARY TRAIL DETOURꞌs construction to be inspected by its construction manager and pay all costs associated therewith.
14. Within two (2) weeks of completing TEMPORARY TRAIL DETOUR construction, provide DISTRICT with written notice (Attention: Permitting Services Section ) that TEMPORARY TRAIL DETOUR construction is substantially complete and requesting that DISTRICT conduct a final inspection of TEMPORARY TRAIL DETOUR.
15. Upon completion of TEMPORARY TRAIL DETOUR construction, provide DISTRICT with a copy of CITY's Notice of Completion.
16. Upon completion of TEMPORARY TRAIL DETOUR construction and CITY's acceptance thereof, assume sole responsibility for the design, construction and inspection of TEMPORARY TRAIL DETOUR, including all necessary modifications, repairs, corrections or temporary removal as reasonably deemed necessary by DISTRICT for the continuing function, reconstruction, repair or operation and maintenance of the I-215 CHANNEL facility.
17. Within DISTRICT's RIGHTS OF WAY, assume sole responsibility for (i) the operation and maintenance of TEMPORARY TRAIL DETOUR, including, but not limited Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
354 of 731
263067
- 7 -
to, performing all necessary repairs and the routine removal of trash and debris associated with CITY's and public's use of DISTRICT's RIGHTS OF WAY, (ii) its responsibilities under Recitals L and M and (iii) as between DISTRICT and CITY, assume all liability associated with the public use of TEMPORARY TRAIL DETOUR within DISTRICT's RIGHTS OF WAY , including claims of third persons for injury or death or damage to property, subject to any defenses and immunities CITY may have in response to such third party claims. Said obligation shall not include any inverse condemnation liability of DISTRICT by reason of the location of its I-215 CHANNEL facility or TEMPORARY TRAIL DETOUR improvements related thereto unless such liability is the result of CITY's operations.
18. Conduct periodic safety inspections on TEMPORARY TRAIL DETOUR and promptly making repairs that are necessary to safeguard the public and its use thereof.
19. Promptly repair any damage to TEMPORARY TRAIL DETOUR within DISTRICT's RIGHTS OF WAY upon CITY learning of such damage, under the rights granted herein unless such damage is caused by flooding or is the result of DISTRICT's customary operation, maintenance or improvements to its facilities located therein.
20. Waive any claim against DISTRICT for damages to TEMPORARY TRAIL DETOUR resulting from DISTRICT's customary operation and maintenance activities performed within DISTRICT's RIGHTS OF WAY or its appurtenant works, including any natural calamity, act of God or any cause or conditions beyond the control of DISTRICT, save and except damages resulting from DISTRICT's active negligence or willful misconduct.
21. Immediately remove, upon written request by DISTRICT's General Manager-Chief Engineer, any improvements and/or equipment CITY has placed on TEMPORARY TRAIL DETOUR within DISTRICT's RIGHTS OF WAY not previously approved by DISTRICT, if such improvements and/or equipment can be removed immediately, Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
355 of 731
263067
- 8 -
or cease their use if such improvements and/or equipment cannot be removed immediately, that DISTRICT's General Manager-Chief Engineer reasonably believes would be detrimental to the operation of the I-215 CHANNEL. If DISTRICT invokes this provision, it shall be required to communicate a detailed explanation of the basis for its determination that TEMPORARY TRAIL DETOUR has become detrimental to the operation of the I-215 CHANNEL in writing to CITY and shall be required to meet and confer with CITY's designated representatives prior to finalizing such opinion.
22. If, in the opinion of the General Manager -Chief Engineer, CITY's or the public's use of TEMPORARY TRAIL DETOUR may cause or contribute to a public hazard, a public nuisance, degradation of water quality or any other matter of substantial concern to DISTRICT, DISTRICT reserves the right to reasonably require remediation and, if remediation is unsuccessful, to terminate this Agreement.
a) CITY shall remove, at its sole cost and expense, any elements of TEMPORARY TRAIL DETOUR (and any associated improvements within DISTRICT's RIGHTS OF WAY ) within sixty (60) calendar days of receipt of written notice from DISTRICT should DISTRICT, in its sole discretion, determine that such elements of TEMPORARY TRAIL DETOUR or its associated use are incompatible with the operation and maintenance of the I-215 CHANNEL facility. Should CITY fail to perform all necessary work as directed by LICENSOR within six ty (60) calendar days of receipt of written notice from DISTRICT, DISTRICT reserves the right to terminate this Agreement.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
356 of 731
263067
- 9 -
b) In the event of a dispute between CITY and DISTRICT as to whether public use of DISTRICT's RIGHTS OF WAY may cause or
contribute to a public hazard, a public nuisance, degradation of water quality, incompatible with the operation and maintenance of the I-215 CHANNEL facility, or any other matter of substantial concern, the Parties shall meet and confer for at least thirty (30) days in an attempt to resolve the dispute.
23. Upon completion of BRADELY BRIDGE construction, provide DISTRICT with a copy of CITY's Notice of Completion as per the Maintenance Agreement.
24. Upon completion of BRADLEY BRIDGE construction, CITY shall remove TEMPORARY TRAIL DETOUR, including fencing and gates, and restore the I -215 CHANNEL access road returned to the same condition (or as close to) , in which they were in prior to the construction, installation or maintenance of TEMPORARY TRAIL DETOUR.
Restoration to the as-built conditions, should ensure ninety-five percent ( 95%) compaction, as shown on DISTRICT's Drawing No. 4-0546. CITY agrees not to damage DISTRICT's RIGHTS OF WAY in the process of performing the permitted activities.
SECTION II
DISTRICT shall:
1. Review, comment and approve, as appropriate, SCHEMATIC PLANS prior to the start of constructing any improvements on or performing any physical modifications within DISTRICT's RIGHTS OF WAY.
2. Upon DISTRICT approval of SCHEMATIC PLANS, issue an
encroachment permit to CITY for the construction and the operation and maintenance of Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
357 of 731
263067
- 10 -
TEMPORARY TRAIL DETOUR in accordance with DISTRICT approved SCHEMATIC PLANS and subject to the provisions set forth in DISTRICT's EP 4184.
3. Keep an accurate accounting of all DISTRICT costs associated with the review, approval, processing and administration of this Agreement. DISTRICT shall reimburse CITY the excess amount within sixty (60) calendar days after DISTRICT 's acceptance of TEMPORARY TRAIL DETOUR as being complete.
4. Grant rights to CITY to construct , operate and maintain TEMPORARY TRAIL DETOUR within DISTRICT's RIGHTS OF WAY.
5. Inspect TEMPORARY TRAIL DETOUR construction, as appropriate.
6. Upon receipt of CITY 's written notice that TEMPORARY TRAIL DETOUR construction is substantially complete, conduct a final inspection of TEMPORARY TRAIL DETOUR.
7. Provide CITY with written notice of (i) any non -compatible use or condition that is not in conformity with the provisions of this Agreement or (ii) any condition which, in the reasonable opinion of DISTRICT's General Manager -Chief Engineer, could adversely affect the primary flood control function of or DISTRICT's ability to operate and maintain the I-215 CHANNEL, and grant CITY ten (10) days or more from and after such notice to correct any such nonconforming use or condition.
8. Assume no responsibility, obligation or liability whatsoever for (i) the design, construction, inspection and repair of TEMPORARY TRAIL DETOUR , (ii) operation and maintenance of TEMPORARY TRAIL DETOUR, including the public use of these facilities or (iii) CITY's use of DISTRICT's RIGHTS OF WAY as granted herein, unless done so expressly in writing approved by the Parties as an amendment or addendum to this Agreement.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
358 of 731
263067
- 11 -
9. Other than in emergency situations, provide thirty (30) days written notice to CITY should DISTRICT determine that a closure of TEMPORARY TRAIL DETOUR for the purpose of operation, maintenance repair or re-construction is necessary.
