2 9
9 6
The Project is now complete, and the bridge structure is fully operational and open to the public.
The final efforts to complete the Project included landscaping and irrigation work. As part of these efforts, coordination with Eastern Municipal Water District (EMWD) has been ongoing and resulted in several revisions to the landscaping plans. These plan modifications are required to comply with EMWD’s standards and have resulted in additional working days that were not previously anticipated. To allow for continued CM and inspection services, Southstar’s Agreement must also be extended, and their compensation increased to allow for the additional oversight efforts. The time extension and increased compensation under Amendment No. 5 are necessary to ensure that the City meets its obligations to complete all necessary administrative requirements to properly close out the Project with all external agencies, including California Department of Transportation (Caltrans), EMWD, Southern California Edison, and Valley-Wide Recreation and Park District (Valley-Wide).
Proposed Amendment No. 5 would increase Southstar’s agreement by $120,000, bringing the total not-to-exceed amount of the Agreement to $5,448,401.80. Southstar’s amendment history for the Project is summarized in Table 1 below.
TABLE 1 – SOUTHSTAR AGREEMENT HISTORY
Agreement Activity Approval Date Summary of Changes Value Original Contract 11/3/2021 Construction Management services $3,248,237.43 Amendment No. 1 11/15/2023 Additional CM Services due to unforeseen conditions $1,152,405.31
Amendment No. 2 9/4/2024 Additional CM Services due
resolution of disputed time delays $228,000.00
Amendment No. 3 4/2/2025 Additional CM Services due to
unanticipated delays $699,759.06
Amendment No. 4 9/10/2025 Term extension only
(administrative) -
Amendment No. 5 Pending
Additional delays related to
EMWD landscaping plan
modifications. Term extension
for project closeout.
$120,000.00
TOTAL $5,448,401.80
The construction work for the Project is now completed. There are remaining items required for Project close-out including a 90-day plant establishment period and inspection for landscaping installed within the Project area, which would be maintained collectively by Valley-Wide and the City. Additional close-out tasks also include preparation as-built plans and addressing administrative requirements within Caltrans’ right-of-way through completion of required forms, submittals, and finalizing Project costs. The City must receive Caltrans’ approval on these items and formal authorizations to present the Project to the City Council for acceptance and filing of the Notice of Completion.
Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the original agreement amount, or that exceed the City Manager’s signing authority, shall be approved by the City Council.
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 2
Menifee Mayor and City Council
October 15, 2025
Page
104 of 379
City of Menifee Staff Report
CIP 13-03 Southstar Amendment No. 5
October 15, 2025
2 9
9 6
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 5 to Southstar’s Agreement for construction management services is $120,000, for a total not-to-exceed Agreement amount of $5,448,401.80.
Funding for the proposed increase is available in the existing Fiscal Year 2025/2026 CIP project budget within the Transportation Uniform Mitigation Fee (TUMF) Fund, as summarized in Table 2 below.
TABLE 2 – EXISTING PROJECT BUDGET
Fund Project Account String Available Budget Amount Requested TUMF CIP13-03.2310.CMG.CAE $760,334.25 $120,000.00
Total $760,334.25 $120,000.00
No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Project Location Map
2. Amendment No. 5
3. Original Agreement
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 3
Menifee Mayor and City Council
October 15, 2025
Page
105 of 379
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 4
Menifee Mayor and City Council
October 15, 2025
Page
106 of 379
AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
This is Amendment No.5 (“Amendment No. 5”) to that certain Professional Services Agreement (“Agreement”) made on November 3, 2021 between the City of Menifee (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC. (“Consultant”) for CIP 13-03 HOLLAND ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on November 15, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on September 4, 2024 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on April 2, 2025 (“Amendment No. 3”), as amended by that certain Amendment No. 4 to the Agreement entered into on September 10, 2025 (“Amendment No. 4”), which this Amendment No. 5 is made and entered into on_________________, 2025 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 5 shall have the meanings ascribed to them in the Agreement.
1.1 Term of Services. The term of this Agreement shall begin on the November 3, 2021 and shall end on June 30, 2026 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
2.SECTION 2, “Compensation” is amended to increase the maximum compensation by One Hundred Twenty Thousand and Zero Cents ($120,000.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Five Million Four Hundred Forty Eight Thousand Four Hundred One Dollars and Eighty Cents ($5,448,401.80) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 5
Menifee Mayor and City Council
October 15, 2025
Page
107 of 379
AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide CIP 13-03 HOLLAD ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES), in the amount not to exceed Five Million Four Hundred Forty Eight Thousand Four Hundred One Dollars and Eighty Cents ($5,448,401.80) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 5 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE SOUTHSTAR ENGINEERING &
CONSULTING, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Amr Abuelhassan, Executive Vice President Attest: ________________________________
Jason Bennecke, Executive Vice President
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 6
Menifee Mayor and City Council
October 15, 2025
Page
108 of 379
AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 7
Menifee Mayor and City Council
October 15, 2025
Page
109 of 379
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[Attached on the following pages]
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 8
Menifee Mayor and City Council
October 15, 2025
Page
110 of 379
EXHIBIT A
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 9
Menifee Mayor and City Council
October 15, 2025
Page
111 of 379
EXHIBIT A
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 10
Menifee Mayor and City Council
October 15, 2025
Page
112 of 379
2671/031858-0001
7630376.2 a09/23/21
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03: HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _ ______ day of _____________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the ter ms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on Novemeber 3, 2021 and shall end on June 30 , 2024 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants t hat Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreemen t in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonabl y necessary to satisfy Consultant’s obligations hereunder.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 November3rd
Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 11
Menifee Mayor and City Council
October 15, 2025
Page
113 of 379
2671/031858-0001
7630376.2 a09/23/21 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THREE MILLION TWO
HUNDRED FORTY EIGHT THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND FORTY THREE CENTS ($3,248,237.43) notwithstanding any contrary indications that may be contained in Consultant’s pr oposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Ser vices, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 12
Menifee Mayor and City Council
October 15, 2025
Page
114 of 379
2671/031858-0001
7630376.2 a09/23/21 -3-
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 13
Menifee Mayor and City Council
October 15, 2025
Page
115 of 379
2671/031858-0001
7630376.2 a09/23/21 -4-
and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insuran ce shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 14
Menifee Mayor and City Council
October 15, 2025
Page
116 of 379
2671/031858-0001
7630376.2 a09/23/21 -5-
against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence fo rm CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be i ncluded in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement prof essional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 15
Menifee Mayor and City Council
October 15, 2025
Page
117 of 379
2671/031858-0001
7630376.2 a09/23/21 -6-
right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insur ance must include the following reference: CIP 13-03: HOLLAND ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; prim ary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursu ant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a pri mary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 16
Menifee Mayor and City Council
October 15, 2025
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subj ect to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind ( including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 17
Menifee Mayor and City Council
October 15, 2025
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5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemn ification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City fro m liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personne l pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding a ny other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensati on, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 18
Menifee Mayor and City Council
October 15, 2025
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreem ent unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defi ned by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Co nsultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 19
Menifee Mayor and City Council
October 15, 2025
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation t o provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance b y Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obli gations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 20
Menifee Mayor and City Council
October 15, 2025
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Pe rformance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior writte n consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limite d to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, fr om the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 21
Menifee Mayor and City Council
October 15, 2025
Page
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9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separat e action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreem ent, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this A greement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Jason Bennecke (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 22
Menifee Mayor and City Council
October 15, 2025
Page
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10.8 City Contract Administration . This Agreement shall be administered by a City employee, Carlos Geronimo, Principal Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
SOUTHSTAR ENGINEERING & CONSULTING, INC
Attn: Jason Bennecke
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with repo rt/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 23
Menifee Mayor and City Council
October 15, 2025
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 24
Menifee Mayor and City Council
October 15, 2025
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IN WITNESS WHEREOF, the Parties hereto have executed and entered i nto this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Amr Abuelhassan, Executive Vice
President/CFO
Yvette Kirrin, President
[Corporation must have two signatures]
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 25
Menifee Mayor and City Council
October 15, 2025
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Construction Management Services for CIP 13-03: Holland Road Overpass Project in amount not to exceed THREE MILLION TWO HUNDRED FORTY EIGHT
THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND FORTY THREE CENTS ($3,248,237.43) as further detailed in the following page(s).
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 26
Menifee Mayor and City Council
October 15, 2025
Page
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement Amendment with Southstar Engineering & Consulting, Inc., for Construction Management Services for the Holland Road/I-215 Overcrossing Project Item Page Number: 27
Menifee Mayor and City Council
October 15, 2025
Page
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement Amendment with Southstar Engineering & Consulting, Inc., for Construction Management Services for the Holland Road/I-215 Overcrossing Project Item Page Number: 28
Menifee Mayor and City Council
October 15, 2025
Page
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 29
Menifee Mayor and City Council
October 15, 2025
Page
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 30
Menifee Mayor and City Council
October 15, 2025
Page
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 31
Menifee Mayor and City Council
October 15, 2025
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 32
Menifee Mayor and City Council
October 15, 2025
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 33
Menifee Mayor and City Council
October 15, 2025
Page
135 of 379
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 34
Menifee Mayor and City Council
October 15, 2025
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2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 35
Menifee Mayor and City Council
October 15, 2025
Page
137 of 379
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 36
Menifee Mayor and City Council
October 15, 2025
Page
138 of 379
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 37
Menifee Mayor and City Council
October 15, 2025
Page
139 of 379
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 38
Menifee Mayor and City Council
October 15, 2025
Page
140 of 379
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 39
Menifee Mayor and City Council
October 15, 2025
Page
141 of 379
2671/031858-0001
7630376.2 a09/23/21 EXHIBIT A.
DocuSign Envelope ID: E7777F55-9830-40A6-A644-509424D1C821 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Item Title: 10.9
Agreement
Amendment
with
Southstar
Engineering
&
Consulting,
Inc.,
for
Construction
Management
Services
for
the
Holland
Road/I-215 Overcrossing Project
Item Page Number: 40
Menifee Mayor and City Council
October 15, 2025
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CITY OF MENIFEE
SUBJECT: Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project
MEETING DATE: October 15, 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 Contract Change Order No. 7 with Optima RPM, Inc. for the Central Park Amphitheater Capital Improvement Program (CIP) Project No. 19-15, increasing the contract amount by $182,499.11, for a total contract value amount not- to-exceed $5,574,298.22, and increasing the working days by 67, for a total amount of 398 working days; and
2. Adopt two budget amendment resolutions appropriating $47, 396 for the transfer out of the Development Impact Fee (DIF) Citywide – Park Improvements Fund 2522 and the transfer in and expenditures within the Capital Projects Fund 4320 to the Project account.
DISCUSSION
The Central Park Amphitheater, CIP Project No. 19-15 (Project), consists of the construction of a new amphitheater located at Central Park. The amphitheater is comprised of two separate and unique structures, including the main shade structure and the rear storage and preparation area.
Once complete, the amphitheater could host large City events, concerts, and performances. The Project is being constructed in coordination with several concurrent improvements located at Central Park. The Civic Center Parking Lot project is nearly complete, which would provide permanent parking for community events, as well as for the future Menifee City Hall. Additionally, the Paloma Wash Pedestrian Bridge project is underway with installation of the prefabricated bridge structure scheduled to be completed in mid-December. Collectively, these projects would enhance accessibility and connectivity to existing and future infrastructure for the community.
On December 6, 2023, the City Council awarded the construction services contract to Optima RPM, Inc. (Contractor) in the amount not -to-exceed $5,133,426.31. Construction work for the Project began in February 2024. Although staff makes every effort to carefully study and anticipate Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 1
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October 15, 2025
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City of Menifee Staff Report
CIP 19-15 CCO No. 7
October 15, 2025
the extent of the scope of work required to achieve project goals, unforeseen needs are often encountered as a project progresses. Unknown site conditions, utility conflicts, design clarifications, and additional expenses to comply with contract documents, may result in additional work in excess of the original scope and contract amount. Throughout the duration of the Project, several change orders have been necessary to accommodate unanticipated costs associated with construction efforts. These changes are addressed in the form of a Contract Change Order (CCO).
Following extensive negotiations with the Contractor, S taff established a strategy that both safeguards fiscal responsibility and positions the Project for long -term success. While the amphitheater is on temporary hold, this period is being used productively as the signature components are fabricated. The intr icate glue- laminated beams are being crafted by Blumer Lehman of Switzerland, while Birdair concurrently fabricates the custom shell structure. With two highly regarded firms leading this effort, the P roject is well positioned to resume construction seamlessly and advance toward delivering a landmark community venue . These materials are anticipated to arrive in May 2026. Under CCO No. 7, staff recommends awarding the Contractor an additional 67 working days upon delivery of the beams to ensure continued progress toward Project completion. The additional working days would position the Project for a smooth transition into the final construction phase.
During construction of the foundations and curved concrete walls, additional quantities of steel and concrete were required to meet the specifications outlined in the Project’s construction documents. These overages were reviewed and deemed necessary by the City’s Construction Management team and are included in the proposed CCO No. 7. In addition, CCO No. 7 introduces an important refinement to the payment structure by transitioning from a Bid Unit Quantity format to a Schedule of Values (SOV) lump- sum format. This shift would eliminate financial uncertainties, streamline approvals, and provide greater predictability and stability for the remaining items included in the scope of work.
Significant progress has been made on- site, establishing a strong foundation for Project completion. All structural foundations are finished, the backstage room walls are approximately 80% complete, and the concrete planters are fully constructed. These milestones demonstrate steady advancement and position the Project to move forward efficiently once the specialized materials arrive. In parallel, staff w ould continue planning efforts for amphitheater programming and management to ensure the facility is operated to the highest standards and serves the community with the best possible uses upon opening.
The approval of CCO No. 7 would increase the total value of the Contractor’s contract to a total amount not-to-exceed $5,574,298.22 and would increase the total amount of working days to 398.
A summary of CCO No. 7 and all previous CCOs are outlined in Table 1 on the following page.
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 2
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October 15, 2025
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City of Menifee Staff Report
CIP 19-15 CCO No. 7
October 15, 2025
TABLE 1 – CONTRACT ACTIVITY SUMMARY
Contract
Activity
Approval
Date Summary of Changes Working
Days Amount
Original
Contract 12/6/2023 Construction Services 260 $5,133,426.31 CCO No. 1 8/12/2024 Provide and Install Rigid conduit 0 $25,166.00 CCO No. 2 10/13/2024 Temporary power modifications 0 $9,329.76 CCO No. 3 4/15/2025 Extension of working days 71 $0.00 CCO No. 4 2/7/2025 Excavate around pull box in slope
behind storage 0 $3,248.00
CCO No. 5 4/15/2025 Furnish and install acoustic louvers 0 $77,677.13 CCO No. 6 4/15/2025 Fire Sprinkler System 0 $142,951.91 CCO No. 7 Pending
Approval
Material Quantity Overages and
Extension of Time 67 $182,499.11
Totals: 398 $5,574,298.22
The Project budget must be increased in corresponding revenues to support the additional unanticipated construction costs outlined above. Staff has identified $47,396 in available fund balance within the Development Impact Fee (DIF) Citywide – Park Improvements Fund to support the additional costs included in proposed CCO no. 7 for the Project. These funds were originally programmed into the fiscal year (FY) 2024/2025 CIP budget for the La Ladera Park Enhancements Project, CIP No. 24-12. A tax assessment levied for the west side area, known as the County Service Area (CSA) Fund 145, resulted in a one-time payment, which was ultimately appropriated into the budget for the La Ladera Park Enhancements project, replacing the originally programmed DIF Citywide – Park Improvements Funds. City Council action is required for approval of the proposed B udget Amendment Resolutions (BAR) as it would result in an increase to the FY 2025/2026 CIP budget.
The amount of CCO No. 7 is $182,499.11, bringing the cumulative total of all CCOs to $440,871.91, or 8.59% of the original contract amount. The amount of CCO No. 7 exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24 -1569 and Menifee Municipal Code §3.12.150, amendments or change orders in the aggregate amount greater than 10% of the agreement amount, that exceed a time extension of 120 days, or that exceed the City Manager’s signing authority, shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
The fiscal impact of proposed CCO No. 7 is $182,499.11. If approved, the total contract value for the Contractor would be increased to a total amount not-to-exceed $5,574,298.22. Partial funding for CCO No . 7 is available in the existing FY 2025/2026 CIP project budget as summarized in Table 2 on the following page.
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 3
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October 15, 2025
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City of Menifee Staff Report
CIP 19-15 CCO No. 7
October 15, 2025
TABLE 2 – AVAILABLE PROJECT BUDGET
Fund Project Account String Available
Budget
Anticipated
Cost
General Fund CIP19-15.1100.CON.CAE $21,911 $21,911
DIF 17 – Parks CIP19-15.2511.CON.CAE $14,908 $14,908
DIF Citywide – Park
Improvements CIP19-15.2522.CON.CAE $6,195 $53,591
Quimby CIP19-15.2620.CON.CAE $42,090 $42,090
Facilities CIP19-15.1116.CON.CAE $50,000 $50,000
TOTAL $135,104 $182,500
The proposed CCO No. 7 would require an additional budget appropriation in the amount of $47,396 to supplement the current available Project budget. If approved, BARs be issued for a transfer of the fund balance from the DIF Citywide – Park Improvements Fund to the Capital Projects Fund, and an appropriation within the Capital Projects Fund for the expenditures (4320- PWD-CIPS-906-02522-690050). The transfer is permitted per Resolution No. 25- 1593 and the $47,396 appropriated through the proposed BARs would cover CCO No. 7, as summarized in Table 3 below.
TABLE 3 - PROPOSED PROJECT BUDGET
Fund Project Account String Beginning
Budget
Proposed
Additional
Budget
Adjusted
Budget
DIF Citywide –
Park Improvements CIP 19-15.2526.CON.CAE $6,195 $47,396 $53,591 TOTAL $6,195 $47,396 $53,591
ATTACHMENTS
1. Project Location Map
2. CCO No. 7
3. Original Contract
4. BAR – Fund 2522
5. BAR – Fund 4320
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Project Location
N
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 5
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P.O. #: 24100102
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
ITEM U/M QUANTITY % CHANGE UNIT PRICE TOTAL
1 LB 23,146.00 4.50$ 104,157.00$
2 CY 10.63 270.00$ 2,870.10$
3 CY 9.42 1,296.00$ 12,208.32$
4 SF 819 8.00$ 6,552.00$
5 LF 551 43.00$ 23,693.00$
6 LS 1 33,018.69$ 33,018.69$
7 days 67 -$
8 -$
-$
-$
-$
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: 182,499.11$ JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) 67 ADDITIONAL WORKING DAYS WILL BE GRANTED TO CONTRACTOR DUE TO:
CONTRACT CHANGE ORDER NO. __7_____
Optima RPM
DESCRIPTION
Bid Item12: Reinforcing Steel
1-5: These items corespond to various material quanitity overages beyond the quantities stated in the bid schedule and are subject to payment at unit price. The additional material overages were inspected during placement and final quantities approved by the City's inspection team. 6: This item corresponds to additional concrete that was used for the Cast-in-place Holes. The City and Contractor agreed to pay this item at 7: This item will add additional time to the contract to perfrom all necessary work to deliver the project. The additioal time will start at the time the first delivery of Glue Laminated beams arrives to the site. There is no compensation for the addition of time.
Bid Item 42: New 3" PVC DB electrical
CIDH concrete material
Additional time
Itemized Unit Price Structure to Schedule
of Values Price Structure Change
CIP No. 19-15
PROJECT NAME:
PROJECT NO:
CONTRACTOR:
8: This item will change the format of the original Bid Unit Quantity price structure to a Schedule of Values (SOV) Lump Sum structure. The change will be effective on the remaining cost of the project and scope of work left to complete. This item will change the method of billing and payment to the contractor. The project will be delivered turn-key as per the Construction Documents (Plans and Specifications) as originally approved. Any previous and subsequent Change Orders will not be included in the SOVs. (see attached) This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.
actual cost of the delivered material (see attached invoices) since there was not a bid item for this work. 8/15/2025DATE:
Bid Item14: Structure Excavation
Bid Item19: Concrete - Planters
Central Park Amphitheater
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project. Work items shall include labor, materials, neccesary for the performance and completion of the additional work.equipment, traffic control, and incidentals.
Bid Item 21: Minor Concrete Demo
Substitution of glue laminated beam manufacture requested by the contractor and subsequent work required to complete the M:\Public Works Department\_Public Works Projects\CIP Projects\19-15 Central Park Amphitheater\D- Construction\C-5 Change Orders (CCO) & Supporting Docs\COR #7\CCO 7 - Material Quantity Overages Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 6
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PREVIOUS
CCO # Amount % Additional Time Date Approved
1 25,166.00$ 0.49% 0 8/12/2024
2 9,329.76$ 0.18% 0 10/13/2024
3 -$ 0.00% 71 4/15/2025
4 3,248.00$ 0.06% 0 2/7/2025
5 77,677.13$ 1.51% 0 4/15/2025
6 142,951.91$ 2.78% 0 4/15/2025
0.00%
0.00%
Totals 258,372.80$ 5.03% 71
CURRENT
CCO # Amount % Additional Time Date Approved
7 182,499.11$ 3.56% 67
440,871.91$ 8.59% 138
February 5, 2024
February 19, 2025
221
June 2, 2025
6/30/2025
5/18/2026
67 AUTHORIZATION BY CITY: 8/21/2026
Recommended for approval by:
Date: __________ ____________________________________ Date: __________ CM Name and Tile (City Project Manager)
Approved by:
Date: __________ ____________________________________ Date: __________ (PW Director/City Engineer) (City Manager)
ACCEPTANCE BY CONTRACTOR:
Accepted by: ___________________________________Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Date Work Suspended
Date Work resumes (estimated)
Additional Time (Working Days)
Revised Completion Date (estimated):
Provide and Install Rigid conduit
Current Change Order Amount:
CONTRACT VARIANCE SUMMARY
TOTAL ALL CCOs
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto.