10. Upon receipt of CITY's written notice that the BRADLEY BRIDGE construction is substantially complete (i) conduct a final inspection of the removal of TEMPORARY TRAIL DETOUR, including fencing and gates, (ii) verify the restoration of DISTRICT's RIGHTS OF WAY meets the ninety-five percent (95%) compaction and (iii) verify the removal of TEMPORARY TRAIL DETOUR is returned to the as-built condition per DISTRICT's Drawing No. 4-0546.
SECTION III
PARKS shall:
1. Grant a total closure of SALT CREEK TRAIL.
2. Assume no responsibility, obligation or liability whatsoever for (i) the design, construction, inspection and repair of TEMPORARY TRAIL DETOUR and (ii) operation and maintenance of TEMPORARY TRAIL DETOUR, including the public use of these facilities as granted herein, unless done so expressly in writing approved by the Parties as an amendment or addendum to this Agreement.
SECTION IV
INDEMNIFICATION OBLIGATIONS:
1. CITY INDEMNIFICATION OF DISTRICT, PARKS and the County of Riverside. Indemnify, defend (with counsel selected by CITY), save and hold harmless DISTRICT, the County of Riverside and PARKS, its directors, officers, Board of Supervisors, elected and appointed officials, agents, employees, representatives, independent contractors and subcontractors (collectively "INDEMNIFIED PARTIES") from any liability whatsoever, claim, Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
359 of 731
263067
- 12 -
damage, proceeding or action, present or future, based or asserted upon any act or omission of CITY (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) , arising from, related to or in any manner connected with i) CITY's use of DISTRICT's RIGHTS OF WAY and responsibilities under this Agreement in connection therewith and ii) property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from, related to or in any manner connected with the public use of TEMPORARY TRAIL DETOUR within DISTRICT's RIGHTS OF WAY . CITY shall defend, at its sole expense, all costs and fees , including, but not limited to, attorneys' fees, cost of investigation, defense, and settlements or awards, INDEMNIFIED PARTIES in any claim or legal action based upon such alleged acts or omissions.
2. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT, provided however, tha t any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to INDEMNIFIED PARTIES as set forth herein. CITY's obligation hereunder shall be satisfied when CITY has provided to INDEMNIFIED PARTIES the appropriate form of dismissal relieving INDEMNIFIED PARTIES from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless INDEMNIFIED PARTIES herein from third party claims.
3. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
360 of 731
263067
- 13 -
interpretation shall not relieve CITY from indemnifying the INDEMNIFIED PARTIES to the fullest extent allowed by law.
4. This indemnification provision shall survive termination or expiration of this Agreement until such a time as the statute of limitations shall run for any claims that may arise out of this Agreement.
5. DISTRICT AND PARKS INDEMNIFICATION OF CITY: DISTRICT and PARKS shall indemnify, defend, save and hold harmless CITY (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to INDEMNIFIED PARTIES acts or omissions related to this Agreement, performance under this Agreement.
SECTION V
It is further mutually agreed:
1. DISTRICT hereby authorizes CITY, in accordance with the terms, covenants conditions and provisions of this Agreement, the use of DISTRICT's RIGHTS OF WAY, as depicted on Exhibit " B", for the purpose of constructing and maintaining TEMPORARY TRAIL DETOUR. It is expressly agreed that DISTRICT's RIGHTS OF WAY shall be used by CITY solely and exclusively for the purpose of accommodating TEMPORARY TRAIL DETOUR.
2. CITY shall not use DISTRICT's RIGHTS OF WAY for any other purpose unless approved in writing by DISTRICT. No change shall be made by CITY in the use of TEMPORARY TRAIL DETOUR without DISTRICT's prior written approval.
3. Term and Termination of Agreement.
(a) Term. This Agreement shall commence on the date this Agreement Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
361 of 731
263067
- 14 -
is fully approved and executed by the Parties and continue in effect until receipt of CITY's written notice that BRADLEY BRIDGE construction is complete and DISTRICT's final inspection of the removal of TEMPORARY TRAIL DETOUR , as set forth in Sections I.24., and II.10.
(b) Termination for Cause. DISTRICT reserves the right to terminate this Agreement, and any encroachment permit issued thereto , for any reason whatsoever, i f DISTRICT's General Manager -Chief Engineer determines that CITY's or the public's use of DISTRICT's RIGHTS OF WAY is not compatible with the I-215 CHANNEL's primary flood control purpose or function. DISTRICT shall provide notification of such termination in writing and shall specify the effective date thereof.
DISTRICT shall have the right to terminate this Agreement and any encroachment permit issued thereto, and shall have no obligation to reimburse CITY for any of its improvements to TEMPORARY TRAIL DETOUR, under the following circumstances (i) in the event of a default by CITY of any term or provision of this Agreement, w hich acts of CITY shall include, but not be limited to, the failure by CITY to perform any obligation under this Agreement, provided CITY has received written notice of default and CITY has failed to cure the default within sixty (60) calendar days of its receipt of said notice, unless otherwise agreed upon by the Parties, and (ii) in the event that CITY has failed to cure the default as prescribed herein, then DISTRICT shall have the right to immediately terminate this Agreement for cause by providing notification of such termination in writing and specifying the effective date thereof.
Upon the termination of this Agreement, CITY shall return the DISTRICT's RIGHTS OF WAY to the as-built condition in accordance with Section I.24.
4. TEMPORARY TRAIL DETOUR shall at all times remain under the sole ownership and exclusive responsibility of CITY. Nothing herein shall be construed as creating Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 18
Menifee Mayor and City Council
August 20, 2025
Page
362 of 731
263067
- 15 -
any obligation or responsibility on the part of DISTRICT and PARKS to inspect or warranty TEMPORARY TRAIL DETOUR or operate and maintain TEMPORARY TRAIL DETOUR.
5. CITY shall, at its own cost and subject to the written approval of DISTRICT's General Manager -Chief Engineer or his or her designee, repair and maintain the parts of TEMPORARY TRAIL DETOUR and DISTRICT's RIGHTS OF WAY so that they will not at any time be a source of danger to or interference with any activities on DISTRICT's RIGHTS OF WAY. Any repair and maintenance work shall be done to DISTRICT's standards.
6. DISTRICT personnel may observe and inspect all work being done on TEMPORARY TRAIL DETOUR . It is further mutually agreed by the Parties hereto that any quality control comments from DISTRICT regarding said work shall be provided in writing to shall be provided to CITY personnel who, as CITY's construction contract administrator, shall be solely responsible for all official communications with its construction contractor(s).
7. This Agreement is to be construed in accordance with the laws of the State of California.
8. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall be declared severable and shall be given full force and effect to the fullest extent possible. It is expressly understood that this Agreement is not exclusive and does not in any way whatsoever grant or convey any permanent easement, lease, fee or other real property interest in I-215 CHANNEL to CITY.
9. This Agreement is subordinate to all prior and future rights of DISTRICT in I-215 CHANNEL and the use of I-215 CHANNEL for the purposes in which it was acquired.
10. The undersigned represents that it has the authority to, and does, bind the person or entity on whose behalf and for whom it is signing this Agreement and the attendant Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 19
Menifee Mayor and City Council
August 20, 2025
Page
363 of 731
263067
- 16 -
documents provided for herein, and this Agreement and said additional documents are, accordingly, binding on said person or entity.
11. This Agreement is made for the benefit of the Parties to this Agreement and their respective successors and assigns, and except as provided in Section V.20 no other persons or entity may have or acquire any right by virtue of this Agreement.