Date Started:
Original Completion Date:
Additional Time (Working Days)
_____________________________
182,499.11$
5,574,298.22$
_____________________________
Furnish and Install Wood Louvers
Excavate around Pull box
5,133,426.31$
Temporary power modifications
Extension of Time
Fire Sprinkler System
Material Quantity Overages
Description
258,372.80$ Previous Change Order Amounts:
Description
Revised Contract Amount:
Original Contract Amount:
Revised Completion Date:
M:\Public Works Department\_Public Works Projects\CIP Projects\19-15 Central Park Amphitheater\D- Construction\C-5 Change Orders (CCO) & Supporting Docs\COR #7\CCO 7 - Material Quantity Overages Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 7
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October 15, 2025
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Item Title: 10.10
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STATE OF CALIFORNIA ● DEPARTMENT OF TRANSPORTATI
VENDOR'S CERTIFICATE OF COMPLIANCE
8-C78 (REV. 1/08)
□ PRECAST CONCRETE PRODUCTS OR □
TO:
STATE HIGHWAY ENGINEER
CEMENT BRAND MILL LOCATION
TYPE
1. B
RAND MANUFACTURER
TYPE
2. BRAND MANUFACTURER
TYPE
MANUFACTURER CLASS
DELIVERED DATE (Ready-mix.) DATES OF FABRICATION (PRECAST) 890868
890873
890876
890885
890886
MANUFACTURER OF CONCRETE PRODUCTS
By: AUTHORIZED REPRESENTATIVE SIGNATURE
CHEMICAL ADMIXTURES
No. 240221
RRM24030
Ready Mix
Optima RPM
We certify that the portland cement, chemical and mineral admixtures contained in the material described below are brands stated and comply with specifications for:
CONTRACT NUMBER: 421
Mitsubishi
Lucerne Valley
3/13/2024
GCP Applied Tech
GCP Applied Technologies
ADVA
GCP Applied Tech
GCP Applied Technologies
ZYLA 625
□ CHECK BOX IF A CHEMICAL ADMIX WAS NOT USED
MINERAL ADMIXTURES
Eco Materials F
□ CHECK BOX IF A MINERAL ADMIX WAS NOT USED
ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacrament, CA 95814
LIST PRODUCTS TO WHICH CERTIFICATE APPLIES. (Show size and lin. Ft. of pipe, etc., delivery slip numbers for ready-mix.)
ROBERTSON'S READY MIX
WHITE - Res. Engr. YELLOW - Contractor PINK - Vendor
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Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 16
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STATE OF CALIFORNIA ● DEPARTMENT OF TRANSPORTATI
VENDOR'S CERTIFICATE OF COMPLIANCE
8-C78 (REV. 1/08)
□ PRECAST CONCRETE PRODUCTS OR □
TO:
STATE HIGHWAY ENGINEER
CEMENT BRAND MILL LOCATION
TYPE
1. BRAND MANUFACTURER
TYPE
2. BRAND MANUFACTURER
TYPE
MANUFACTURER CLASS
DELIVERED DATE (Ready-mix.) DATES OF FABRICATION (PRECAST) 890998 891015
890999 891016
891003
891008
891014
MANUFACTURER OF CONCRETE PRODUCTS
By: AUTHORIZED REPRESENTATIVE SIGNATURE
ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacrament, CA 95814
LIST PRODUCTS TO WHICH CERTIFICATE APPLIES. (Show size and lin. Ft. of pipe, etc., delivery slip numbers for ready-mix.)
ROBERTSON'S READY MIX
WHITE - Res. Engr. YELLOW - Contractor PINK - Vendor
3/14/2024
GCP Applied Tech
GCP Applied Technologies
ADVA
GCP Applied Tech
GCP Applied Technologies
ZYLA 625
□ CHECK BOX IF A CHEMICAL ADMIX WAS NOT USED
MINERAL ADMIXTURES
Eco Materials F
□ CHECK BOX IF A MINERAL ADMIX WAS NOT USED
CHEMICAL ADMIXTURES
No 240222
RRM24030
Ready Mix
Optima RPM
We certify that the portland cement, chemical and mineral admixtures contained in the material described below are brands stated and comply with specifications for:
CONTRACT NUMBER: 421
Mitsubishi
Lucerne Valley
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STATE OF CALIFORNIA ● DEPARTMENT OF TRANSPORTATI
VENDOR'S CERTIFICATE OF COMPLIANCE
8-C78 (REV. 1/08)
□ PRECAST CONCRETE PRODUCTS OR □
TO:
STATE HIGHWAY ENGINEER
CEMENT BRAND MILL LOCATION
TYPE
1. BRAND MANUFACTURER
TYPE
2. BRAND MANUFACTURER
TYPE
MANUFACTURER CLASS
DELIVERED DATE (Ready-mix.) DATES OF FABRICATION (PRECAST) 891074
891095
MANUFACTURER OF CONCRETE PRODUCTS
By: AUTHORIZED REPRESENTATIVE SIGNATURE
CHEMICAL ADMIXTURES
No 240223
RRM24030
Ready Mix
Optima RPM
We certify that the portland cement, chemical and mineral admixtures contained in the material described below are brands stated and comply with specifications for:
CONTRACT NUMBER: 284
Mitsubishi
Lucerne Valley
3/15/2024
GCP Applied Tech
GCP Applied Technologies
ADVA
GCP Applied Tech
GCP Applied Technologies
ZYLA 625
□ CHECK BOX IF A CHEMICAL ADMIX WAS NOT USED
MINERAL ADMIXTURES
Eco Materials F
□ CHECK BOX IF A MINERAL ADMIX WAS NOT USED
ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacrament, CA 95814
LIST PRODUCTS TO WHICH CERTIFICATE APPLIES. (Show size and lin. Ft. of pipe, etc., delivery slip numbers for ready-mix.)
ROBERTSON'S READY MIX
WHITE - Res. Engr. YELLOW - Contractor PINK - Vendor
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 25
Menifee Mayor and City Council
October 15, 2025
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Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 26
Menifee Mayor and City Council
October 15, 2025
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Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 27
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October 15, 2025
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CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
CIP 19-15 CENTRAL PARK AMPHITHEATER PROJECT
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2023 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and OPTIMA RPM, INC , a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agr eement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services ”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Serv ices. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on December 6, 2023.
Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work . As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described her ein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA December6th
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 28
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all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulat ions, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipme nt or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non -conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sol e cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obta ined by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 29
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guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier , hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance . The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with resp ect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel . Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during t he term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.
1.6 Force Majeure . The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 30
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shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Serv ices for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services . The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediatel y comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite . By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the condition s there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact a nd shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties . Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 31
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October 15, 2025
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SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Five Million One Hundred Thirty Three Thousand Four Hundred Twenty Six Dollars and Thirty One Cents ($5,133,426.31) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section
8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses b y the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub - contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 32
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Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City , in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation . The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services . At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is m odified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination . In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver . Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment . Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation . Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated dama ges for delay arising from the removal or relocation of such unidentified utility facilities.
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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3.3 Trenches or Excavations . Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer , in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from th e shoring system st andards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bond s required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City , and has delivered the required bonds to City. Verification of the required insurance shall be submi tted and made part of this DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter - insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor ’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 36
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an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separatel y 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 persona l injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance . Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 19- 15 CENTRAL PARK AMPHITHEATER PROJECT . The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage . Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Co ntractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non -contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage . The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self -Insured Retentions . Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrato r, Contractor may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deduct ible or self -insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties o f any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that C ontractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agree ment and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services und er this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement , City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Servi ces hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contra ctor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be indep endently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages . Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws , including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code . It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non -payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(i) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
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(ii) Pursuant to California Labor Code Section 1810 , it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iii) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (iv) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810 ), Chapter 1, Part 7, Division 2 of the California Labor Code.
(v) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub -consultants or subcontractors employed by Contractor in connection with this Agreement.
(vi) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring . Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wa ges and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest . Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of C ontractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders f inal payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding . In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may b e specifically approved by the Contract Administrator.
8.4 Administrative Change Orders . City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perfo rm of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor wi th compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extensi on period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.
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professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data . All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnet ically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrest ricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpe tual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials . Contractor makes no such representation and w arranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Und er California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is g reatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
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10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provi sions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement f or directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
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10.8 City Contract Administration . This Agreement shall be administered by a City employee, Nancy Rodriguez , Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Attn: Maykel Hanna
17945 Sky Park Circle, Suite D
IRVINE, CA 92614
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management Analyst
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail. Either Par ty may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
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for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 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 s o executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification i ncluding, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Rebekah Kramer, Acting City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Mohamed Mamoun, President-CEO
Maykel Hanna, VP-RMO-Secretary
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SPECIAL REQUIREMENTS
INTENTIONALLY LEFT BLANK
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include CIP 19-15 CENTRAL PARK AMPHITHEATER PROJECT services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed Five Million One Hundred Thirty Three Thousand Four Hundred Twenty Six Dollars and Thirty One Cents ($5,133,426.31) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applica ble shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: #59B Central Park Amphitheater CIP 19-15 (Rebid).
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EXHIBIT B
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CITY OF MENIFEE
SUBJECT: Agreement and Bid Award to Optima RPM, Inc. for the Central Park Amphitheater Project Construction
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a construction contract with Optima RPM, Inc. for the construction of the Central Park Amphitheater in the amount not-to-exceed $5,133,427; and
2. Adopt four budget amendment resolutions for revenue and/or expenditure appropriation in the amount of $1,841,667 from available ARP fund balance to Account 301-4555-58079 and 301- 3742, $905,535 from available fund balance in Fund 620 Local Parks (Account 620-4555- 58079), $219,088 to DIF Citywide Park (Account 522-4555-58079), and $789,683 to General Fund (Account 100-4555-58079).
DISCUSSION
As part of the newly adopted Strategic Plan, the City has increased its focus on community engagement and social infrastructure by focusing on opportunities where residents can gather and engage with the community. Within the approved CIP fiscal year 2023/24 budget, approximately 75% of funds have been reserved for transport, traffic, and pavement projects within only a small amount reserved for Parks, Trails, and Recreation. On March 3, 2021, the City Council unanimously approved the conceptual design for the Central Park Amphitheater. The conceptual design presented was approved after years of progressive work from a simple shade structure to a sophisticated and premiere architectural centerpiece for the City. The amphitheater would be used for annual City events as well as to hold concerts and art shows by local musical groups and performers.
On June 2, 2021, the City Council authorized a professional services agreement with TYLin International (“TYLin”) for the full design, engineering, and architectural services of the amphitheater. Taking into consideration the previously approved conceptual design, TYLin was Item Title: 12.1
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able to complete the comprehensive final design allowing staff to proceed with the construction phase of the project. The design included two separate and unique structures: the main shade structure and the rear storage and preparation area.
In order to move forward with the Project, there are three separate agreements for the City Council to take into consideration including construction, design support services and construction management services, beginning with the agreement with Optima RPM, Inc., for Project construction.
As required by the California Public Contract Code (CPCC), on August 11, 2023, a construction bid was released using the plans prepared by TYLin for the Capital Improvement Project (CIP) No. 19-15 Central Park Amenities Project (“Project”). The bid was advertised for 46 days with a bid opening date of August 11, 2023. The City received a total of four bids with only three bids being considered responsive. The nonresponsive bid did not meet all City requirements for the solicitation. Given that the lowest responsive bid amount was higher-than-expected and above the available budget, on September 6, 2023 the City Council approved the rejection of all four bids.
After the rejection of the bids, staff reviewed the bid documents and concluded that there were specific bid items listed that could be adjusted and/or removed to lower the cost of the project.
These items included sound and lighting features that would not be integral to the construction of the structure. By re-bidding the Project, staff were hopeful that they would be able to obtain a cost closer to the project’s approved budget.
On September 7, 2023, a Notice of Inviting Bid (NIB) was advertised for four weeks with an opening date of October 5, 2023. Taking into consideration the results of the previous NIB, the bid items were separated into two categories. The bidders were asked to provide pricing for the required items which are integral to the construction of the structure and pricing for the audio- visual items that were determined to be optional add-ons. The optional add-ons include features such as the Menifee sign, the loudspeakers, various lighting features, and the demolition of the existing curb-gutter.
The CPCC states that for public projects, the contract shall be awarded to the lowest responsive bidder. Five bids were received with four bids being considered responsive as shown in Table 1 on the following page. The nonresponsive bid did not meet all City requirements for the solicitation having had missed the required hardcopy documents.
Table 1 – Construction Bids Received (October 5, 2023)
Contractor Total Cost for
Required Items
Total Cost for
Optional Items
Total Project
Cost
Optima RPM, Inc. $5,133,427 $662,808 $5,796,235
ACT 1 Construction, Inc. $6,043,194 $800,380 $6,843,574 Pub Construction, Inc. $6,498,638 $1,186,010 $7,684,648 Environmental Construction, Inc.* $10,085,748 $1,126,544 $11,212,292 Kazoni, Inc. $14,450,133 $1,460,835 $15,910,968
*Non-responsive Bidder
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Staff reviewed the submitted bid documents and determined that the lowest responsive bidder was Optima RPM, Inc. (“Optima”). Optima is a California-based company that holds an active registration with the Department of Industrial Relations (DIR). A reference check was conducted that provided a positive response.
Pursuant to the bid documents, bidders may file a bid protest within five business days from the release of the Notice of Intent. On October 12, 2023, Act 1 Construction, Inc. submitted a formal protest letter. At issue from the bid protest received was determining whether the lowest apparent bidder, Optima, failed to meet the “responsive” and/or “responsible requirements”. Following review and analysis of the protest and consultation with legal counsel, the City determined that the concerns addressed in the protest were either not valid and/or would not result in the disqualification of Optima as a responsive and responsible bidder for the Project.
Act 1 Construction Inc. has continued to express concern outside of the bid protest process specifically related to the required licensing to perform the work required for the project. However, given that Optima in its bid has represented it retains the required licensing with in-house staff to complete the amphitheater project, as well as has completed several public works projects for various municipalities, including more recently the Lazy Creek Recreation Center Renovation and Expansion for the City of Menifee, staff remain resolute in the rejection of the bid protest.
The estimated timeline for project completion is March 2025. Table 2 below outlines the total cost for the Project, including the additional requested contract award amounts for construction management and design support services, detailed in separate staff reports.
Table 2 – Project Costs
Contractor/
Consultant
Required
Construction
Total w/ Optional
Audio-Visual Items
Construction Optima RPM, Inc. $5,133,427 $5,796,235
Construction Management (15%) Southstar 855,091 855,091 Design Support Services TyLin 125,000 125,000
Total Project Cost $6,113,518 $6,776,326
Staff is recommending moving forward with the required construction only, based on available funding. The optional Audio-Visual items such as the lighted logo, LED structure interior/exterior lighting, and an integrated sound system with mixing board, can be completed in a later phase when funding is available. This decision will not impact future events at Central Park as staff will continue to contract out for Audio-Visual services which is already a part of the Community Services Department adopted budget for FY 2023/24 and FY 2024/25.
The proposed Project has been determined to be Categorically Exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301 (Class 1 - Existing Facilities).
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
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FISCAL IMPACT
The cost for the construction portion without the optional audio-visual items is estimated at $5,646,770 including base construction costs and any other unforeseen costs which may arise during the project construction. The total anticipated cost for the project including construction, construction management, labor compliance, design support services, and other costs typically associated with a construction project is estimated at $6,626,861. Due to the expansion of the project scope and the increase in costs associated with raw materials and labor in recent years, an additional $3,755,973 is required to complete the needed funding for project construction. The funding required to support the remaining construction costs has been identified and summarized in Table 3 below.
Table 3 – Identified Project Funding
Account NumberFund From: To:
Amount
Requested
American Rescue
Plan (ARP)
301-3742
(Uncommitted ARP Balance) 301-4555-58079 $1,841,667
Quimby – Local
Park Available Fund Balance 620-4555-58079 905,535
DIF Citywide Parks
(Fund 522) Available Fund Balance 522-4555-58079 219,088 General Fund* Available Fund Balance* 100-4555-58079 789,683 Total $3,755,973
*Use of reimbursement/Assigned Fund Balance to General Fund and DIF Citywide Parks (Fund 522) from 1x reimbursements of CSA 145 Quimby Fees for eligible CIP 19-16: Lazy Creek Recreation Center costs.
The City received approximately $13.2 million in ARP funds eligible to be used for a range of expenses incurred between March 3, 2021 through December 31, 2024. The approval of the BAR would include an appropriation of additional funding in the total amount of $1,841,667 from available ARP funds as a one-time capital project. This would ensure the grant funds are expended within the required timeframe while being allocated for public improvements that would not require additional future funding.
General Fund and DIF Citywide Parks Funds are available for allocation to the Project with the acceptance of the one-time CSA 145 Quimby fees from the County of Riverside and the reimbursement of the General Fund and DIF Citywide Parks Fund for the expenses associated with the Lazy Creek Recreation Center, an eligible CSA 145 facility.
Additionally, the identified funding in Fund 620 Local Parks (Quimby) are funds paid for by developers in lieu of dedicating parkland in order to meet their Quimby Act requirements and can only be used towards the creation or improvement of park facilities and amenities. Central Park has been identified as a citywide park amenity due to the centralized location, size of the park, and park amenities. The use of these funds for this project would improve the park program offerings as a benefit to all Menifee residents.
Item Title: 12.1
Agreement and Bid Award to Optima RPM, Inc. for the Central Park Amphitheater Project Construction Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
1561 of 1682
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 64
Menifee Mayor and City Council
October 15, 2025
Page
206 of 379
City of Menifee Staff Report
Agreements and Bid Award for CIP 19-15
December 6, 2023
1 8
5 3
ATTACHMENTS
1. Optima RPM, Inc. Agreement
2. ACT 1 Construction Protest Letter
3. Bid Protest Response Letter
4. Budget Amendment Resolution Fund 301
5. Budget Amendment Resolution Fund 620
6. Budget Amendment Resolution Fund 522
7. Budget Amendment Resolution Fund 100
Item Title: 12.1
Agreement and Bid Award to Optima RPM, Inc. for the Central Park Amphitheater Project Construction Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
1562 of 1682
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 65
Menifee Mayor and City Council
October 15, 2025
Page
207 of 379
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
11/7/2023
SullivanCurtisMonroe Insurance Services (LA)
1920 Main Street
Suite 600
Irvine, CA 92614
949-250-7172 949-852-9762
www.SullivanCurtisMonroe.com License # 0E83670 Great American Assurance Co. (AM Best A+ XV) 26344 Nationwide Mutual Insurance Co. (AM Best A+ XV) 23787
RSUI Indemnity Company (AM Best A++ XIV) 22314
A 1,000,000 GLP 4455902 5/9/2023 5/9/2024
100,000
✓
Excluded
✓
1,000,000
2,000,000
✓$5,000 BI/PD Ded per Occ.
2,000,000✓
B ACP7825445336 5/9/2023 5/9/2024 1,000,000
✓
C NHA102393 5/9/2023 5/9/2024 5,000,000✓
5,000,000✓
✓ 0
Kathy Roberge
Optima RPM, Inc.
17945 Sky Park Circle, Bldg 34, Ste. D
Irvine CA 92614
77122008
✓ ✓
✓✓
✓
City of Menifee, its officers, agents, employees and authorized volunteers are named as Additional Insured per attached form. Coverage is primary and Per Project aggregate applies to General Liability per attached form.
City of Menifee
Attn: Maritsa Ramirez, Contracts/Purchasing
Technician
29844 Haun Road
Menifee CA 92586
Re: CIP 19-15 Central Park Amphitheater Project, 30268 Civic Plaza Drive, Menifee, CA 92586. non-contributory per attached form. Waiver of subrogation applies per attached form. 30 day notice of cancellation applies. 77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 1 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 66
Menifee Mayor and City Council
October 15, 2025
Page
208 of 379
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GLP 4455902
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 2 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 67
Menifee Mayor and City Council
October 15, 2025
Page
209 of 379
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11/7/2023
Optima RPM, Inc.
GLP 4455902
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 3 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 68
Menifee Mayor and City Council
October 15, 2025
Page
210 of 379
COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds – Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments – Bail Bonds
F. Supplementary Payments – Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee – Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos – Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts – Leased Private Passenger Types O. Deductible Amendments
P. Rental Reimbursement Coverage
Q. Expanded Transportation Expense
R. Extra Expense – Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV – Business Auto Conditions – Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission
11/7/2023Optima RPM, Inc.