12. CITY shall not permit to be placed against DISTRICT's RIGHTS OF WAY or any part thereof, any design professionals ', mechanics ', materialmans ', contractors ' or subcontractors' liens with the regard to CITY's actions upon DISTRICT's RIGHTS OF WAY and agrees to hold DISTRICT harmless for any loss or expense, including reasonable attorneys' fees, arising from any such liens which might be filed against DISTRICT's RIGHTS OF WAY caused by CITY.
13. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Permitting Services Section
To PARKS: RIVERSIDE COUNTY REGIONAL PARK AND
OPEN-SPACE DISTRICT
4600 Crestmore Road
Jurupa Valley, CA 92509-6858
Attn: General Manager
To CITY: CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: Nicolas Fidler, Public Works Director
Public Works
Engineering Department
14. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 20
Menifee Mayor and City Council
August 20, 2025
Page
364 of 731
263067
- 17 -
competent jurisdiction in the County of Riverside, State of California and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
15. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
16. Any waiver by the Parties of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping any Party from enforcement hereof.
17. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
18. Time is of the essence in prosecuting the work contemplated under this Agreement.
19. DISTRICT and CITY each pledge to cooperate in regard to the operation and maintenance of their respective facility as set forth herein and to discharge their respective maintenance responsibilities in an expeditious fashion so as to avoid the creation of any nuisance condition or undue maintenance impact upon the others' facility.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 21
Menifee Mayor and City Council
August 20, 2025
Page
365 of 731
263067
- 18 -
20. This Agreement shall not be assigned by either Party, in whole or in part, without the prior written consent of the other Party.
21. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 22
Menifee Mayor and City Council
August 20, 2025
Page
366 of 731
263067
- 19 -
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT,
a body corporate and politic
By By _
JASON E. UHLEY KAREN SPIEGEL, Chair
General Manager-Chief Engineer Board of Supervisors, Riverside County Flood Control and Water Conservation District
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN KIMBERLY RECTOR
County Counsel Clerk of the Board
By By ___________________________________
KRISTINE BELL-VALDEZ Deputy
Supervising Deputy County Counsel
(SEAL)
Cooperative Agreement w/the Riverside County Regional Park and Open-Space District and the City of Menifee
Bradley Road Bridge Trail Detour
Encroachment Permit No. 4184
AMR:blj
08/07/25
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 23
Menifee Mayor and City Council
August 20, 2025
Page
367 of 731
263067
- 20 -
RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY REGIONAL PARK
AND OPEN-SPACE DISTRICT,
a special district
By By _
KYLA BROWN, CPRE V. MANUEL PEREZ
General Manager Chair, Board of Directors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN KIMBERLY RECTOR
County Counsel Clerk of the Board
By By ___________________________________
KRISTINE BELL-VALDEZ Deputy
Supervising Deputy County Counsel
(SEAL)
Cooperative Agreement w/ the Riverside County Regional Park and Open-Space District and the City of Menifee
Bradley Road Bridge Trail Detour
Encroachment Permit No. 4184
AMR:blj
08/07/25
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 24
Menifee Mayor and City Council
August 20, 2025
Page
368 of 731
263067
- 21 -
CITY OF MENIFEE,
a California municipal corporation
By
ARMANDO G. VILLA
City Manager
APPROVED AS TO FORM: ATTEST:
By By
JEFFREY T. MELCHING STEPHANIE ROSEEN
City Attorney City Clerk
(SEAL)
Cooperative Agreement w/ the Riverside County Regional Park and Open-Space District and the City of Menifee
Bradley Road Bridge Trail Detour
Encroachment Permit No. 4184
AMR:blj
08/07/25
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 25
Menifee Mayor and City Council
August 20, 2025
Page
369 of 731
Salt Creek Trail - Temporary Closure and Detour Route
VIA Technical Memo - Bradley Road Bridge Project
SOURCE: Riverside County 2023; Bing Maps
Date: 11/21/2023 - Last saved by: agreis - Path: Z:\Projects\j1453001\MAPDOC\DOCUMENT\Transportation\Figure4-SaltCreekTrail _ClouseDetourRoutes.mxd 0 500 250
Feet
Project Boundary
Salt Creek Trail
Temporary Closed Trail Segment
Temporary Trail Detour Route
Trail Closed Sign
Detour Sign (two-way)
Detour Sign & Access Gate
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space
District
for
Bradley
Road
Bridge
Over
Salt Creek
Item Page Number: 26
Menifee Mayor and City Council
August 20, 2025
Page
370 of 731
Exhibit B
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 27
Menifee Mayor and City Council
August 20, 2025
Page
371 of 731
EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 1 of 4
DISTRICT's Insurance Requirements is as follows:
CITY's contractor(s) shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section.
Without limiting or diminishing CITY's contractor(s) obligation to indemnify or hold DISTRICT harmless, CITY contractor(s) shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their re spective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers' Compensation:
If CITY contractor(s) has employees as defined by the State of California, CITY contractor(s) shall maintain statutory Workers' Compensation Insurance(Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's contractor(s) performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If CITY's contractor(s) vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY contractor(s) shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 28
Menifee Mayor and City Council
August 20, 2025
Page
372 of 731
EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 2 of 4
D. Pollution and Asbestos Liability:
CITYꞌs contractor(s) shall obtain, at its sole expense and keep in effect during the term of the contract, Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) covering CITYꞌs contractor(s) liability for a third -party bodily injury and property damage arising from pollution conditions caused by the CITYꞌs contractor(s) while performing their operations under the contract. The insurance coverage shall apply to sudden and accidental pollution events. Any coverage restriction as to time limit for discovery of a pollution incident and/or a time limit for notice to the insurer must be accepted by the DISTRICT. The insurance coverage shall also respond to cleanup cost. This coverage may b e written in combination with the commercial general liability insurance or professional liability insurance.
CITYꞌs contractor(s) shall maintain Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The policy shall be endorsed to state that the general aggregate limit of liability shall apply separately to this contract. Any self -insured retention/deductible amount shall be submitted to the DISTRICT for review and approval. If CITYꞌs contractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by CITYꞌs contractor(s). Any available insurance proceeds in excess of the specified minimum limits of insu rance and coverage shall be available to the DISTRICT.
In the event, CITYꞌs contractor(s) encounters materials on the site that is believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, CITYꞌs contractor(s) shall immediately stop work in the area affected and report the condition to the DISTRICT in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the DISTRICT and CITY , if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendere d harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the DISTRICT and CITY .
CITYꞌs construction contractor(s) shall not be required to perform without consent any work relating to asbestos or polychlorinated biphenyl (PCB).
E. Professional Liability:
CITY contractor(s) shall cause any architect or engineer retained by CITY contractor(s) in connection with the performance of CITY's contractor(s) obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 29
Menifee Mayor and City Council
August 20, 2025
Page
373 of 731
EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 3 of 4
$2,000,000 annual aggregate. CITY contractor(s) shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2)Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for t he term specified in the insurance policy as long as the law allows.
F. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The CITY contractor(s) must declare its insurance self -insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Ma nager before the commencement of operations under this Agreement. Upon notification of self -insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CITY's contractor(s) carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c. CITY contractor(s) shall cause their insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or r eduction in coverage of such insurance. If CITY contractor(s) insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY contractor(s) shall cause CITY's contractor(s) insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 30
Menifee Mayor and City Council
August 20, 2025
Page
374 of 731
EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 4 of 4
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insuran ce carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. e. It is understood and agreed by the parties hereto that CITY's contractor(s)insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self- insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits o f liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY contractor(s) has become inadequate.
g. CITY contractor(s)shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. CITY contractor(s)agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 31
Menifee Mayor and City Council
August 20, 2025
Page
375 of 731
District Right-Of-Way Map
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space District for Bradley Road Bridge Over Salt Creek Item Page Number: 32
Menifee Mayor and City Council
August 20, 2025
Page
376 of 731
Salt Creek Trail - Temporary Closure and Detour Route
VIA Technical Memo - Bradley Road Bridge Project
SOURCE: Riverside County 2023; Bing Maps
Date: 11/21/2023 - Last saved by: agreis - Path: Z:\Projects\j1453001\MAPDOC\DOCUMENT\Transportation\Figure4-SaltCreekTrail _ClouseDetourRoutes.mxd 0 500250
Feet
Project Boundary
Salt Creek Trail
Temporary Closed Trail Segment
Temporary Trail Detour Route
Trail Closed Sign
Detour Sign (two-way)
Detour Sign & Access Gate
Temporary Trail Detour Map
Item Title: 10.10
Agreement
with
the
Riverside
County
Flood
Control
and
Water
Conservation
District
and
the
Riverside
County
Regional
Park
and
Open-Space
District
for
Bradley
Road
Bridge
Over
Salt Creek
Item Page Number: 33
Menifee Mayor and City Council
August 20, 2025
Page
377 of 731
CITY OF MENIFEE
SUBJECT: Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study
Project
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with Parsons Transportation Group, Inc., for Architectural and Engineering Services for the Ethanac Road/Highway 74 Realignment Feasibility Study Project, Capital Improvement Program (CIP) Project No. 25-13, for a total amount not-to-exceed $399,751.05 through December 31, 2026.
DISCUSSION
The Ethanac Road/Highway 74 Realignment Feasibility Study Project (Study), CIP Project No. 25-13 would realign California State Route Highway 74 through Ethanac Road (Project), crossing the existing railroad tracks, and connecting Antelope Road and Mathews Road as proposed in the City’s General Plan. The realignment of Highway 74 through Ethanac Road is part of a larger regional transportation facility project referred to as the “Ethanac Expressway”, which would ultimately connect Highway 74 to Interstate 15 (I-15) through the Cities of Perris and Lake Elsinore, as well as unincorporated portions of Riverside County.
In January 2016, the County of Riverside prepared a Draft Preliminary Study Report for the Ethanac Road Gap Closure, which focused on identifying missing roadway links through the Cities of Menifee and Perris. Within the City of Menifee, the study focused on alternatives to connect Highway 74 to Ethanac Road through the existing railroad tracks.
In June 2019, Riverside County and the Cities of Perris, Lake Elsinore, and Menifee entered into a Cooperative Agreement to develop a Corridor Development Report. The report was completed in 2020 and focused on alternatives extending Ethanac Road and connecting it to the I-15 within the City of Lake Elsinore.
The proposed Study would focus on the realignment/connection of Ethanac Road and Highway 74 in the vicinity of the existing railroad tracks from Trumble Road to Palomar Road. The Study would evaluate the existing challenges associated with the ultimate configuration of a connecting Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
378 of 731
City of Menifee Staff Report
CIP 25-13 Parsons Agreement
August 20, 2025
2 8
3 4
facility and explore environmental concerns, development growth, existing and future traffic volumes, connectivity and mobility opportunities, utility conflicts, right-of-way, drainage, design alternatives, and provide estimated costs associated with the Project. The Study would serve as the basis for the development of future phases of the Project and provide a comprehensive understanding of challenges, costs, and coordination efforts necessary to complete the Project.
On April 15, 2025, staff released a Request for Proposal (RFP) for Professional Engineering Services. A total of five proposals were received. An evaluation committee comprised of experienced City staff members evaluated the proposals based on the specific criteria and scoring parameters stated in the RFP. The results of the initial proposal scoring are shown in Table 1.
TABLE 1 – PROPOSAL RANKING SUMMARY
Following the review of proposals received, SENER Engineering and Systems, Inc. and TKE Engineering, Inc. were deemed non-responsive for failure to submit all required documentation in response to the RFP and were subsequently disqualified from moving forward to the final evaluation. The three remaining responsive firms were invited to participate in selection interviews to further assess the proposed project teams and to determine which firm most closely aligned with the scope of work outlined in the RFP. The average scores of the evaluation completed by the interview panel are summarized in Table 2.
TABLE 2 – SELECTION INTERVIEW FIRM RANKING SUMMARY
Under the California Government Code Section 4526, local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications. For this reason, cost proposals are sealed until the selection process is completed. After thorough review, Parsons Transportation Group (Consultant) was selected as the highest-ranking proposer.
The Consultant demonstrated qualified experience and a comprehensive understanding relevant to the Project’s scope as outlined within the RFP. The City’s independent estimate for the Project Firm Name Proposal Scoring Initial Proposal Ranking
Parsons Transportation Group, Inc. 76.80 1
CNS Engineering, Inc. 76.60 2
SENER Engineering and Systems, Inc. Non-Responsive 3
Michael Baker International 73.80 4
TKE Engineering, Inc. Non-Responsive 5
Firm Name Interview Score Cost Proposal Qualification
Ranking
Parsons Transportation Group, Inc. 87.80 $399,751.05 1
Michael Baker International 80.80 $398,959.63 2
CNS Engineering, Inc. 78.80 $399,882.62 3
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
379 of 731
City of Menifee Staff Report
CIP 25-13 Parsons Agreement
August 20, 2025
2 8
3 4
was $420,000. The final cost proposal from the Consultant was $399,751.05, which was determined to be reasonable and within the established Project budget.
The amount of the proposed Agreement exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.060, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Agreement with Parsons Transportation Group, Inc. is for the total amount not-to-exceed $399,751.05. Funding for the Agreement is available in the Fiscal Year 2025/2026 budget from the Transportation Uniform Mitigation Fee (TUMF) Fund (4320- PWD-CIPS-900-02310-652800), as summarized in Table 3 below.
TABLE 3 – PROJECT BUDGET
Fund Project Account String Available Budget Anticipated Cost TUMF Fund CIP25-13.2310.PRE.CAE $500,000.00 $399,751.05 TOTAL $500,000.00 $399,751.05
No additional budget appropriation action is required.
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
380 of 731
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
381 of 731
2905/031858-0001
18155996.1 a05/08/25
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 25-13 ETHANAC ROAD/HWY 74 REALIGNMENT FEASIBILITY STUDY THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and PARSONS TRANSPORTATION GROUP, a California S-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 20, 2025 and shall end on December 31, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
382 of 731
2905/031858-0001
18155996.1 a05/08/25 -2-
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Three Hundred Ninety Nine Thousand Seven Hundred Fifty One Dollars and Five Cents ($399,751.05) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
383 of 731
2905/031858-0001
18155996.1 a05/08/25 -3-
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.
City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
384 of 731
2905/031858-0001
18155996.1 a05/08/25 -4-
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 1. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 2. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
2.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
385 of 731
2905/031858-0001
18155996.1 a05/08/25 -5-
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
386 of 731
2905/031858-0001
18155996.1 a05/08/25 -6-
(i) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (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, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(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 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 25- 13 ETHANAC ROAD/HWY 74 REALIGNMENT FEASIBILITY STUDY. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is:
City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
387 of 731
2905/031858-0001
18155996.1 a05/08/25 -7-
to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
388 of 731
2905/031858-0001
18155996.1 a05/08/25 -7-
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.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
389 of 731
2905/031858-0001
18155996.1 a05/08/25 -8-
SECTION 1. INDEMNIFICATION.
1.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
1.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
1.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
1.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 2. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
390 of 731
2905/031858-0001
18155996.1 a05/08/25 -9-
The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 1. LEGAL REQUIREMENTS.
1.1 Governing Law. The laws of the State of California shall govern this Agreement.
1.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
1.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
391 of 731
2905/031858-0001
18155996.1 a05/08/25 -10-
b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
392 of 731
2905/031858-0001
18155996.1 a05/08/25 -11-
d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
393 of 731
2905/031858-0001
18155996.1 a05/08/25 -12-
annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
394 of 731
2905/031858-0001
18155996.1 a05/08/25 -12-
extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 1. TERMINATION AND MODIFICATION.