ACP7825445336
05/09/2023
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 4 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 69
Menifee Mayor and City Council
October 15, 2025
Page
211 of 379
COMMERCIAL AUTO
AC 70 05 03 16
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified
by the provisions of this endorsement. If there
is any conflict between the provisions of this
endorsement and the provision(s) of an y state-
specific endorsement also attached to this pol i-
cy, then the provision(s) of the state- specific
endorsement shall apply instead of the prov i-
sions of this endorsement that are in conflict,
but only to the extent of the conflict, and only to
the extent necessary to bring such provisions
into conformance with the state requirement(s)
contained in the provision(s) of the state-specific
endorsement.
B. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations is
amended to include any organization y ou newly
acquire or form, other than a partnership, joint
venture, or limited liability company, and over
which you maintain ownership or majority (more
than 50%) interest; if there is no other similar i n-
surance available to that organization. Coverage
under this provision is afforded until the 180
th
day after you acquire or form the organization or
the end of the policy period, whichever is later.
C. EMPLOYEES AS INSUREDS – NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
d. Any "employee" of yours is an "insured"
while using a covered "auto" you don't own,
hire or borrow in your business or your per-
sonal affairs.
D. ADDITIONAL INSURED BY CONTRACT,
PERMIT OR AGREEMENT
The following is added to A.1. Who Is An In-
sured of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
Any person or organization that you are re-
quired to name as an additional insured in a
written contract or
agreement that is executed
or signed by you prior to a “bodily injury” or
“property damage” occurrence is an “insured”
for Covered Auto L iability coverage. How-
ever, with respect to covered “autos”, such
person or organization is an insured only to
the extent that person or organization qualifies
as an “insured” under A.1. Who is an Insured of
SECTION II – COVERED AUTOS LIABILITY
COVERAGE:
If specifically required by the written contract or
agreement referenced in the paragraph above,
any coverage provided by this endorsement to
an additional insured shall be primary and
any other valid and collectible insurance avail-
able to the additional insured shall be non-
contributory with this insurance. If the written
contract does not require this coverage to be
primary and the additional insured’s coverage to
be non-contributory, then this insurance will be
excess over any other valid and collectible insur-
ance available to the additional insured.
E. SUPPLEMENTARY PAYMENTS – BAIL
BONDS
Supplementary Payments of SECTION II –
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(2) Up to $2,500 for cost of bail bonds (including
bonds for related traffic law violations)
required because of an “accident” we cover.
We do not have to furnish these bonds.
F. SUPPLEMENTARY PAYMENTS – LOSS OF
EARNINGS
Supplementary Payments of the SECTION II –
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(4) All reasonable expenses incurred by the “in-
sured” at our request, including actual loss
of earnings up to $500 a day because of
time off from work.
G. PERSONAL EFFECTS AND PROPERTY OF
OTHERS EXTENSION
1. The. Care, Custody or Control Exclusion of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE, does not apply to
"property damage" to property, other than
your property, up to an amount not exceed-
ing $250 in any one "accident". Coverage
is excess over any other valid and collectible
insurance.
2. The following paragraph is added to A.4.
Coverage Extensions of SECTION III –
PHYSICAL DAMAGE COVERAGE:
c. We will pay up to $500 for your property
that is lost or damaged as a result of a
covered “loss”, without applying a de-
ductible. Coverage is excess over any
other valid and collectible insurance.
with its permission
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 5 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 70
Menifee Mayor and City Council
October 15, 2025
Page
212 of 379
COMMERCIAL AUTO
AC 70 05 03 16
H. PREJUDGMENT INTEREST COVERAGE
The following paragraph is added to SECTION II
– COVERED AUTOS LIABILITY COVERAGE,
2. Coverage Extensions, a. Supplementary
Payments:
(7) Prejudgment interest awarded against the
“insured” on that part of the judgment we
pay. If we make an offer to pay the appli-
cable limit of insurance, we will not pay
any prejudgment interest based on that
period of time after the offer.
I. FELLOW EMPLOYEE – OFFICERS,
MANAGERS, AND SUPERVISORS
The Fellow Employee Exclusion in SECTION II
– COVERED AUTOS LIABILITY COVERAGE is
replaced as follows;
A. "Bodily injury" to any fellow "employee" of
the "insured" arising out of and in the course
of the fellow "employee's" employment or
while performing duties related to the con-
duct of your business. This exclusion does
not apply to an "insure d" who occupies a
position as an officer, manager, or superv i-
sor.
J. HIRED AUTO PHYSICAL DAMAGE
If covered "auto" designation symbols 1 or 8 ap-
ply to Liability Coverage and if at least one "au-
to" you own is covered by this policy for Com-
prehensive, Specifi ed Causes of Loss, or Coll i-
sion coverages, then the Physical Damage
coverages provided are extended to "autos" you
lease, hire, rent or borrow without a driver; and
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage appl y
up to a limit of $100,000 . The deductible will be
equal to the largest deductible applicable to any
owned "auto" for that coverage. Any Compr e-
hensive deductible does not apply to fire or
lightning.
K. TEMPORARY SUBSTITUTE AUTOS –
PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of SECTION I - COVERED
AUTOS:
If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "autos" for Physi-
cal Damage Coverage:
Any "auto" you do not own while used with
the permission of its owner as a temporary
substitute for a covered "auto" you own that
is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction
The coverage that applies is the same as
the coverage provided for the vehicle being
replaced.
L. EXPANDED TOWING COVERAGE
1. We will pay up to:
a. $100 for a covered "auto" you own of
the private passenger type, or
b. $500 for a covered "auto" you own that
is not of the private passenger type,
for towing and labor costs incurred each
time the covered "auto" is disabled. Howe v-
er, the labor must be performed at the place
of disablement.
2. This coverage applies only for an "auto"
covered on this policy for Comprehensive or
Specified Causes of Loss Coverage and
Collision Coverages.
3. Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered “auto”.
M. AUTO LOAN OR LEASE COVERAGE
1. In th e event of a total "loss" to a covered
"auto", we will pay any unpaid amount due
on the loan or lease, including up to a max-
imum of $ 500 for early termination fees or
penalties, for your covered "auto" less:
a. The amount paid under SECTION III –
PHYSICAL DAMAGE COVERAGE of
this policy; and
b. Any:
1) Overdue lease/loan payments at the
time of the "loss";
2) Financial penalties imposed under a
lease for excessive use, abnormal
wear and tear or high mileage;
3) Security deposits not refunded by a
lessor;
4) Costs of extended warranties, Credit
Life insurance, Health, Accident, or
Disability insurance purchased with
the lease; and
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission
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Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 71
Menifee Mayor and City Council
October 15, 2025
Page
213 of 379
COMMERCIAL AUTO
AC 70 05 03 16
5) Carry-over balances from previous
leases.
2. This coverage only applies to a "loss" which
is also covered under this policy for Com-
prehensive, Specified Causes of Loss, or
Collision coverage.
3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
“auto” is not the sole collateral.
N. ORIGINAL EQUIPMENT MANUFACTURER
PARTS – LEASED PRIVATE PASSENGER
TYPES
Under Paragraph C. Limit of Insurance of
SECTION III – PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows:
4. We will use new original equipment vehicle
manufacturer parts for any private passen-
ger type covered “auto” where required by
the lease agr eement which has a term of at
least six months. If a new original equi p-
ment vehicle manufacturer part is not in pr o-
duction or distribution we may use a like,
kind and quality replacement part.
O. DEDUCTIBLE AMENDMENTS
The following are added to the Deductible provi-
sion of SECTION III – PHYSICAL DAMAGE
COVERAGE:
If another policy or coverage form that is not an
automobile policy or coverage form issued by
this company applies to the same “accident”, the
following applies:
1. If the deductible under this coverage is the
smaller (or smallest) deductible, it will be
waived:
2. If the deductible under this coverage is not
the smaller (or smallest) deductible, it will be
reduced by the amount of the smaller (or
smallest) deductible.
If a Comprehensive or Specified Causes of Loss
Coverage “loss” from one “accident” involves
two or more covered “autos”, only the highest
deductible applicable to those coverages will be
applied to the “accident,” if the cause of the loss
is covered for those vehicles. This provision only
applies if you carry Comprehensive or Specified
Causes of Loss Coverage for those vehicles,
and does not extend coverage to any covered
“autos” for which you do not carry such
coverage.
No deductible applies to glass if the glass is r e-
paired, in a manner acceptable to us, rather than
replaced.
P. RENTAL REIMBURSEMENT COVERAGE
1. This coverage applies only to a covered "a u-
to" for which Physical Damage Coverage is
provided on this policy.
2. We will pay for rental reimbursement ex-
penses incurred by yo u for the rental of an
"auto" because of "loss" to a covered "auto".
Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered "auto." No deductibles
apply to this coverage.
3. We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the "loss" and ending, regardless of the
policy's expiration, with the lesser of the
following number of days:
a. The number of days reasonably
required to repair or replace the covered
"auto". If "loss" is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
"auto" and return it to you.
b. The number of days shown in the
Schedule.
4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses
incurred.
b. $75 for any one day or for a maximum
of 30 days.
5. This coverage does not apply while there
are spare or reserve "autos" available to you
for your operations.
6. If "loss" results from the total theft of a cov-
ered "auto" of the private passenger type,
we will pay under this coverage only that
amount of your rental reimbursement ex-
penses which is not already provided for un-
der SECTION III – PHYSICAL DAMAGE
COVERAGE Coverage Extension.
Q. EXPANDED TRANSPORTATION EXPENSE
Paragraph A.4.a. of SECTION III – PHYSICAL
DAMAGE COVERAGE is replaced by the follow-
ing:
We will pay up to $50 per day to a maximum of
$1500 for temporary transportation expense i n-
curred by you because of the total theft of a
with its permission.
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Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 72
Menifee Mayor and City Council
October 15, 2025
Page
214 of 379
COMMERCIAL AUTO
AC 70 05 03 16
covered "auto" of the private passenger ty pe.
We will only pay for those covered "autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage. We will pay for tem-
porary transportation expenses incur red during
the period beginning 24 hours after the theft and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use or we
pay for its "loss".
R. EXTRA EXPENSE – STOLEN AUTOS
The following paragraph is added to Coverage
Extensions of SECTION III – PHYSICAL
DAMAGE COVERAGE:
c. We will pay for up to $5,000 for the expense
of returning a stolen covered “auto” to you.
We will pay only for those covered “autos”
for which you carry Comprehensive or Spec-
ified Causes of Loss Coverage
S. PHYSICAL DAMAGE LIMIT OF INSURANCE
Under SECTION III – PHYSICAL DAMAGE
COVERAGE, Paragraph C., Limit of Insurance
is replaced by the following:
C. Limit Of Insurance
1. The most we will pay for “loss” in any one
“accident” is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
“loss”, or
b. The cost of repairing or replacing the
damaged or stolen property.