1.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
1.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
1.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
1.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
1.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
1.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
1.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 18
Menifee Mayor and City Council
August 20, 2025
Page
395 of 731
2905/031858-0001
18155996.1 a05/08/25 -13-
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 19
Menifee Mayor and City Council
August 20, 2025
Page
396 of 731
2905/031858-0001
18155996.1 a05/08/25 -14-
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 20
Menifee Mayor and City Council
August 20, 2025
Page
397 of 731
2905/031858-0001
18155996.1 a05/08/25 -15-
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 Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 21
Menifee Mayor and City Council
August 20, 2025
Page
398 of 731
2905/031858-0001
18155996.1 a05/08/25 -15-
and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Rick McAlpin, Vice President (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 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. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
PARSONS TRANSPORTATION GROUP
Attn: Rick McAlpin, Vice President
3200 East Guasti Road, Suite 200
Ontario, CA 91761
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
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 22
Menifee Mayor and City Council
August 20, 2025
Page
399 of 731
2905/031858-0001
18155996.1 a05/08/25 -16-
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 23
Menifee Mayor and City Council
August 20, 2025
Page
400 of 731
2905/031858-0001
18155996.1 a05/08/25 -17-
coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 24
Menifee Mayor and City Council
August 20, 2025
Page
401 of 731
2905/031858-0001
18155996.1 a05/08/25 -17-
Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 25
Menifee Mayor and City Council
August 20, 2025
Page
402 of 731
2905/031858-0001
18155996.1 a05/08/25 -18-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Nicole Depuy, Vice President
Paul Walker, Vice President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 26
Menifee Mayor and City Council
August 20, 2025
Page
403 of 731
2905/031858-0001
18155996.1 a05/08/25
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 25-13 ETHANAC ROAD/HWY 74 REALIGNMENT FEASIBILITY STUDY services in the amount not to exceed Three Hundred Ninety Nine Thousand Seven Hundred Fifty One Dollars and Five Cents ($399,751.05) as further detailed in the following page(s).
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 27
Menifee Mayor and City Council
August 20, 2025
Page
404 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
SCOPE OF WORK
The purpose of this study is to better understand the impacts to existing facilities, drainage courses, environmental areas, right-of-way limitations, etc. that will help the City determine the type of infrastructure needed and to start coordination meetings with Caltrans, Riverside County Transportation Commission, Riverside County Transportation and Land Management Department, Utility Companies impacted by the proposed project and other agencies. The Feasibility Study will investigate the following:
- Existing and future traffic patterns
- Mapping and Right-of-way restrictions
- Existing railway future usage
- Drainage assessment
- Environmental assessment
- Geometric designs and rough cost estimates
- Purpose and Need Statement
In general, the professional consulting services to be furnished for this project will include but not be limited to: meetings including recording and distribution of meeting minutes, preliminary Traffic Studies, field surveys (as needed), development of exhibits, estimates, etc.
A. General:
1. Meetings:
As a minimum, the Consultant shall schedule and attend meetings in the planning phase as follows:
a. Kickoff meeting including sub-consultants (if any).
b. Conference Call Project Development Team (PDT) meetings, monthly or as needed.
Deliverables: Meeting Minutes
2. Schedule:
The project schedule shall be divided into tasks and subtasks in full detail including, but not limited to, City function timeline, critical path, and other outside sources such as agencies or utilities. Some of the tasks shall be, but are not limited to, planning, design, relevant City Council meetings, advertising, and construction. The schedule is to indicate anticipated durations for all tasks.
B. Preliminary Traffic Studies
The Consultant shall obtain existing AM and PM peak hour volumes from existing traffic models available, Riverside, Caltrans; available traffic studies from City and County General Plans, and traffic studies prepared by adjacent private developments (provided Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 28
Menifee Mayor and City Council
August 20, 2025
Page
405 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
by the City). Consultant shall evaluate and obtain updated traffic counts at the following intersections:
- Menifee Road/Highway 74
- Palomar Road/Highway 74
- Antelope Road/Highway 74
- 3rd Street/Highway 74
- Sherman Road/Highway 74
- Trumble Road/Highway 74
- Highway 74/I-215 Interchange
- Ethanac Road/I-215 Interchange
- Ethanac Road/Trumble Road
- Ethanac Road/Sherman Road
- Ethanac Road/Antelope Road
- Matthews Road/Palomar Road
- Menifee Road/Matthes Road
The compilation of the studies and data mentioned will be used to conduct analysis of Traffic Forecasts with and without the project. The analysis will present delays and level of service at each intersection. The Consultant shall use forecast volumes prepared by WRCOG.
Deliverables: Traffic Forecast Volumes.
C. Mapping and Right-of-Way
The Consultant shall determine existing-right-of-way, centerlines, property lines, existing easements, etc. from available sources of data (GIS, existing topography, and parcel maps). There shall be no topographic or imagery survey conducted with this phase of the work.
Deliverables: Survey mapping file (CAD)
D. Preliminary Drainage Assessment
The Consultant shall review and assess the potential impacts of existing drainage systems, watercourses, and other existing drainage facilities. The assessment shall identify and map the existing drainage facilities, provide information of the facilities (size, type, year built), and identify the required permits for design. The assessment shall also review the impacts the existing drainage facilities may have on geometric design and restrictions of the future interchange. No detailed Hydraulics and Hydrology is needed at this stage.
Deliverables: Preliminary Drainage Assessment Report and Map E. Preliminary Environmental Impact Assessment
The Consultant shall review and assess the potential impacts of existing environmental sensitive areas, endangered species present in the area, archeological sites of significance, visual and noise impact assessments, and other environmental constraints.
The assessment shall also review the impacts the existing environmental conditions may have on the geometric design and restrictions of the future grade separation. No detailed Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 29
Menifee Mayor and City Council
August 20, 2025
Page
406 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
environmental and technical studies are required for this phase of the work. Consultant shall gathered this information from readily available sources. This assessment shall be utilized in the Preliminary PEAR Data.
Deliverables: Preliminary Environmental Impact Assessment Report and Map F. Potential Geometric Designs and Rough Cost Estimate
The Consultant shall evaluate existing efforts made by the County of Riverside Transportation department and provide up to five potential geometric designs of the future realignment and Overpass in order of least impact to existing conditions first. A preliminary layout showing limits of proposed road layout, slopes, retaining walls shall be prepared for each geometric design.
The consultant shall also prepare a rough cost estimate based on the geometric design that provides the least impact to the existing conditions.
Deliverables:
5 Preliminary Geometric designs in PDF and CAD. The geometric design shall list and identify features of the proposed realignment and Overpass, including proposed right of- way.
Rough cost estimate of the least impact geometry. The cost estimate shall include:
Subsequent design phases of the work (PSR, PA&ED, PS&E), right-of-way costs, construction engineering costs, and construction costs (broken down by major components of construction).
G. Purpose and Need Statement
The Consultant shall analyze the available information gathered and other available data, documents and/or studies to resolve the project’s purpose and general scope. A Purpose and Need Statement shall be developed to be used in the PID and subsequent phases of the project design. The statement shall be in accordance with Caltrans guidelines in the Project Development Procedures Manual (PDPM), Chapter 1, Section 4; Chapter 8, Section 1.
Deliverables: Purpose and Need Statement
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 30
Menifee Mayor and City Council
August 20, 2025
Page
407 of 731
2905/031858-0001
18155996.1 a00/00/00
EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 31
Menifee Mayor and City Council
August 20, 2025
Page
408 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 32
Menifee Mayor and City Council
August 20, 2025
Page
409 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 33
Menifee Mayor and City Council
August 20, 2025
Page
410 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 34
Menifee Mayor and City Council
August 20, 2025
Page
411 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 35
Menifee Mayor and City Council
August 20, 2025
Page
412 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 36
Menifee Mayor and City Council
August 20, 2025
Page
413 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 37
Menifee Mayor and City Council
August 20, 2025
Page
414 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 38
Menifee Mayor and City Council
August 20, 2025
Page
415 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 39
Menifee Mayor and City Council
August 20, 2025
Page
416 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 40
Menifee Mayor and City Council
August 20, 2025
Page
417 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 41
Menifee Mayor and City Council
August 20, 2025
Page
418 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.11
Agreement with Parsons Transportation Group, Inc. for the Ethanac Road/Highway 74 Realignment Feasibility Study Project Item Page Number: 42
Menifee Mayor and City Council
August 20, 2025
Page
419 of 731
CITY OF MENIFEE
SUBJECT: Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with Kimley-Horn, Inc. for Architectural and Engineering Services for the Murrieta Road Widening Project, Capital Improvement Program (CIP) Project No. 25-03, for a total amount not-to-exceed $1,472,198 through December 31, 2026.
DISCUSSION
Murrieta Road is currently a two-lane rural corridor between Holland Road and Newport Road and is located in the southwestern portion of the City. Under the City’s General Plan, this segment of Murrieta Road is designated as an arterial roadway that would ultimately provide four total vehicle lanes. Due to the increased residential and commercial development within this area, there is a need for additional vehicle lanes to support the current and future traffic volumes. The proposed Murrieta Road Widening – Holland Road to Newport Road Project, CIP No. 25-03 (Project) would consist of widening the existing two-lane roadway to a four-lane corridor and establish horizontal and vertical alignments to meet the requirements of the California Highway Design Manual and City Standards.
On April 7, 2025, staff released a Request for Proposal (RFP) for Professional Design & Environmental Services. A total of twelve proposals were received. An evaluation committee comprised of five experienced City staff members evaluated the proposals based on the specific criteria and scoring parameters stated within the RFP. The results of the initial proposal scoring are shown in Table 1 on the following page.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
420 of 731
City of Menifee Staff Report
CIP 25-03 Kimley-Horn Agreement
August 20, 2025
2 8
3 7
TABLE 1 – PROPOSAL RANKING SUMMARY
Following the review and evaluation of proposals and to further assess the proposed project team to determine which firm most closely aligned with the scope of work outlined in the RFP, the top three scoring firms were subsequently invited to participate in selection interviews. The interview and selection processes were conducted in accordance with City purchasing guidelines. The interview provides an opportunity to meet and interact with each firm’s proposed project team and to further assess which firm offers the most technical expertise to deliver a successful project.
The average scores of the final evaluation, as completed by the interview panel, are summarized in Table 2 below.
TABLE 2 – SELECTION INTERVIEW FIRM RANKING SUMMARY
Under the California Government Code Section 4526, local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications. For this reason, cost proposals remain sealed until the selection process is completed.
Wood Rodgers received the highest qualified ranking in the selection interview, and staff proceeded to open Wood Rodgers’ cost proposal, which was well above the City’s approved Project budget. Staff proceeded to negotiate with Wood Rodgers to bring the cost within the Firm Name Proposal Scoring Initial Proposal
Ranking
Dokken Engineering 84.25 1
Kimley-Horn & Associates, Inc. 84.00 2
Wood Rodgers 83.75 3
Moffatt Nichol 80.50 4
BFK Engineers 79.00 5
Parsons 78.75 6
Glenn A. Rick Engineering 77.50 7
TKE Engineering, Inc. 77.25 8
NV5, Inc. 76.50 9
Southstar Engineering & Consulting, Inc. 76.25 10
Michael Baker International 74.50 11
Engineering Resources of Southern California 74.50 12
Firm Name Interview
Score
Cost
Proposal
Base Fee
Total Cost
Proposal
(with
options)
Final
Negotiated
Cost
Qualification
Ranking
Wood Rodgers 85.20 $3,190,132.14 $3,240,672.14 $1,499,996.18 1 Kimley Horn &
Associates, Inc. 80.00 $1,443,616.00 $1,652,631.00 $1,472,198.00 2 Dokken
Engineering 78.80 SEALED SEALED N/A 3
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
421 of 731
City of Menifee Staff Report
CIP 25-03 Kimley-Horn Agreement
August 20, 2025
2 8
3 7
available budget. Following extensive negotiation efforts, Wood Rodgers reduced their cost proposal, however, by reducing costs they severely diminished the scope of services that would be provided for the Project, and their proposal no longer aligned with the original intent of the RFP. Negotiations with Wood Rodgers were terminated, and staff proceeded to review the next highest-ranking firm’s cost proposal.
The City’s independent cost estimate for the design phase of the Project was $1.5 million. As the second highest ranking firm, Kimley-Horn & Associates, Inc.’s cost proposal of $1,472,198, was determined to be reasonable and within the established Project budget. After a thorough review, staff determined that Kimley-Horn & Associates, Inc.’s proposal satisfied the scope of work identified within the RFP to deliver a successful Project. Kimley-Horn’s proposal included all comprehensive services required to produce a high-quality, shovel ready project.
The amount of the proposed agreement exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.060, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Agreement with Kimley-Horn & Associates, Inc. is for the total amount not-to-exceed $1,472,198. Funding for the Agreement is available in the Fiscal Year 2025/2026 budget from the Menifee Valley Road and Bridge Benefit District (RBBD) Fund (4320- PWD-CIPS-900-02415-652800) and the Development Impact Fee (DIF) Citywide Circulation Fund (4320-PWD-CIPS-900-02526-652800), as summarized in Table 3 below.
TABLE 3 – PROJECT BUDGET
Fund Project Account String Available Budget Anticipated Cost Menifee Valley RBBD CIP25-03.2415.DES.CAE $300,000 $300,000 DIF Citywide Circulation CIP25-03.2526.DES.CAE $1,200,000 $1,172,198 TOTAL $1,500,000 $1,472,198
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
422 of 731
Gifhorn Ct
Edina Rd
Little
Camille Way
Cedar Oak Rd
W i l d e r n e s s W a y
Sol
Vista Dr
Canyon
Point Cir
C a n y o n T r a i l C t
Cowboy Ln
K i l l i n g t o n D r
Boulder Estates Way
R u s t l e r W a y
R
i m
C
r e
e
k
P
a
t h
A
l
a
m
o
C
t
Rancher Ln
C h e r r y B i r c h A v e
C h a n g i n g W i n d L n
C
a
n
a
r
y
P a
l m
C
i r
Surrey Rd
R
o
u
n
d
u
p
C
i
r
San Quintin Ave
B
r
i
a
r
w
o
o
d
C
i
r
B
r
a
m
b
l
e
w
o
o
d
C
i
r
G o l d e n r a i n D r
B
u
f
f
a
l o
C
i r
P
r
o
s
p
e
c
t
o
r
C
t
Geary St
A
m
b
u
s h
C t
L
i
l
a
c
V
i
e
w
C
i
r
Melvin St
P
a
i
n
t
e
d
D
a
i
s
y
C
i
r
G
l
e
n
h
a
v
e
n
P
l
Murrieta Rd
Harzburg Rd
C a r o b T r e e C i r
Cherry Plum Cir
A
l
e
p
p
o
P
i
n
e
C
i
r
B
o
u
l
d
e
r
R
i
d
g
e
W
a
y
S a n t a R o s a l i a D r
Boulder View Ct
V
i
a
C
a
b
a
n
a
L
a
P
i
e
d
r
a
R
d
Bauman Ln
S
i
l
v
e
r
B
i r
c
h
D
r
F
a
r
m
i
n
g
t
o
n
R
d
P
u
e
b
l
o
C
t
M
u
r
p
h
y
R
a
n
c
h
R
d
White Fir Dr
P h o e b e R d
Flaxleaf Dr
Caravan Ct
H
o
l
l
a
n
d
R
d
Red Fox Rd
P u e r t o V a l l a r t a W a y
N
e
w
p
o
r
t
R
d
Mountain Park Dr
LAKE ELSINORE
CANYON
LAKE
WILDOMAR
215
Holland Rd
Haun Rd
Newport Rd
L a P i e d r a
R d
R a i l r o a d
C a n y o n R d
N o r m a n d y R d
M
u
r
r
i
e
t
a
R
d
Antelope Rd
Bradley Rd
Goetz Rd
Map Symbology
CIP 25-03 0 0.09 0.18
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CIP Location Maps\CIP 25-03\ArcGIS Pro Project\ArcGIS Pro Project\ArcGIS Pro Project.aprx Date: 7/23/2025 ¹
Murrieta Road Widening (CIP 25-03)
Project Location Map
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
423 of 731
2905/031858-0001
18155996.1 a05/08/25
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 25-03 MURRIETA ROAD WIDENING (HOLLAND RD TO NEWPORT RD PROJECT) (PROFESSIONAL DESIGN AND ENVIRONMENTAL SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 20, 2025 and shall end on December 31, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
424 of 731
2905/031858-0001
18155996.1 a05/08/25 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed One Million Four Hundred Seventy Two Thousand One Hundred Ninety Eight Dollars and Zero Cents ($1,472,198.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
425 of 731
2905/031858-0001
18155996.1 a05/08/25 -3-
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.