2. $1500 is the most we will pay for “loss” in
any one “accident” to all electronic equip-
ment that reproduces, receives or transmits
audio, visual or data signals which, at the
time of “loss”, is:
a. Permanently installed in or upon the
covered “auto” in a housing, opening or
other location that is not normally used
by the “auto” manufacturer for the in-
stallation of such equipment.
b. Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
c. An integral part of such equipment.
3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total “loss”.
4. The cost of repairing or replacing may:
a. Be based on an estimate which includes
parts furnished by the original equi p-
ment manufacturer or other sources i n-
cluding non -original equipment manu-
facturers and
b. If a repair or replacement results in bet-
ter than like kind or quality, we will not
pay for the amount of the net improv e-
ment.
5. If we offer to pay the actual cash value of
the damaged or stolen property, we will
value auto advertising wraps, paint custom i-
zation, and similar business related advertis-
ing modifications, in addition to the actual
cash value of the property. Auto advertising
wraps, paint customization, and similar
business related advertising modifi cations
will be valued at the cost to replace them
with an adjustment made for depreciation
and physical condition.
T. NEW VEHICLE REPLACEMENT COST
The following is added to the Limit of Insurance
provision of SECTION III – PHYSICAL
DAMAGE COVERAGE:
5. The provisions of paragraphs 1. and 3. do
not apply to a covered “auto“ of the private
passenger type or a vehicle with a gross
vehicle weight rating of 20,000 pounds or
less which is a “new vehicle.”
In the event of a total “loss” to your new v e-
hicle to w hich this coverage applies, we will
pay at your option:
a. The verifiable “new vehicle ” purchase
price you paid for your damaged vehi-
cle, not including any insurance or war-
ranties purchased;
b. If it is available, the purchase price, as
negotiated by us, of a “new vehicle” of
the same make, model, and equipment
or the most similar model available, not
including any furnishings, parts, or
equipment not installed by the manufac-
turer or manufacturers’ dealership; or .
c. The market value of your damaged v e-
hicle, not including any furnishings,
parts, or equipment not installed by the
manufacturer or manufacturer’s dealer-
ship.
We will not pay for initiation or set up costs
associated with loans or leases
As used i n this endorsement, a “ new
vehicle” means an “auto” of which you are
the original owner that has not been prev i-
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission
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Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 73
Menifee Mayor and City Council
October 15, 2025
Page
215 of 379
COMMERCIAL AUTO
AC 70 05 03 16
ously titled and which you purchased less
than 365 days before the date of the “loss”.
U. PHYSICAL DAMAGE COVERAGE
EXTENSIONS
Under SECTION III – PHYSICAL DAMAGE
COVERAGE, A. Coverage, Coverage Exte n-
sions, b. Loss of Use Expenses is replaced by
the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an “insured” be-
comes legally responsible to pay for loss of
use of a vehicle rented or hired without a
driver, under a written rental contract or
agreement. We will pay for loss of use ex-
penses if caused by:
(1) Other than collision if the Declarations
indicate that Comprehensive Coverage
is provided for any covered “auto”;
(2) Specified Causes of Loss only if the
Declarations indicate that Specified
Causes of Loss Coverage is provided
for any covered “auto”; or
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered “auto.”
However, the most we will pay for any
expenses for loss of use is $50 per day, to a
maximum of $1,500. The insurance provided
by this provision is excess over any other
collectible insurance.
V. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
The following is added to the Transfer Of Ri ghts
Of Recovery Against Others To Us Condition:
We waive any right of recovery we may
have against any person or organization to
the extent required of you by a written con-
tract executed prior to any “accident” be-
cause of payments we make for damages
under this coverage form.
W. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
SECTION IV – BUSINESS AUTO
CONDITIONS, Paragraph A is amended as
follows:
6. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condi-
tion relative to notification requirements
applies only when the “accident” or
“loss” is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to providing us with documents
concerning a claim or “suit” will not be
considered breached unless the breach
occurs after such claim or “suit” is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited
liability company; or
(4) An executive officer or insurance
manager, if you are a corporation.
X. HIRED CAR – COVERAGE TERRITORY
Item (5) of the Policy Period, Coverage Territory
General Conditions is replaced by the following:
(5) Anywhere in the world if a covered “auto” is
leased, hired, rented or borrowed without a
driver for a period of 30 days or less; and
Y. EMERGENCY LOCKOUT
We will reimburse you up to $100 for reasonable
expense incurred for the services of a locksmith
to gain entry into your covered “auto” subject to
these provisions:
1. Your door key , electronic key or key entry
pad has been lost, stolen or locked in your
covered “auto” and you are unable to enter
such “auto” , or
2. Your keyless entry device battery dies and
you are unable to enter such "auto" as a r e-
sult,
3. Your key , electronic key or key entry pad
has been lost or stolen and you have
changed the lock to prevent an unauthorized
entry; and
with its permission.
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 9 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 74
Menifee Mayor and City Council
October 15, 2025
Page
216 of 379
COMMERCIAL AUTO
AC 70 05 03 16
4. Original copies of receipts for services of a
locksmith must be provided before rei m-
bursement is payable.
Z. CANCELLATION CONDITION
Paragraph A.2. of the COMMON POLICY
CONDITION – CANCELLATION applies
except as follows:
If we cancel for any reason other than no n-
payment of premium, we will mail or deliver
to the First Named Insured written notice of
cancellation at least 60 days before the ef-
fective date of cancellation. This provision
does not apply in those states that require
more than 60 days prior notice of cancell a-
tion.
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 10 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 75
Menifee Mayor and City Council
October 15, 2025
Page
217 of 379
11/7/2023
Optima RPM, Inc.
GLP 4455902
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Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 76
Menifee Mayor and City Council
October 15, 2025
Page
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or or ganization shown in the
Schedule above.
11/7/2023Optima RPM, Inc.
GLP 4455902
Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization.
05/09/2023 05/09/2024
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 12 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 77
Menifee Mayor and City Council
October 15, 2025
Page
219 of 379
11/7/2023
Optima RPM, Inc.
GLP 4455902
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 13 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 78
Menifee Mayor and City Council
October 15, 2025
Page
220 of 379
77122008 | OPTIMRPM | 23-24 GL/CAU/XLS | Mrutyunjay Dileep | 11/7/2023 4:45:20 PM (PST) | Page 14 of 14 DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 79
Menifee Mayor and City Council
October 15, 2025
Page
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INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
CorePoint Insurance Company
11/07/2023
USI Insurance Services LLC
2375 E.Camelback Road, Suite 250
Phoenix, AZ 85016
877 468-6516
Christine Torrance
602 666-4830 610 537-2283
[email protected]
Optima RPM, Inc.
17945 Sky Park Circle, Suite D
Irvine, CA 92614
10499
A X CPW1001512 06/28/2023 06/28/2024 X
1,000,000
1,000,000
1,000,000
RE: CIP 19-15 Central Park Amphitheater Project - 30268 Civic Plaza Dr., Menifee, CA 92586.
Workers Compensation provides a blanket Waiver of Subrogation when required by written contract, except as prohibited by law.
(See Attached Descriptions)
City of Menifee
Attn: Maritsa Ramirez,
Contracts/Purchasing Technician
29844 Haun Rd.
Menifee, CA 92586
1 of 2
#S42566568/M40655845
OPTIMRPMClient#: 2013428
SP3ZP
1 of 2
#S42566568/M40655845
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 80
Menifee Mayor and City Council
October 15, 2025
Page
222 of 379
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
2 of 2
#S42566568/M40655845
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Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 81
Menifee Mayor and City Council
October 15, 2025
Page
223 of 379
ã 1983 National Council on Compensation Insurance.
WORKERS COMPENSATION AND E MPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHE RS ENDORSEMENT We have the right to recover our payments fr om anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to ob tain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.
Insured Premium
Insurance Company Countersigned by ________________________________ ________
WC 00 03 13
(Ed. 4-84)
1 Optima RPM, Inc
Corepointe Insurance Co
CPW1001512
06/28/23
Any person or organization as required by written contract DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 82
Menifee Mayor and City Council
October 15, 2025
Page
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2 DUNS # & SAM.GOV REGISTRATION CONFIRMATION
This project includes federal funds, receiving funding from the American Rescue Plan (ARP) program. As such, in order to enter into contract for completion of the project, your organization must meet the following registration requirements:
• DUNS
Registration (must be done before Sam.gov registration can be completed) • Sam.gov Registration
DUNS
Registration: (Free 1x registration at www.dnb.com/duns-number.html The D&B D-U-N- S® Number is a unique nine -digit identifier for businesses. It is used to establish a business credit file, which is often referenced by lenders and potential business partners to help predict the reliability and/or financial stability of the company in question.
D-U-N-S, which stands for data universal number system, is used to and maintain accurate and timely information on +265M global businesses.
SAM.gov (Free 1x registration at www.sam.gov, requires annual renewal (free)) Sam.gov is t he Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. You must have an existing DUNS number to register.
Pleas
e note, failure to meet BOTH of these requirements could result in delay of execution of contract or cancellation of entering into contract.
I acknowledge the DUNS and Sam.gov registration requirements listed above must be met in order to enter into contact for the project/program identified. ____
_____________________________________________________________________________ (Signature) (Date)
Pleas
e mark applicable below:
____
___ I am already registered with:
- DUNS (My organization’s DUNS number is _______________________) - Sam.gov (My organization’s CAGE number is _____________________) ____
___ I have submitted registration request for:
- DUNS (Date Submitted _______________________)
- Sam.gov (Date Submitted _____________________)
Dec.8,2023
021173947
ID # LZ1YZE6BMES1/Dec.8,2023
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 83
Menifee Mayor and City Council
October 15, 2025
Page
225 of 379
Federal Procurement: Suspension & Debarment Certification Non-Federal entities are prohibited from contracting with or making sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred when the transaction is supported by federal funds. Covered transactions include procurement transaction (purchases of goods or services) and non -procurement transactions such as grants or cooperative agreements of any amount.
A suspension is a disqualification from government contracting and subcontracting for a temporary period of time and may be based on indictments, information or adequate evidence involving transportation crimes, contract fraud, embezzlement, theft, forgery, bribery, poor performance, non-performance, or false statements. Suspension is used on an interim basis pending debarment proceedings.
A debarment is, in general, an ex clusion from government contracting and subcontracting for a reasonable, specified period of time and may be based on convictions, civil judgments or fact based cases involving transportation crimes, contract fraud, embezzlement, theft, forgery, bribery, poor performance, nonperformance or false statements as well as other causes.
No awards or contracts may be made to debarred, suspended or ineligible parties.
Before awarding any contracts to be paid in whole or in part by federal funds, the contracting party must verify that the contractor is not debarred, suspended or otherwise ineligible to receive federal funds, and documentation of this verification process must be on file.