City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
426 of 731
2905/031858-0001
18155996.1 a05/08/25 -4-
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
427 of 731
2905/031858-0001
18155996.1 a05/08/25 -5-
fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
428 of 731
2905/031858-0001
18155996.1 a05/08/25 -6-
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 25- 03 MURRIETA ROAD WIDENING (HOLLAND RD TO NEWPORT RD PROJECT) (PROFESSIONAL DESIGN AND ENVIRONMENTAL SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
429 of 731
2905/031858-0001
18155996.1 a05/08/25 -7-
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
430 of 731
2905/031858-0001
18155996.1 a05/08/25 -8-
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
431 of 731
2905/031858-0001
18155996.1 a05/08/25 -8-
b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
432 of 731
2905/031858-0001
18155996.1 a05/08/25 -9-
SECTION 1. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 2. LEGAL REQUIREMENTS.
2.1 Governing Law. The laws of the State of California shall govern this Agreement.
2.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
2.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
433 of 731
2905/031858-0001
18155996.1 a05/08/25 -10-
defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
434 of 731
2905/031858-0001
18155996.1 a05/08/25 -11-
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
435 of 731
2905/031858-0001
18155996.1 a05/08/25 -12-
18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
436 of 731
2905/031858-0001
18155996.1 a05/08/25 -12-
Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 18
Menifee Mayor and City Council
August 20, 2025
Page
437 of 731
2905/031858-0001
18155996.1 a05/08/25 -13-
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 19
Menifee Mayor and City Council
August 20, 2025
Page
438 of 731
2905/031858-0001
18155996.1 a05/08/25 -14-
and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
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.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 20
Menifee Mayor and City Council
August 20, 2025
Page
439 of 731
2905/031858-0001
18155996.1 a05/08/25 -15-
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 Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 21
Menifee Mayor and City Council
August 20, 2025
Page
440 of 731
2905/031858-0001
18155996.1 a05/08/25 -15-
constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Kari Cano (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Diego Guillen, Senior Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Kimley-Horn and Associates, Inc.
3880 Lemon Street, Suite 420
Riverside, CA 92501
Attn: Kari Cano
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Diego Guillen, Senior Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 22
Menifee Mayor and City Council
August 20, 2025
Page
441 of 731
2905/031858-0001
18155996.1 a05/08/25 -16-
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 23
Menifee Mayor and City Council
August 20, 2025
Page
442 of 731
2905/031858-0001
18155996.1 a05/08/25 -17-
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 24
Menifee Mayor and City Council
August 20, 2025
Page
443 of 731
2905/031858-0001
18155996.1 a05/08/25 -17-
interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 25
Menifee Mayor and City Council
August 20, 2025
Page
444 of 731
2905/031858-0001
18155996.1 a05/08/25 -18-
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
CONSULTANT
John Pollock, PE, Vice President
Davie Cowan, PE, Vice President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 26
Menifee Mayor and City Council
August 20, 2025
Page
445 of 731
2905/031858-0001
18155996.1 a05/08/25
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 25-03 MURRIETA ROAD WIDENING (HOLLAND RD TO
NEWPORT RD PROJECT) (PROFESSIONAL DESIGN AND ENVIRONMENTAL SERVICES) services in the amount not to exceed One Million Four Hundred Seventy Two Thousand One Hundred Ninety Eight Dollars and Zero Cents ($1,472,198.00) as further detailed in the following page(s).
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 27
Menifee Mayor and City Council
August 20, 2025
Page
446 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 28
Menifee Mayor and City Council
August 20, 2025
Page
447 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 29
Menifee Mayor and City Council
August 20, 2025
Page
448 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 30
Menifee Mayor and City Council
August 20, 2025
Page
449 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 31
Menifee Mayor and City Council
August 20, 2025
Page
450 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 32
Menifee Mayor and City Council
August 20, 2025
Page
451 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 33
Menifee Mayor and City Council
August 20, 2025
Page
452 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 34
Menifee Mayor and City Council
August 20, 2025
Page
453 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 35
Menifee Mayor and City Council
August 20, 2025
Page
454 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 36
Menifee Mayor and City Council
August 20, 2025
Page
455 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 37
Menifee Mayor and City Council
August 20, 2025
Page
456 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 38
Menifee Mayor and City Council
August 20, 2025
Page
457 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 39
Menifee Mayor and City Council
August 20, 2025
Page
458 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 40
Menifee Mayor and City Council
August 20, 2025
Page
459 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 41
Menifee Mayor and City Council
August 20, 2025
Page
460 of 731
2905/031858-0001
18155996.1 a05/08/25
EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 42
Menifee Mayor and City Council
August 20, 2025
Page
461 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 43
Menifee Mayor and City Council
August 20, 2025
Page
462 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 44
Menifee Mayor and City Council
August 20, 2025
Page
463 of 731
2905/031858-0001
18155996.1 a00/00/00
EXHIBIT A.
Item Title: 10.12
Agreement with Kimley-Horn, Inc. for Environmental and Civil Design Services for the Murrieta Road Widening Project Item Page Number: 45
Menifee Mayor and City Council
August 20, 2025
Page
464 of 731
CITY OF MENIFEE
SUBJECT: Agreement with the Romoland School District for the Grant of a Temporary Construction Easement for the McCall
Boulevard Widening Project
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Right-of-Way Contract and Grant of a Temporary Construction Easement, and all exhibits thereof, with the Romoland School District for the McCall Boulevard Widening – Oakhurst Avenue to Junipero Road Project, Capital Improvement Program (CIP) Project No. 22-03, for a total amount not-to-exceed $1,000.
DISCUSSION
The McCall Boulevard Widening – Oakhurst Avenue to Junipero Road Project, CIP Project No. 22-03 (Project), is located between Oakhurst Avenue (entrance to Menifee Global Medical Center) and Junipero Road. The existing roadway is currently two lanes for approximately a half mile before expanding to a four-lane roadway. Due to the increased residential and commercial development in this area, there is a need for additional vehicle lanes to support both current and future traffic volumes. Under the City’s General Plan, this segment of McCall Boulevard is designated as an arterial roadway that would ultimately be expanded to six total vehicle lanes.
The proposed Project would widen the existing two-lane road to a four-lane corridor and establish horizontal and vertical alignments to meet the requirements of the California Highway Design Manual and City Standards. The Project is currently in the final phase of design.
On June 21, 2023, the City Council approved a Professional Services Agreement (Agreement) with KOA Corporation (Consultant) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project. Included in the Consultant’s scope of work are right-of-way (ROW) engineering services. As part of the ROW efforts, a Temporary Construction Easement (TCE) would be required for a 4,120 square-foot portion of the property owned by the Romoland School District and identified as Assessor Parcel No. (APN) 333-070-041.
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
465 of 731
City of Menifee Staff Report
Romoland School District TCE for CIP 22-03
August 20, 2025
2 8
3 8
On August 21, 2024, staff received approval from the City Council during a closed session meeting to commence negotiations for the purchase of the TCE. The fair market value and just compensation outlined in the appraisal report prepared by the Consultant was valued at a total amount not-to-exceed $1,000 for the TCE. The proposed ROW Contract and Grant of Temporary Construction Easement are necessary to move the Project forward into the construction phase as temporary access to a portion of the identified property is required in order to conduct construction-related activities.
Pursuant to Menifee Municipal Code §3.12.200 all acquisitions of real property shall be approved by the City Council, including temporary agreements for the use of real property for a period of more than one day.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The total fiscal impact of the proposed ROW Contract and Grant of Temporary Construction Easement for the property identified as APN 333-070-041 is for the total amount not-to-exceed $1,000. Funding is available within the Transportation Uniform Mitigation Fee (TUMF) Fund (4320-PWD-CIPS-900-02310-690010), as summarized in Table 1 below.
TABLE 1 – PROJECT BUDGET
Fund Account Description Available Budget Anticipated Cost TUMF Fund CIP22-03.2310.ROW.CAE $1,809,336 $1,000
TOTAL $1,809,336 $1,000
ATTACHMENTS
1. Project Location Map
2. Right-of-Way Contract
3. Grant of Temporary Construction Easement
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
466 of 731
APN
333-070-041
Saddlecrest St
D
u
r
a
n
t
S
t
McCall Blvd
Brookford Ln
M
a
y
w
o
o
d
B
e
n
d
D
r
Woodside Way
S h a d e l R d
A
l m
o
n
t
W
a
y
Chambers Ave
White Oaks St
Palomar Rd
V i n
e
S
t
J
u
n
i
p
e
r o
R d
D
a
n
f o
r d
C
t
O
a
k
h
u
r
s
t
A
v
e
H o l l y o a k W a y
O
v
e
r
l a
n
d
W
a y
Fargo St
Summit St
LindenbergerRd
McCall Blvd
M
e
n
i
f
e
e
R
d
Simpson
Rd
Map Symbology
Parcels
Project Site
Temporary Construction Easement
0 0.06 0.11
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CIP Location Maps\CIP 22-03\ArcGIS Pro Project\CIP 22-03\CIP 22-03.aprx Date: 7/23/2025 ¹
McCall Blvd. Widening (CIP 22-03)
Project Location Map
From Oakhurst to Menifee
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
467 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
468 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
469 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
470 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
471 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
472 of 731
In Witness Whereof, the Parties have executed this Agreement on the day and year set forth below.
R�HOOL DISTRICT
�A�i2.-=
Name: ka�aV\ Ov.,i.o
Date: TT�)x
CITY OF MENIFEE, a California municipal corporation
Approved By:
By:---------------
Armando G. Villa, City Manager
Date: ____ _
APPROVED AS TO FORM:
By:---------
Jeffrey T. Melching, City Attorney
Attested By:
Stephanie Roseen, City Clerk
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
473 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
474 of 731
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Seclion 6103
APN: 333-070-041
FULL [ ] PORTION [X]
Exempt from Documentary Transfer Tax
Pursuant to R&T Code§ 11922
(Space above this line for Recorder's use)
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, Romoland School District ("Grantor"), hereby grants to the CITY OF MENIFEE, a municipal corporation ("City") a temporary construction easement (the " Temporary Construction Easement") in, on, over, along, through, upon, under and across that certain real property , described on Attachment "A" and depicted on Attachment "B" attached hereto and incorporated herein by this reference (the "Temporary Construction Easement Area"), for the following purposes:
A nonexclusive easement which permits City, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the Temporary Construction Easement Area, consisting of approximately 4,120 square feet, as reasonably necessary for all purposes incidental to the McCall Boulevard Widening Project (the "Project"). This Temporary Construction Easement shall include the right to perform within the Temporary Construction Easement Area, any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment, and material for all such necessary activities which are reasonably incidental to the work being performed on Temporary Construction Easement Area in connection with the approved plans for the Project; provided, however, this Temporary Construction Easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, nor to block vehicular access to the larger parcel of property of which the Temporary Construction Easement Area is a part ("Grantor's Property"), nor exercise the uses of the easement outside of the Temporary Construction Easement Area.
Such incidental activities shall include, but not be limited to, utilizing the Temporary Construction Easement Area for adjusting grade differentials between the planned Project and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, providing standard construction site control measures as may be reasonably necessary to allow the work which will be done pursuant to this Temporary Construction Easement in a safe and legal manner, and such work as may pertain to on-site improvements to render the Temporary Construction Easement Area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project, consistent with the Project to be constructed. To the extent legally permitted improvements are constructed on the Temporary Construction Easement Area, City shall protect or restore all improvements thereon. 2284/012225-0144
17549823.1 al0/01/24
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
475 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
476 of 731
IN WITNESS �EREOF, the Grantor and City hereto have caused this Easement Deed to be executed as of this IP day of "'Tu"-1€ , 202¢:5
ATTEST:
By:---------------
Stephanie Roseen, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Jeffrey T. Melching, City Attorney
2284/012225-0144
17549823.1 a!0/01/24
GRANTOR:
Romoland School District
��AaL-='---------
Name: Kove-n Owv-
Date: LI/ lP /:; (
CITY:
CITY OF MENIFEE, a California municipal
corporation
By: ______________ _
Armando G. Villa, City Manager
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
477 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
478 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
479 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
480 of 731
Item Title: 10.13
Agreement
with
the
Romoland
School
District
for
the
Grant
of
a
Temporary
Construction
Easement
for
the
McCall
Boulevard
Widening Project
Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
481 of 731
CITY OF MENIFEE
SUBJECT: Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project.
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project, Capital Improvement Program (CIP) Project No. 24-16, for a total amount not-to-exceed $159,683.50 through December 31, 2026.
DISCUSSION
The Quail Valley Park Project, CIP No. 24-16 (Project) is about 10.45 acres of mixed disturbed and undisturbed area. This property is located in the northwest quadrant of the City in the Quail Valley community, south of Newport Drive and west of Quail Place. The Project would construct a parking lot with Americans with Disabilities Act (ADA) compliant stalls, improve the existing field conditions to include nature trails, an exercise station, and install drinking fountains, fencing, covered sitting areas, and nature-inspired playground equipment.
Prior to the incorporation of the City in 2008, the Canyon Heights Homeowners Association (HOA) was responsible for the maintenance of a community park within the Quail Valley community.
However, the HOA later suspended maintenance of the park due to financial reasons, and public access to the park had been restricted by a perimeter fence which has been installed surrounding the property. In late 2024, the Canyon Heights homeowners voted to transfer land ownership to the City, which assumed ownership of the property in May 2025. As the new property owner, the City is responsible for the operation and maintenance of the property, with the goal of restoring public access to the park.
On May 16, 2025, staff released a Request for Proposal (RFP) for Landscape and Civil Design Services. A total of eight proposals were received. An evaluation committee, comprised of five Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
482 of 731
City of Menifee Staff Report
CIP 24-16 Landscape & Design PSA
August 20, 2025