I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
Firm/Consultant/Contractor Name: __________________________________________________
Authorized Representative Name: ____________________________________________________
Signature: __________________________________________________________________________
Date: ______________________________________________________________________________ Jamba Construction Inc.
Yaseen Baba
Dec.8,2023
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 84
Menifee Mayor and City Council
October 15, 2025
Page
226 of 379
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 85
Menifee Mayor and City Council
October 15, 2025
Page
227 of 379
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 86
Menifee Mayor and City Council
October 15, 2025
Page
228 of 379
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 87
Menifee Mayor and City Council
October 15, 2025
Page
229 of 379
DocuSign Envelope ID: C15B5569-5DBA-4F0E-A6FF-75611DF125CA Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 88
Menifee Mayor and City Council
October 15, 2025
Page
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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 – DIF CITYWIDE - PARK IMPROVEMENTS FUND 2522 EXPENDITURE ADJUSTMENT – DIF CITYWIDE - PARK IMPROVEMENTS FUND 2522
RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
2522-57-PWD-CIPS-906-0000-
904320-
4320-57-PWD-CIPS-906-00000-
802522-
$47,396.00
TOTAL: $47,396.00
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT NUMBER AMOUNT
TOTAL: $0.00
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT NUMBER AMOUNT
October 15,
2025
Transfer of Fund 2522 funds to Fund
4320 for Central Park Amphitheater
2522-57-PWD-CIPS-
906-0000-904320- $47,396.00
Total $47,396.00
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 89
Menifee Mayor and City Council
October 15, 2025
Page
231 of 379
Amending the Fiscal Year 2025/26 DIF Citywide - Park Improvements Fund Budget CIP 19-15 Central Park Amphitheater CCO 7
2 5
1 3
2 7
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:
Section 1.The annual budget for the DIF Citywide - Park Improvements Fund 2522 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
FUND SUMMARY – DIF CITYWIDE - PARK IMPROVEMENTS FUND 2522 PASSED, APPROVED AND ADOPTED this 15th day of October, 2025. _____________________________
Bob Karwin, Mayor Pro Tem
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 $0.00 $0.00 $0.00
Expenditures $0.00 $5,000.00 $47,396.00 $52,396.00
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 90
Menifee Mayor and City Council
October 15, 2025
Page
232 of 379
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 – CAPITAL PROJECTS FUND 4320
EXPENDITURE ADJUSTMENT – CAPITAL PROJECTS FUND 4320
RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
2522-57-PWD-CIPS-906-0000-
904320-
4320-57-PWD-CIPS-906-00000-
802522-
$47,396.00
TOTAL: $47,396.00
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT NUMBER AMOUNT
October 15,
2025
Transfer of Fund 2522 funds to Fund
4320 for Central Park Amphitheater
4320-57-PWD-CIPS-
906-00000-802522- $47,396.00
TOTAL: $47,396.00
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT NUMBER AMOUNT
October 15,
2025
Transfer of Fund 2522 funds to Fund
4320 for Central Park Amphitheater
4320-55-PWD-CIPS-
906-02522-690050- $47,396.00
TOTAL: $47,396.00
Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 91
Menifee Mayor and City Council
October 15, 2025
Page
233 of 379
Amending the Fiscal Year 2025/26 Capital Projects Fund Budget CIP 19-15 Central Park Amphitheater CCO 7
2 5
1 3
2 6
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:
Section 1.The annual budget for the Capital Projects Fund 4320 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
FUND SUMMARY – CAPITAL PROJECTS FUND 4320
PASSED, APPROVED AND ADOPTED this 15th day of October, 2025. _____________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
CATEGORY ADOPTED
BALANCE
PRIOR
ADJUSTMENTS
AMENDMENT
AMOUNT
AMENDED
TOTAL
Revenues $4,047,705.00 $1,500,000.00 $47,396.00 $5,595,101.00 Expenditures $4,963,851.00 $48,233,435.00 $47,396.00 $53,244,682.00 Item Title: 10.10
Contract Change Order with Optima RPM, Inc. for the Central Park Amphitheater Project Item Page Number: 92
Menifee Mayor and City Council
October 15, 2025
Page
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CITY OF MENIFEE
SUBJECT: Replacement Agreement and Bonds for Public
Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC.
MEETING DATE: October 15, 2025
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement and securities with Lennar Homes of California, LLC , to replace existing agreements and securities, and guarantee the completion of required public and private improvements associated with Tract Map 36803, Quartz Trail , located south of Holland Road and east of Evans Road; and
2. Authorize the Public Works Director to fully release remaining improvement securities previously provided by FPG Sun Menifee, LLC for Tract Map No. 36803.
DISCUSSION
Tract Map 36803 (TM36803), Quartz Trail (Project), formerly known as Menifee 80 and/or Estrella, is a proposed subdivision of 30 gross acres of land into 80 residential lots. TM36803 was recorded on March 23, 2023, by FPG Sun Menifee, LLC ( Former Owner) and is located at the southeast corner of Holland Road and Evans Road.
On March 1, 2023, the City Council approved and entered into several Subdivision Improvement Agreements (Original Agreements) with the Former Owner to guarantee the construction of street, drainage, and utility improvements as required by the Project’s conditions of approval. The Former Owner had posted required improvement securities for off-site and on-site improvements (Original Securities) for the Project at the time of approval. A summary of the Original Securities is provided in Tables 1 and 2 on the following page.
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 1
Menifee Mayor and City Council
October 15, 2025
Page
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City of Menifee Staff Report
Replacement Agreement and Bonds for Tract Map No. 36803 October 15, 2025
TABLE 1 – ORIGINAL OFFSITE SECURITIES (TO BE RELEASED)
Improvement Security Faithful
Performance
Material and
Labor
IP21-013S Street and Drainage
(Corson Avenue) 225122D $ 690,000 $ 345,000
IP21-013SSD Streets and Drainage
(Evans Road) 225122F $ 1,540,000 $ 770,000
IP21-013SSD Streets and Drainage
(Holland Road) 225122G $ 1,555,000 $ 777,500
IP21-013U Water/ Recycled
Water/Sewer
(Corson Avenue)
225122J $ 62,500 $ 31,250
IP21-013U Water/ Recycled
Water/Sewer (Evans Road) 225122K $ 169,000 $ 84,500 IP21-013U Water/ Recycled
Water/Sewer (Holland Road) 225122M $ 123,000 $ 61,500 Total $ 4,139,500 $ 2,069,750
TABLE 2 – ORIGINAL ONSITE SECURITIES (TO BE RELEASED)
Improvement Security Faithful
Performance
Material and
Labor
IP21-012SSD Streets and Drainage 225121N $ 4,333,000 $ 2,166,500 IP21-014U Sewer System 225121P $ 302,200 $ 151,000 IP21-014U Water System 278954Q $ 652,000 $ 326,000 Total $ 5,287,200 $ 2,643,600
Ownership of the Project has now been transferred to Lennar Homes of California, LLC , a California Limited Liability Company (Developer). While the Project has been renamed to Quartz Trail, the subdivision remains consistent with the recorded map of 80 residential lots, a water quality basin, a private park, and private streets within a gated community.
Given the change in ownership, an updated subdivision improvement agreement , as well as updated improvement securities with the Developer , are now required for the Project. The proposed Subdivision Improvement Agreement (Replacement Agreement) would replace the Original Agreements and new improvement securities (Replacement Securities) are required to be posted by the Developer to guarantee the completion of the Project improvements and replace the Original Securities. The Developer has also posted additional Project securities to guarantee the completion of landscape improvement s and the placement of survey monuments for the Project.
Staff have reviewed the Replacement Agreement and all security documents and determined that they meet the requirements of the Project’s conditions of approval. A summary of all securities being posted to guarantee the required improvements are shown in Tables 3 through 6 on the following page.
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 2
Menifee Mayor and City Council
October 15, 2025
Page
236 of 379
City of Menifee Staff Report
Replacement Agreement and Bonds for Tract Map No. 36803 October 15, 2025
TABLE 3 – REPLACEMENT OFFSITE SECURITIES
Improvement Security Faithful
Performance
Material and
Labor
IP21-013S Street and Drainage
(Corson Avenue) K42131325 $ 690,000 $ 345,000
IP21-013SSD Streets and Drainage
(Evans Road) K42131325 $ 1,540,000 $ 770,000
IP21-013SSD Streets and Drainage
(Holland Road) K42131325 $ 1,555,000 $ 777,500
IP21-013U Water/ Recycled
Water/Sewer
(Corson Avenue)
K42131325 $ 62,500 $ 31,250
IP21-013U Water/ Recycled
Water/Sewer (Evans Road) K42131325 $ 169,000 $ 84,500 IP21-013U Water/ Recycled
Water/Sewer (Holland Road) K42131325 $ 123,000 $ 61,500 Total $ 4,139,500 $ 2,069,750
TABLE 4 – REPLACEMENT ONSITE SECURITIES
Improvement Security Faithful
Performance
Material and
Labor
IP21-012SD Streets and Drainage K42131313 $ 4,333,000 $ 2,166,500 IP21-014U Sewer System K42131313 $ 302,200 $ 151,000 IP21-014U Water System K42131313 $ 652,000 $ 326,000 Total $ 5,287,200 $ 2,643,600
TABLE 5 – LANDSCAPE SECURITIES
Improvement Security Faithful
Performance
Material and
Labor
IP22-016 Landscape SPA150818_057 $ 493,500 $ 493,500
Total $ 493,500 $ 493,500
TABLE 6 – SECURITIES FOR SURVEY MONUMENT
Improvement Security Monument Bond
Survey Monument 024289251 $ 99,000
Total $ 99,000
Due to the volume of security documents referenced in this report, only the Replacement Agreement and Developer-provided securities have been included as attachments to this report.
The Original Agreements and Original Securities are available, and on file, in the Office of the City Clerk. Upon City Council approval and following the full execution of the Replacement Agreement, staff would process the release and return of all Original Securities to the Former Owner.
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 3
Menifee Mayor and City Council
October 15, 2025
Page
237 of 379
City of Menifee Staff Report
Replacement Agreement and Bonds for Tract Map No. 36803 October 15, 2025
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with the replacement of agreements and securities. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year operati ng budgets in Community Facilities District 2017-1, Annexation No. 13.
ATTACHMENTS
1. Project Map
2. Replacement Agreement
3. Bond - Replacement Offsite
4. Bond - Replacement Onsite
5. Bond - Landscape
6. Bond - Monuments
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 4
Menifee Mayor and City Council
October 15, 2025
Page
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HOLLAND RD
ALTAMIRA ST
CORSON AVE
M
URRIETA
RD
EVANS
RD
MURPHY
LN
BRADLEY
RD
CRAIG AVE
PLEASANT
VALLEY
AVE
^_
EVANSRD
SCOTT RD
GARBANI RD
NEWPORT RD
MURRIETA
RD
MENIFEE
RD
BRADLEY RD
AUDIE MURPHY RD
§¨¦215
CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 13
PROJECT MAP
TRACT 36803
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 5
Menifee Mayor and City Council
October 15, 2025
Page
239 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 6
Menifee Mayor and City Council
October 15, 2025
Page
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 7
Menifee Mayor and City Council
October 15, 2025
Page
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 8
Menifee Mayor and City Council
October 15, 2025
Page
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 9
Menifee Mayor and City Council
October 15, 2025
Page
243 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 10
Menifee Mayor and City Council
October 15, 2025
Page
244 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 11
Menifee Mayor and City Council
October 15, 2025
Page
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 12
Menifee Mayor and City Council
October 15, 2025
Page
246 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 13
Menifee Mayor and City Council
October 15, 2025
Page
247 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 14
Menifee Mayor and City Council
October 15, 2025
Page
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 15
Menifee Mayor and City Council
October 15, 2025
Page
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Tract #36803, IP21-013 for the Construction of Offsite Street and Drainage, Water, Recycled Water, and Sewer Improvements Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 16
Menifee Mayor and City Council
October 15, 2025
Page
250 of 379
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Item Title: 10.11
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Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 44
Menifee Mayor and City Council
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Menifee Mayor and City Council
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Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 46
Menifee Mayor and City Council
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 49
Menifee Mayor and City Council
October 15, 2025
Page
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Menifee Mayor and City Council
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 51
Menifee Mayor and City Council
October 15, 2025
Page
285 of 379
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01-31-23
RICHARD REAVES 80614 03-31-25 - ONSITE WATER
APPROVED FOR
BONDS E.S. 1/31/23
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 52
Menifee Mayor and City Council
October 15, 2025
Page
286 of 379
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 53
Menifee Mayor and City Council
October 15, 2025
Page
287 of 379
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Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 54
Menifee Mayor and City Council
October 15, 2025
Page
288 of 379
APPROVED FOR BONDS
E.S. 02/12/25
Tract #36803, IP22-016 for the
Construction of Landscape Improvements
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 55
Menifee Mayor and City Council
October 15, 2025
Page
289 of 379
Date: CITY OF MENIFEE ENGINEERING DEPARTMENT Project No. 12/4/2024 IMPROVEMENT REQUIREMENT WORKSHEET IP22-016L
LANDSCAPE & IRRIGATION IMPROVEMENTS
UNIT
S.F. $ 9.00 $ 846.00
L.F. $ 12.00 $ 2,700.00
L.F. $ 15.00 $ 15,780.00
EA $ 20.00 $ 2,660.00
S.F. $ 6.00 $ 53,496.00
L.F. $ 28.00 $ 29,456.00
SF $ 3.25 $ 85,884.50
EA $ 425.00 $ 1,700.00
EA $ 475.00 $ 950.00
EA $ 200.00 $ 5,000.00
EA $ 200.00 $ 2,800.00
LF $ 3.00 $ 8,100.00
EA $ 950.00 $ 950.00
EA $ 1,700.00 $ 1,700.00
EA $ 3,500.00 $ 3,500.00
EA $ 1,100.00 $ 1,100.00
EA $ 7,000.00 $ 14,000.00
EA $ 10,000.00 $ 10,000.00
EA $ 13,600.00 $ 13,600.00
EA $ 9,400.00 9,400.00
EA $ 75.00 $ 825.00
EA $ 350.00 $ 28,700.00
EA $ 150.00 $ 12,300.00
EA $ 35.00 $ 29,295.00
EA $ 15.00 $ 13,860.00
EA $ 20.00 980.00
EA $ 25.00 2,175.00
SF $ 0.40 $ 10,570.40
SF $ 0.60 $ 15,855.60
EA $ 600.00 $ 7,200.00
*Permits not included.
A. $ 385,383.50
B. Administrative Contingency (20% x A) $ 77,076.70
C. CM - Inspection - LC (8%) $ 30,830.68
D Streets/Drainage Total (A + B) $ 493,290.88
25 2,700
1 1
Groundcover ( 2 Gallon )4 9
1 Quick coupler 14
1 1
ITEM QUANTITY UNIT AMOUNT
COST
Trees ( 24" Box )8 2
Point to Point Drip Irrigation 26,426
Concrete mow curb - 6" wide (at limit of work) 225
D.G. (trail) 8,916
Vinyl fence (HDPE) 1,052
LANDSCAPING
RCV Drip (15-62 gpm) 2
Subtotal
CALSENSE Controller (includ. install, parts & labor) 1
Landscape Soil Preparation/Fine Grading 26,426
Estimated One Year Maintenance 12
Recycled Water Use Signage 11
Shrub ( 5 Gallon )
Shrub ( 1 Gallon )
82 Stainless Steel Enclosure (includ. install, parts & labor) 1 Vine (1 Gallon )8 7
26,426
Root Barrier for Street Trees
RCV Drip (0.3-20 gpm)
Ball Valve
Mainline
Master Valve
Flow Sensor
Basket Strainer
3" Layer Mulch
837
924
2 Recycled Water Meter (price by other) Electric Meter (price by other)
Presure Regulator
4 Concrete flatwork (excluded street sidewalk) 94
Concrete footing - 12" wide (post deep @ every 8' max) 133 Concrete mow curb - 8" wide (at Basin fence) 1,052
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 56
Menifee Mayor and City Council
October 15, 2025
Page
290 of 379
CITY OF MENIFEE
OFFICE OF THE CITY SURVEYOR
MONUMENT BOND COMPUTATION
MAP # SCHEDULE MAP CHECKE R
Cost per Monument
$2500.00* $300
$2500.00* $600
x + 20% = Total Bond Amount
x x 120% = $0.00
$
Date:
REVISED 2010
Total Monuments to be Bonded Cost per Monument
Monument Inspection Fee (Deposit Based)
( ) Set monuments
( ) Monuments will need to be recovered and/or reset at time of inspection Submitted Monument Bond Computation to Planning Dept. Plan Check Review * Based on a crew of, 1) Registered Principal Eng. Technician, 1) Senior Eng. Technician.
Schedule Parcel Maps
Minimum Cost
Schedule Tract Maps
36803 A Dennis Janda
275 300 $99,000.00
Tract #36803 for Placement of Survey Monuments
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 57
Menifee Mayor and City Council
October 15, 2025
Page
291 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 58
Menifee Mayor and City Council
October 15, 2025
Page
292 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 59
Menifee Mayor and City Council
October 15, 2025
Page
293 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 60
Menifee Mayor and City Council
October 15, 2025
Page
294 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 61
Menifee Mayor and City Council
October 15, 2025
Page
295 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 62
Menifee Mayor and City Council
October 15, 2025
Page
296 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 63
Menifee Mayor and City Council
October 15, 2025
Page
297 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 64
Menifee Mayor and City Council
October 15, 2025
Page
298 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 65
Menifee Mayor and City Council
October 15, 2025
Page
299 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 66
Menifee Mayor and City Council
October 15, 2025
Page
300 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 67
Menifee Mayor and City Council
October 15, 2025
Page
301 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 68
Menifee Mayor and City Council
October 15, 2025
Page
302 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 69
Menifee Mayor and City Council
October 15, 2025
Page
303 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 70
Menifee Mayor and City Council
October 15, 2025
Page
304 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 71
Menifee Mayor and City Council
October 15, 2025
Page
305 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 72
Menifee Mayor and City Council
October 15, 2025
Page
306 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 73
Menifee Mayor and City Council
October 15, 2025
Page
307 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 74
Menifee Mayor and City Council
October 15, 2025
Page
308 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 75
Menifee Mayor and City Council
October 15, 2025
Page
309 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 76
Menifee Mayor and City Council
October 15, 2025
Page
310 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 77
Menifee Mayor and City Council
October 15, 2025
Page
311 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 78
Menifee Mayor and City Council
October 15, 2025
Page
312 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 79
Menifee Mayor and City Council
October 15, 2025
Page
313 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 80
Menifee Mayor and City Council
October 15, 2025
Page
314 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 81
Menifee Mayor and City Council
October 15, 2025
Page
315 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 82
Menifee Mayor and City Council
October 15, 2025
Page
316 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 83
Menifee Mayor and City Council
October 15, 2025
Page
317 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 84
Menifee Mayor and City Council
October 15, 2025
Page
318 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 85
Menifee Mayor and City Council
October 15, 2025
Page
319 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 86
Menifee Mayor and City Council
October 15, 2025
Page
320 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 87
Menifee Mayor and City Council
October 15, 2025
Page
321 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 88
Menifee Mayor and City Council
October 15, 2025
Page
322 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 89
Menifee Mayor and City Council
October 15, 2025
Page
323 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 90
Menifee Mayor and City Council
October 15, 2025
Page
324 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 91
Menifee Mayor and City Council
October 15, 2025
Page
325 of 379
Item Title: 10.11
Replacement Agreement and Bonds for Public Improvements, Tract Map 36803, Quartz Trail, by Lennar Homes of California, LLC Item Page Number: 92
Menifee Mayor and City Council
October 15, 2025
Page
326 of 379
CITY OF MENIFEE
SUBJECT: Public Improvement Acceptance and 90% Release of Securities for Tract Map 36484, Audie Murphy Ranch, by
Sutter Mitland 01, LLC
MEETING DATE: October 15, 2025
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer, and subdivision monuments associated with Audie Murphy Ranch for Tract Map 36484, located southwest of the intersection of Goetz Road and Landsview Way; and
2. Authorize the City Engineer to release 90% of the posted securities per the City’s standard policies.
DISCUSSION
Sutter Mitland 01, LLC (Developer) is the developer of Audie Murphy Ranch (AMR) Tract Map 36484, a subdivision consisting of 32.33 gross acres of land into 109 lots for residential use, located southwest of the intersection of Goetz Road and Landsview Way.
The Developer has completed the construction of streets, drainage, water, recycled water, and sewer improvements, as well as subdivision monuments, and is now requesting acceptance of the completed improvements into the City’s maintenance system. Staff have inspected the completed improvements and determined that they have been constructed in accordance with City specifications and standards. They have also verified that all project conditions of approval have been met, releasing the faithful performance securities and labor and materials securities in accordance with City policy.
A 10% security warranty would be held for a period of one year in accordance with the City’s Municipal Code for the streets, drainage, water, recycled water, and sewer improvements. The subdivision monument securities would be released in full. The original posted securities for the improvements and monuments are listed in Tables 1 and 2 on the following page.
Item Title: 10.12
Public
Improvement
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
36484,
Audie
Murphy
Ranch,
by
Sutter
Mitland
01,
LLC
Item Page Number: 1
Menifee Mayor and City Council
October 15, 2025
Page
327 of 379
City of Menifee Staff Report
Public Improvement Acceptance TM 36484
October 15, 2025